Terms of service
General Terms and Conditions with Customer Information
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3 Purchase on Approval
4. Right of Withdrawal
5. Prices and Payment Terms
6. Delivery and Shipping Conditions
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Avantrado GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you"), conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions unless otherwise agreed with you.
1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly not attributable to your commercial or self-employed professional activity.
1.4 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part but serve to submit a binding offer by you.
2.2 You can submit the offer via the online order form integrated into our online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 We may accept your offer within five days by
- sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
- delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- requesting payment from you after you have placed your order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of your offer. If we do not accept your offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if you do not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a payment method offered by PayPal that can be selected in the online ordering process, we hereby declare acceptance of your offer at the time you click the button that concludes the ordering process.
2.5 When submitting an offer via our company's online order form, the contract text is stored by us after the contract has been concluded and sent to you in text form (e.g., e-mail, fax, or letter) after you have sent your order. We do not make the contract text accessible beyond this. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by providing the corresponding login data.
2.6 Before submitting the binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of your browser, with which the display on the screen is enlarged. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that the e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Purchase on Approval
3.1 If you select the option "Order for viewing" (purchase on approval), the contract is concluded on the condition that you expressly approve the ordered goods within a period of fourteen days (e.g., by letter sent by post, fax, or e-mail) or that you do not expressly reject the goods already delivered within a period of fourteen days (e.g., by letter sent by post, fax, or e-mail). The approval period begins on the day after you receive the goods.
3.2 During the approval period, you are entitled to examine the delivered goods regarding their condition, properties, and functionality and to keep them for these purposes. You must handle the goods carefully with regard to a possible obligation to return them. If you use the goods in a way that is not necessary to check their condition, properties, and functionality, you must pay compensation for any loss in value of the goods.
3.3 If you declare approval of the goods within the approval period or do not reject the goods within the approval period, you are obliged to pay us the agreed purchase price. In this case, you must transfer the agreed purchase price to our bank account without delay, but no later than within seven days, unless otherwise agreed. The payment period begins on the day after your approval declaration or – if no express approval is given – on the day after the approval period expires. Timely receipt of payment on our bank account is decisive for compliance with the deadline.
3.4 If you declare rejection of the goods within the approval period, you must return the goods to us at your own expense within seven days, unless otherwise agreed. The period for returning the goods begins on the day after your declaration of rejection. Timely dispatch of the goods by you is sufficient to meet the deadline. You must use suitable transport packaging to avoid transport damage.
3.5 If you culpably violate your duty of care and/or return obligation, you are obliged to compensate us for the resulting damage.
3.6 Your statutory right of withdrawal as a consumer is not affected by the above provisions.
4) Right of Withdrawal
4.1 Consumers generally have a right of withdrawal.
4.2 Further information on the right of withdrawal can be found in our cancellation policy.
5) Prices and Payment Terms
5.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
5.2 The payment option(s) will be communicated to you in our online shop.
5.3 If you select a payment method offered via the "PayPal" payment service, payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If we also offer payment methods via PayPal where we make advance payments to you (e.g., purchase on account or installment payment), we assign our payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. We reserve the right to refuse you the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, we remain responsible for general customer inquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and returns, or credit notes, even in the event of assignment of the claim.
5.4 If you select the "SOFORT" payment method, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", you must have an online banking account activated for participation in "SOFORT", authenticate yourself accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
5.5 If you select a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which you may be separately referred. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
5.6 If you select a payment method offered via the "Klarna" payment service, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be found here:
https://www.sprenger.de/policies/shipping-policy
6) Delivery and Shipping Conditions
6.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address specified by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction. If you select the PayPal payment method, the delivery address stored with PayPal at the time of payment is decisive.
6.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the outward shipment if you effectively exercise your right of withdrawal. For the return costs, the regulation made in our cancellation policy applies if you effectively exercise your right of withdrawal.
6.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you or a person authorized to receive the goods upon handover. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you as a consumer as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if you have commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.
6.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
6.5 Self-collection is not possible for logistical reasons.
6.6 Vouchers are provided to you as follows:
- by download
- by e-mail
7) Retention of Title
If we make advance payments, we retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise provided below, the provisions of statutory liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
8.1 If you act as an entrepreneur,
- we have the choice of the type of subsequent performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, defect claims are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
8.2 The above-mentioned limitations of liability and shortening of periods do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated there, the goods shall be deemed approved.
8.5 If you act as a consumer, you are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform us accordingly. Failure to do so has no effect on your statutory or contractual claims for defects.
9) Liability
The seller is liable to you for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
9.1 We are liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
9.2 If we negligently breach a material contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless we are liable without limitation in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
9.3 Otherwise, our liability is excluded.
9.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
10) Redemption of Promotional Vouchers
10.1 Vouchers that we issue free of charge as part of promotional campaigns with a certain validity period and that cannot be purchased by you (hereinafter "promotional vouchers") can only be redeemed in our online shop and only during the specified period.
10.2 Promotional vouchers can only be redeemed by you as a consumer.
10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.
10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.5 You can also redeem several promotional vouchers for one order.
10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by us.
10.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to pay the difference.
10.8 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.
10.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.
10.10 The promotional voucher is transferable. We can make payment with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the lack of authorization, the incapacity to contract, or the lack of power of representation of the respective holder.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining credit will be credited to you until the expiry date.
11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Several gift vouchers can also be redeemed for one order.
11.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to pay the difference.
11.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.
11.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, the incapacity to contract, or the lack of power of representation of the respective holder.
12) Applicable Law
All legal relationships between you and us shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law only applies to the extent that the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.
13) Place of Jurisdiction
If you act as 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 is our registered office. If you have your registered office outside the territory of the Federal Republic of Germany, our registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. In the above cases, however, we are also entitled in any case to bring an action before the court at your place of business.
14) Alternative Dispute Resolution
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but we are willing to do so.
