Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Reservation of Ownership
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Ingo Gerdes, trading as "Ingo Gerdes - memodec" (hereinafter "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “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 conditions is hereby objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business or profession.

1.3 An entrepreneur is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their trade, business or profession.

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 can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 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), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, insofar as the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer's order has been placed.

If several of the aforementioned alternatives are available, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins 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 is considered a rejection of the offer, with the result that 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 (hereinafter: “PayPal”), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that allows the Seller to invoice the Customer (e.g., invoice purchase or installment payment), the Seller hereby declares the acceptance of the Customer's offer at the moment the Customer completes the ordering process by clicking the button.

2.5 Upon submitting an offer via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the appropriate login data.

2.6 Before submitting the binding 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 recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries via the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The languages available for concluding the contract are indicated in the Seller's online shop.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. Particularly 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 are generally entitled to a right of withdrawal.

3.2 More detailed information about the right of withdrawal can be found in the Seller's withdrawal instructions.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified 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 money transfer 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 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 options will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, the payment processing is carried out via PayPal, whereby PayPal may use the services of third-party payment service providers. If the Seller offers payment methods via PayPal where he acts in advance (e.g., invoice purchase or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in case of a negative check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only discharge their debt by making payment to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipment, returns, complaints, revocation declarations and shipments, or credits.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via 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 the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, about which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the transaction process, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address provided by the Customer at the time of payment with PayPal is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer must bear the reasonable costs incurred by the Seller. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. For the costs of return in the event of effective exercise of the right of withdrawal by the Customer, the regulation made in the Seller's withdrawal instructions applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the forwarder, the carrier, or the person or establishment otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person entitled to receive the goods upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods, even with consumers, already passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or establishment otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier, or the otherwise designated person or establishment to carry out the shipment and the Seller has not previously named this person or establishment to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the case of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the Seller's fault and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the payment will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Reservation of Ownership

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

7) Liability for Defects (Warranty)

Unless otherwise arising from the following provisions, the statutory liability for defects applies. This deviates for contracts for the delivery of goods as follows:

7.1 If the Customer acts as an entrepreneur,

• 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;
• rights and claims due to defects for used goods are excluded;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned liability limitations and reduction in time do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has 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 of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any legal recourse claims that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial inspection and notification obligation applies according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller. If the Customer fails to comply, this has no effect on their statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the Customer (hereinafter "promotional vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided a corresponding restriction results from the content of the promotional voucher.

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

8.4 When placing an order, several promotional vouchers can also be redeemed.

8.5 The value of the goods must at least correspond to the amount of the promotional voucher. The Seller will not refund any remaining credit.

8.6 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 selected to settle the difference.

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

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The Seller may perform with discharging effect to the respective owner who redeems 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 representation authority of the respective owner.

9) Applicable Law

The law 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 only applies insofar as the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10) Alternative Dispute Resolution

10.1 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 resolution of disputes arising from online purchase or service contracts involving a consumer.

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