GTC

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Defect Liability (Warranty)
Liability
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Gema Cebrian, apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 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 commercial or self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is any natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity when entering into a legal transaction.

2) Conclusion of Contract

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

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart, proceeding through the electronic ordering process, and clicking the button that concludes the order process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart.

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 email), in which case the receipt of the confirmation by the Customer is decisive; or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive; or
  • requesting payment from the Customer after placing the order.

If several of the above alternatives occur, the contract is concluded at the moment one of these alternatives first occurs. The acceptance period begins the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the offer within this period, the offer is deemed to be rejected, and the Customer is no longer bound by their declaration of intent.

2.4 When selecting 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 (“PayPal”), under the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method available during checkout, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the Seller stores the contract text after conclusion of the contract and sends it to the Customer in text form (e.g., email, fax, or letter) after the order has been submitted. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account before submitting the order, the order data is archived on the Seller’s website and can be accessed free of charge via the Customer’s password-protected user account.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A helpful technical tool can be the browser’s zoom function. The Customer can correct entries using standard keyboard and mouse functions until clicking the button that concludes the order process.

2.7 Different languages are available for concluding the contract. The specific available languages are displayed in the online shop.

2.8 Order processing and communication usually occur by email and automated order processing. The Customer must ensure that the email address provided is correct and can receive messages from the Seller. The Customer must also ensure that SPAM filters do not block emails sent by the Seller or third parties engaged for order processing.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. No VAT is charged because the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs are stated separately in the product description.

4.2 Available payment methods are communicated in the Seller’s online shop.

4.3 If advance payment by bank transfer is agreed upon, payment is due immediately after contract conclusion unless otherwise agreed.

4.4 If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The payment methods offered by Stripe are shown in the Seller’s online shop. Stripe may engage additional payment services for processing, for which special conditions may apply. These will be communicated to the Customer if applicable. More information on Stripe can be found at https://stripe.com/de.

4.5 When selecting “credit card via Stripe,” the invoice amount is due immediately upon contract conclusion. Stripe reserves the right to conduct a credit check and may reject this payment method in case of negative results.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery occurs within the delivery area indicated by the Seller, to the shipping address provided by the Customer, unless otherwise agreed. The delivery address entered during checkout is authoritative. When paying with PayPal, the delivery address stored in the Customer’s PayPal account at the time of payment is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer must bear the reasonable costs incurred. This does not apply to the original shipping costs if the Customer effectively exercises the right of withdrawal. The rules stated in the Seller’s withdrawal policy apply to return shipping costs.

5.3 If the Customer is an entrepreneur, the risk of accidental loss or damage passes to the Customer once the Seller hands the goods over to the carrier. If the Customer is a consumer, the risk passes only upon delivery to the Customer or an authorized recipient. However, if the Customer commissions the carrier independently (and the Seller did not name this carrier), the risk passes already upon handover to the carrier.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible for the non-delivery and has concluded a concrete supply agreement with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability, the Customer will be informed immediately and any payments refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided as follows:

  • via download.

6) Retention of Title

If the Seller provides goods in advance, ownership remains with the Seller until full payment of the purchase price has been received.

7) Defect Liability (Warranty)

Unless otherwise specified, statutory defect liability applies. For contracts regarding the delivery of goods, the following applies:

7.1 If the Customer is an entrepreneur:

  • the Seller may choose the type of subsequent performance;
  • the limitation period for defect claims for new goods is one year from delivery;
  • defect claims for used goods are excluded;
  • the limitation period does not restart if replacement delivery occurs.

7.2 The above limitations do not apply:

  • to claims for damages or reimbursement of expenses;
  • if the Seller fraudulently concealed a defect;
  • to goods used for construction purposes that caused a building defect;
  • to the Seller’s obligation to provide updates for digital elements in goods with digital components.

7.3 For entrepreneurs, statutory recourse claims remain unaffected.

7.4 If the Customer is a merchant under § 1 HGB, the inspection and notification obligations of § 377 HGB apply. Failure to comply results in deemed acceptance of the goods.

7.5 If the Customer is a consumer, they are requested to report obvious transport damage to the carrier and inform the Seller. Failure to do so does not affect statutory or contractual warranty rights.

8) Liability

The Seller is liable to the Customer under contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation:

  • in cases of intent or gross negligence;
  • for injury to life, body, or health caused intentionally or negligently;
  • under a guarantee, unless otherwise regulated;
  • under mandatory laws such as the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable, typical damages, unless unlimited liability applies as stated above. Material contractual obligations are duties essential to achieving the purpose of the contract and upon which the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 These liability rules also apply to the Seller’s agents and legal representatives.

9) Redemption of Gift Vouchers

9.1 Gift vouchers purchased through the Seller’s online shop may be redeemed only there, unless stated otherwise.

9.2 Gift vouchers and remaining balances are redeemable until the end of the third year after the year of purchase. Remaining balances are credited until the expiry date.

9.3 Gift vouchers may only be redeemed before completing the order process; subsequent redemption is not possible.

9.4 Multiple gift vouchers may be redeemed for one order.

9.5 Gift vouchers may only be used for purchasing goods, not for purchasing further vouchers.

9.6 If the voucher value does not cover the order amount, the remaining balance may be paid using another payment method offered by the Seller.

9.7 Voucher balances are neither paid out in cash nor interest-bearing.

9.8 The voucher is transferable. The Seller may render performance with discharging effect to the holder redeeming the voucher, unless the Seller has knowledge or grossly negligent ignorance of the holder’s lack of authorization.

10) Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as no mandatory consumer protection provisions of the country of habitual residence are infringed.

11) Alternative Dispute Resolution

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