1. Scope of application

1.2. These General Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly stipulated otherwise.

1.3. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.

1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

2. Conclusion of contract

2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.

2.2. First, the customer places the selected goods in the shopping basket. In the next step, the order process begins, in which all the data required for order processing is entered.
At the end of the order process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.

2.3. The seller accepts the customer's offer by the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- request for payment to the customer after placing the order
or
- delivery of the ordered goods
The time of acceptance shall be determined by the first alternative that occurs. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4. The text of the contract concluded between the seller and the customer is stored by the seller. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. Once the order has been completed, the text of the contract can no longer be viewed online by the customer.

2.5. All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer has buttons for corrections, which are labelled accordingly.

2.6. The contract language is German.

2.7. It is the customer's responsibility to provide a correct email address for contacting and processing the order and to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of payment

3.1. The prices shown are final prices including statutory VAT, unless otherwise agreed.

If additional shipping costs are incurred, this can be found in the product description.

3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.

Customers are advised to enquire about the details with the respective organisations or authorities before ordering.

3.3. The customer can select the payment methods available in the online shop.

3.4. In the case of payment via ‘PayPal’, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply to this. These can be found at:https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4. Delivery and dispatch conditions

4.1. Goods shall be delivered by dispatch to the delivery address specified by the customer. Notwithstanding the above, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

4.2. If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of the return shipment if the customer has effectively exercised his right of cancellation. In this case, the statutory provision or the provision made by the seller shall apply.

4.3. The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorised to receive them.

By way of derogation from this, the transfer of risk shall also take place for consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment to carry out the shipment itself and the seller has not previously named this person or organisation to the customer.

4.4. The contract shall be concluded subject to the reservation that in the event of improper, delayed or non-delivery by the Seller, the Seller shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that a congruent covering transaction exists between the Seller and the Supplier, the Seller is not responsible for the improper, delayed or missing self-delivery and cannot be remedied by the Seller with reasonable effort. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5. Self-collection is only offered in special cases.

4.6. Vouchers are provided to the customer in the following form:
- by e-mail
- by download
- by post

4.7. Data protection contact details
By completing an order, the customer agrees that his/her data may be passed on to DHL and/or DPD for dispatch.

5. Right of cancellation

5.1. If the customer is a consumer, he is generally entitled to a right of cancellation.

5.2. The seller's cancellation policy applies to the right of cancellation.

6. Retention of title

6.1. In the case of contracts with consumers, the goods remain the property of the seller until full payment has been made.

6.2. In the case of contracts with entrepreneurs, the goods shall remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.

6.3. If the customer is acting as an entrepreneur, he is authorised to resell the reserved goods in the ordinary course of business.
The customer assigns to the seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer may also collect receivables after the assignment, but this shall not affect the seller's right to collect the receivables itself. However, the seller shall refrain from collecting the claims as long as the customer fulfils his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed against the customer.

7. Liability for defects

With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.1. If the customer is acting as an entrepreneur,
• the seller has the choice of the type of subsequent fulfilment;
• in the case of used goods, the rights and claims due to defects are generally excluded;
• in the case of new goods, the limitation period for defects is one year from the transfer of risk;
• the limitation period shall not begin again if a replacement delivery has been made within the scope of liability for defects.

7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.

7.3. The aforementioned limitations of liability and shortening of the limitation period shall not apply. do not apply
• to items that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for damage culpably caused by the seller resulting from injury to life, limb or health and for damage caused by gross negligence or wilful intent
• or in the case of fraudulent intent on the part of the seller and in the case of claims pursuant to §§ 478, 479 BGB.

7.4. The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB remain unaffected.

7.5. If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial inspection and complaint obligations pursuant to § 377 HGB.

7.6. If the customer is acting as a consumer, he is requested to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly clarified that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.

8. Liability

The Seller's liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows:

8.1. The seller shall only be liable without limitation for damages that are attributable to wilful or grossly negligent behaviour.
In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the seller shall also be liable in the event of slight negligence.
A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
As regulated above, the seller shall also be liable on the basis of a guarantee promise, unless otherwise regulated in this respect. This also applies to indirect consequential damages such as in particular loss of profit and for mandatory liability such as under the Product Liability Act.

8.2. Liability is - except in the case of wilful or grossly negligent behaviour or damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.

8.3. Any further liability of the seller is excluded.

8.4. The above liability provisions shall also apply mutatis mutandis in favour of the Seller's employees and vicarious agents.

9. Redemption of gift vouchers

9.1. Vouchers that have been purchased via the seller's online shop (‘gift vouchers’) can only be redeemed in the seller's online shop.

9.2. Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer's gift voucher account until the expiry date.

9.3. Gift vouchers can only be redeemed before completing the order process. Gift vouchers cannot be redeemed at a later date.

9.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.

9.5. Gift vouchers can only be redeemed for the purchase of goods. The purchase of additional gift vouchers cannot be paid for with a voucher.

9.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.7. Credit balances on gift vouchers are not paid out and do not bear interest.

9.8. The gift voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to third parties. The seller has the right, but not the obligation, to check the material eligibility of the respective gift voucher holder.

10. Redemption of promotional vouchers

10.1. Vouchers that the seller issues free of charge as part of (promotional) campaigns with a specific period of validity and that the customer cannot purchase (‘promotional vouchers’) can only be redeemed in the seller's online shop and only during the period specified by the seller.

10.2. Promotional vouchers can only be redeemed by consumers.

10.3. Individual products may be excluded from the voucher promotion.
The specific restrictions can be found on the promotional voucher.

10.4. Promotional vouchers can only be redeemed before completing the order process. Vouchers will not be offset retrospectively.

10.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.

10.6. The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.8. The credit balance of a promotional voucher is neither paid out nor interest-bearing.

10.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of cancellation.

10.10. The promotional voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to third parties. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.

11. Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.

The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

12. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's place of business.

13. Information on online dispute resolution

The EU Commission's online dispute resolution platform is available on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Billerbeck den 01.01.2022

Strumpf Dirks GmbH · Friethöfer Kamp 1 · 48727 Billerbeck – Germany

Local court Coesfeld HRB 11334 · Managing Director: Dietmar Dirks