Terms of Service

Terms and Conditions with customer information

1. Scope of validity
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and delivery conditions
6. Contract duration and termination of subscription contracts
7. Retention of title
8. Liability for defects
9. Liability
10. Redemption of gift vouchers
11. Redeeming of action vouchers
12. Applicable law
13. Jurisdiction
14. Information on Online Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of "DeCours International GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of Shop presents goods. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 For the purchase of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.

1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.

1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, in concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

1.5 The subject matter of the contract results from the respective product description of the seller. The subject of the contract may be both the purchase of goods by means of a one-off delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as the "subscription contract"). In the case of the subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.

2. Conclusion of contract

2.1 The product presentations contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.

2.3 The seller can accept the offer of the customer 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 at the customer is authoritative, or

- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or

- by asking the customer for payment after submitting his order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the payment method "PayPal Express" is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal Express" as the payment method in the online order process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. Deviating from clause 2.3, the seller hereby already declares acceptance of the offer of the customer at the time when the customer triggers the payment process by clicking on the button concluding the order process.

2.5 By selecting the payment method "Amazon Payments", payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https: / /payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. In this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.

2.6 When placing an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up by the customer via his password-protected user account with the corresponding login data.

2.7 Prior to the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the aid of which the display on the screen is enlarged. The customer can correct his input before binding submission of the order in the context of the electronic ordering process continuously using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered. 

3. Right of withdrawal

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of revocation results from the revocation instruction of the seller.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the 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 that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even 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 customer has various payment options available, which are specified in the online shop of the seller.

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

4.5 If the payment method SEPA direct debit is selected, the invoice amount is due for payment after the issuing of a SEPA direct debit mandate, but not before expiry of the deadline for the preliminary information. The collection of the direct debit takes place when the ordered goods leave the warehouse of the seller, but not before the deadline for the preliminary information. Pre-notification is any notification (for example, invoice, policy, contract) of the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this ,

4.6 If the payment method "PayPal" is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This sets u. a. that the customer opens or already has a PayPal account.

4.7 If the payment method Delivery on Invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the method of delivery on account and to reject this method of payment if the credit check is negative.

4.8 When selecting the payment method direct debit via Heidelpay, the invoice amount is due upon conclusion of the contract. The payment method direct debit via Heidelpay requires a successful credit check by Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Heidelpay") ahead. If the customer is allowed to pay by direct debit after checking the creditworthiness, payment will be processed in cooperation with Heidelpay, to whom the seller will transfer his payment claim. In such case, Heidelpay will be revocably authorized to collect the invoice amount from the customer's specified account. In the case of assignment, only Heidelpay can be made debt-discharging. The direct debit takes place when the ordered goods leave the warehouse of the seller. The seller remains responsible for general customer inquiries even when selecting the payment method direct debit via Heidelpay. to the goods, delivery time, dispatch, returns, complaints, revocation declarations and -zusendungen or credits.

The payment method direct debit via Heidelpay is excluded,

- if the order value falls below the amount of 25.00 Euro,

- if the delivery address provided by the customer is not the same as the billing address, especially if the delivery address is a packing station or a PO box, or

- if the customer has not reached the age of 18

The seller also reserves the right to offer the payment method direct debit via Heidelpay only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction.

4.9 If you select the payment method "PayPal Credit" (installment payment via PayPal), the seller assigns his payment claim to PayPal. Before accepting the seller's assignment, PayPal will conduct a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative examination result. If the payment method "PayPal Credit" is approved by PayPal, the customer has to pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the online shop of the seller. In this case, he can only pay to PayPal with a debt-discharging effect. However, the seller remains responsible for general customer inquiries, even in the case of assigning claims. For example, to the goods, delivery time, shipping, returns, complaints, revocation statements and shipments or credits.

4.10 If you select the payment method Purchase via Heidelpay, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price within 14 (fourteen) days from receipt of the invoice without deduction to Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Heidelpay"). The payment method Invoice Purchase requires a successful credit check by Heidelpay. If the customer is permitted to pay the invoice after the credit check has been carried out, payment will be processed in cooperation with Heidelpay, to whom the seller will transfer his claim for payment. In this case, the customer can only pay to Heidelpay with debt-discharging effect. The seller remains responsible for general customer inquiries even if the payment method Invoice Purchase via Heidelpay is selected. to the goods, delivery time, dispatch, returns, complaints, revocation declarations and -zusendungen or credits.

The payment method Purchase via Heidelpay is excluded,

- if the order value falls below the amount of 25.00 Euro,

- if the delivery address provided by the customer is not the same as the billing address, especially if the delivery address is a packing station or a PO box, or

- if the customer has not reached the age of 18

The seller also reserves the right to offer the payment method Invoice Purchase via Heidelpay only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction.

4.11 For subscription contracts, the purchase price for the durable goods to be delivered is due for payment in advance for the agreed delivery interval. The respective payment options for the subscription are communicated to the customer in the online shop of the seller. When selecting the SEPA direct debit payment method and issuing a corresponding SEPA direct debit mandate, amounts due will be withdrawn from the customer's bank account at the beginning of the new delivery interval. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this ,

5. Delivery and shipping conditions

5.1 The delivery of goods is made regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the purchase transaction of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment at PayPal shall prevail.

5.2 For subscription contracts, the customer must immediately notify the seller of any changes to the delivery address.

5.3 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.

5.4 If the customer acts 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 carrier, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold to consumers already on the customer as soon as the seller has delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the seller has not previously designated the person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a concrete hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 In the case of pickup, the seller informs the customer by e-mail that the goods ordered by him are ready for pickup. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.

5.7 Vouchers will be given to the customer as follows:

- by email

- by download - by post

6. Contract duration and contract termination for subscription contracts

6.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term shown in the respective product description in the seller's online shop. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and after expiry of the minimum term with a notice period of 14 days.

6.2 The right to terminate for cause remains unaffected.

6.3 Terminations must be made in writing or in text form (eg by e-mail).

7. Retention of title

7.1 With respect to consumers, the seller reserves the ownership of the delivered goods until full payment of the purchase price owed.

7.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.

7.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer in the amount of the respective invoice value (including sales tax) in advance from the seller. This assignment applies 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. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer complies with his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.

8. Liability for defects

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies

8.1 Does the customer act as an entrepreneur?

- the seller has the choice of the type of supplementary performance;

- the limitation period for defects for new goods is one year from the transfer of risk;

- In the case of used goods, the rights and claims for defects are excluded in principle;

- the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

8.2 If the customer acts as a consumer, the following applies to used goods with the limitation of the following: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

8.3 The limitation of liability and shortening of the limitation period regulated in the preceding paragraphs does not apply

- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,

- for damages and reimbursement claims of the customer, as well

- in the event that the seller has fraudulently concealed the defect.

8.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

8.5 Does the customer act as a merchant i.S.d. § 1 HGB, he meets the commercial investigation and reprimand according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

8.6 If the customer acts as a consumer, he / she is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

9. Liability

The seller shall be liable to the customer for all contractual, contractual and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows.

9.1 The seller is fully liable for any legal reason

- in case of intent or gross negligence,

- in case of negligent or intentional injury to life, body or health, - on the basis of a guarantee, unless otherwise stipulated in this regard,

- due to mandatory liability, such as under the Product Liability Act.

9.2 If the seller negligently breaches a material contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with section 8.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely.

9.3 Incidentally, a liability of the seller is excluded.

9.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

10. Redemption of gift vouchers

10.1 Vouchers that can be purchased through the online shop of the seller (hereinafter "gift vouchers"), can only be redeemed in the seller's online shop.

10.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer's voucher account until the expiration date.

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

10.4 Only one gift certificate can be redeemed per order.

10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

10.7 The credit of a Gift Certificate will not be paid in cash or interest.

10.8 The gift certificate is only intended for use by the person named on it. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

11. Redemption of action vouchers

11.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers") can only be redeemed in the vendor's online shop and for the specified period.

11.2 Action vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.

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

11.5 Only one action coupon can be redeemed per order.

11.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

11.7 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference

11.8 The balance of an action coupon is neither paid in cash nor interest.

11.9 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.

11.10 The Promotional Voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

12. Applicable law

12.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase 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 state in which the consumer has his habitual residence.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded.

13. Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is 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. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.

14. Information on Online Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link:

https://ec.europa.eu/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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