General terms and conditions of business


General Terms and Conditions with Customer Information ———————————————————-

Table of Contents —————— 1. Scope 2. Conclusion of contract 3. Right of withdrawal 4. Prices and payment conditions 5. Delivery and shipping conditions 6. Retention of title 7. Liability for defects (warranty) 8. Liability 9. Redemption of gift vouchers 10. Applicable law 11. Alternative dispute resolution

1) Scope 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Michael Wiese, trading under "Full-Circle" (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 with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed. 1.2 These GTC apply accordingly to contracts for the delivery of goods presented in the Seller's print catalog, unless expressly provided otherwise. 1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly provided otherwise. 1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract 2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer. 2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. 2.3 When ordering goods shown in the seller's print catalog, the customer can submit his offer to the seller by telephone, fax, email or post. To do so, the customer can fill out the order form included in the seller's print catalog and send it back to the seller. 2.4 The seller can 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), 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 placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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 is deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent. 2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data. 2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 2.7 German and English are available for the conclusion of the contract. 2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms 4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description. 4.2 For 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 the transfer of money 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 the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. 4.3 The payment option(s) 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 on a later due date. 4.5 If the payment method “PayPal direct debit” is selected, PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance information period. Advance information (“pre-notification”) is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this. 4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the provider assigns its payment claim. secupay AG will deduct the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even if the payment method selected is credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and re-sending or credit notes.

5) Delivery and shipping conditions 5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. 5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs. 5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to the customer when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer. 5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the goods not being available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately. 5.5 In the case of self-collection, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged. 5.6 Vouchers are given to the customer as follows: - by email - by post

6) Retention of title 6.1 With regard to consumers, the seller reserves title to the goods delivered until the purchase price owed has been paid in full. 6.2 With regard to entrepreneurs, the seller reserves title to the goods delivered until all claims from an ongoing business relationship have been settled in full. 6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty) If the purchased item is defective, the provisions of statutory liability for defects apply. The following applies in deviation from this: 7.1 If the customer is a businessperson, – the seller has the choice of the type of subsequent performance; – for new goods, the limitation period for defects is one year from delivery of the goods; – for used goods, rights and claims due to defects are generally excluded; – the limitation period does not begin again if a replacement is delivered within the scope of liability for defects. 7.2 If the customer is a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period. 7.3 The liability limitations and deadline reductions regulated in the above paragraphs do not apply - to items that have been used for a building in accordance with their usual use and have caused its defects, - to the customer's claims for damages and reimbursement of expenses, and - in the event that the seller has fraudulently concealed the defect. 7.4 In addition, for entrepreneurs, the statutory limitation periods for the recourse claim under Section 445b of the German Civil Code remain unaffected. 7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved. 7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.

8) Liability The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: 8.1 The seller is 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, - due to a guarantee promise, unless otherwise regulated in this regard, - due to mandatory liability such as under the Product Liability Act. 8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order 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 the customer can regularly rely. 8.3 Otherwise, the seller's liability is excluded. 8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of gift vouchers 9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher. 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. Remaining credit will be credited to the customer until the expiry date. 9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 9.4 Only one gift voucher can be redeemed per order. 9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers. 9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. 9.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest. 9.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

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

11) Alternative dispute resolution 11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. 11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

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