Terms of service

General Terms and Conditions

Table of Contents

1. Scope of Application

2. Conclusion of the Contract

3. Right to Cancel

4. Prices and Payment Conditions

5. Shipment and Delivery Conditions

6. Reservation of Proprietary Rights

7. Warranty

8. Redemption of Campaign Vouchers

9. Applicable Law

10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions of the company Daniel Blank (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is hereby excluded, unless other terms have been expressly agreed.

1.2 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

1.4 Digital content in the sense of these General Terms and Conditions refers to all data not stored on a tangible medium, which are produced in digital form and supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days:

• by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or

• by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or

• by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

3) Right to Cancel

3.1 Consumers are entitled to a right of cancellation.

3.2 Detailed information regarding the right of cancellation is provided in the Seller's cancellation policy.

3.3 The Buyer shall bear the direct costs of returning the goods in the event of a cancellation. This applies even if the goods cannot be returned by standard postal service due to their nature.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description, prices indicated are total prices. Sales tax is not listed, since the Seller is a small trader within the meaning of section 19, para 1 German Turnover Tax Act.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called "PayPal") subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered via dispatch to the delivery address provided by the Client unless agreed otherwise. The delivery address indicated in the Seller’s order processing shall be decisive. However, if the Client selects PayPal as the payment method, the delivery address stored with PayPal at the time of payment shall be decisive.

5.2 If the designated transport company returns the goods to the Seller because delivery to the Client was not possible, the Client shall bear the costs for the unsuccessful dispatch. This does not apply if the Client exercises their right to cancel effectively, if the delivery could not be made due to circumstances beyond the Client’s control, or if the Client was temporarily unable to accept the service offered, provided that the Seller informed them of the delivery within a reasonable period in advance.

5.3 Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

7) Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.

7.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Redemption of Campaign Vouchers

8.1 Vouchers issued by the Seller free of charge for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers") can only be redeemed in the Seller’s online shop and only within the indicated time period.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods.

10) Alternative Dispute Resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.