GTC

General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right to cancel
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Redemption of promotional vouchers
10. Gift certificate redemption
11. Applicable law
12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Kornelia Emese Talpai, trading as “TIPI BEACH” (hereinafter “Seller”), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

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

1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online store 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 store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.

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), in which case the receipt of the order confirmation by the customer shall be decisive, or
• by delivering the ordered goods to the customer, in which case 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 exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the sending of the offer by the customer and ends with 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 shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment shall be processed 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.

2.6 Before bindingly placing 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 recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. Seine Eingaben kann der Kunde im Rahmen des elektronischen Bestellprozesses so lange über die üblichen Tastatur- und Mausfunktionen korrigieren, bis er den den Bestellvorgang abschließenden Button anklickt.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate so that 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 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 on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 store.

4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service “Stripe” is selected, the payment will be processed 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 Stripe will be communicated to the Customer in the Seller’s online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/de available.

4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.

5) Delivery and shipping conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

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 shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instructions shall 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 sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle only pass upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, 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 goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. Seller shall use all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers shall be provided to the Customer as follows:

• per download
• by e-mail
• postal

6) Retention of title

6.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, it shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign all claims against third parties arising therefrom to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. This shall not affect the Seller’s right to collect the receivables itself. However, the Seller shall not collect the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from delivery of the goods;
• the rights and claims due to defects are excluded for used goods;
• the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of time periods shall not apply to

• for claims for damages and reimbursement of expenses of the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.5 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason whatsoever

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a warranty promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which 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 the observance of which the customer may regularly rely.

8.3 Otherwise, any liability of the Seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.

9.2 Promotion vouchers can only be redeemed by consumers.

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

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

9.5 Only one promotional voucher can be redeemed per order.

9.6 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 the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.8 The credit balance of a promotional voucher shall neither be paid out in cash nor shall it bear interest.

9.9 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.

9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Voucher Holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the Seller’s online store (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Voucher.

10.2 Gift certificates and remaining balances of gift certificates are redeemable until the end of the third year after the year of the purchase of the gift certificate. Remaining credits will be credited to the customer until the expiration date.

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

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

10.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.

11) Applicable law

11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of 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 country in which the consumer has his habitual residence.

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

12) Alternative dispute resolution

12.1 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 purchase or service contracts involving a consumer.

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