Terms of service

This English translation is provided for convenience only.
In case of any discrepancies or misunderstandings, the legally binding version is the original German version.

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Leander Abend, operating under the trade name “Leander Abend” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller via the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, e-mail or postal mail.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or

• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

• by requesting payment from the Customer after the Customer has placed the order.

If more than one of the aforementioned alternatives apply, the contract shall be concluded at the time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g. e-mail or fax) along with the present GTC after submission of their order. In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer via their password-protected customer account, provided the Customer has created a customer account in the Seller’s online shop prior to submitting their order.

2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries in the context of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 The contract is concluded in German.

2.7 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. As a small business pursuant to Section 19 (1) of the German Value Added Tax Act (UStG), the Seller does not charge VAT and therefore does not show it on invoices. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers if the delivery does not take place to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment options will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.

4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, whereby PayPal may also use services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal that involve payments to third parties (e.g. PayPal Plus or PayPal Checkout), this is indicated separately. The terms of use of PayPal apply, which are available at https://www.paypal.com.

5) Delivery and Shipping Terms

5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstances that led to the failed delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service within a reasonable period in advance. Furthermore, this does not apply with regard to the shipping costs if the Customer effectively exercises their right of withdrawal. If the Customer exercises the right of withdrawal effectively, the provision made in the Seller’s withdrawal policy shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title

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

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 The Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this shall have no effect on their statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Specific Customer Requirements

8.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to specific instructions from the Customer, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the Seller and grant the Seller the necessary rights of use. The Customer alone is responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility that they hold the right to use the content provided to the Seller. In particular, they shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.

8.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights due to the contractual use of the Customer's content by the Seller. The Customer shall also bear the reasonable costs of necessary legal defense, including all court and lawyer fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller promptly, truthfully, and completely with all information necessary for the examination of the claims and a defense.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

9) Redeeming Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods fully or partially paid for with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller may make a discharging payment to the respective holder redeeming the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization to represent the respective holder.

10) Governing Law

10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who do not belong to a Member State of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

11) 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 jurisdiction for all disputes arising from this contract shall be the Seller's place of business. 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 the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is also entitled to bring an action at the Customer's place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.