AGB
Terms and Conditions with Customer Information
Table of Contents
Scope
Conclusion of contract
Right of withdrawal
Prices and payment conditions
Delivery and shipping conditions
Retention of title
Warranty
Special conditions for the processing of goods according to customer specifications
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Leonidas Kompodietas, trading as "Leonidas Kompodietas" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or self-employed professional activity when concluding 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 to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After selecting the goods placed in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer by clicking the button that concludes the ordering process with regard to the goods contained in the shopping cart.
2.3 The Seller can accept the Customer's offer within five days by
- sending the Customer a written order confirmation or a confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives are available, the contract is concluded at the time when one of the above alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration 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 as a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with 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 – in accordance with the terms 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 using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and is sent to the customer in written form (e.g. email, fax, or letter) after the customer's order has been submitted. The seller does not provide any additional access to the contract text.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors may be the zoom function of the browser, which enlarges the display on the screen. The customer can correct their inputs within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and communication usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.
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 quoted are total prices including the statutory value-added tax. Any additional delivery and shipping costs will be separately stated in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If payment in advance by bank transfer is agreed upon, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.
4.4 When selecting a payment method offered via the payment service "PayPal," payment processing is carried out through PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal where they provide the service in advance to the customer (e.g. invoice purchase or installment payment), they assign their payment claim to PayPal or the payment service provider specifically named by PayPal and the customer before accepting the assignment declaration of the seller. Before accepting the assignment declaration, PayPal or the payment service provider appointed by PayPal will conduct a credit check using the customer's data provided. The seller reserves the right to refuse the selected payment method to the customer in case of a negative credit check result. If the selected payment method is approved, 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 make payment to PayPal or the payment service provider appointed by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the product, delivery time, shipment, returns, complaints, withdrawal declarations and mailings, or credits, even in the event of the assignment of claims.
4.5 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered through the payment service "Shopify Payments", the payment processing is carried out by 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 through Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use other payment services for processing payments, for which specific payment conditions may apply, and the customer will be notified accordingly. More information about "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-en.
4.7 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out by 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 conduct a credit check and reject this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, the delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the seller in the order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons that the customer is responsible for, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return costs, the regulation made in the seller's withdrawal policy applies if the customer effectively exercises their right of withdrawal.
5.3 If the customer is acting as a business, the risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. However, the risk of accidental loss and deterioration of the sold goods also passes to the customer, even in the case of consumers, as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment if the customer has instructed the carrier, the freight forwarder, or other person or institution 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 case of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's fault and if the seller has concluded a specific cover transaction with the supplier with due care. The seller will make every reasonable effort 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 immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he reserves the right to ownership of the delivered goods until the full payment of the purchase price owed.
7) Warranty
Unless otherwise specified in the following provisions, the statutory warranty regulations apply. In the case of contracts for the delivery of goods:
7.1 If the customer is acting as a business, the seller has the choice of the type of subsequent performance; for new goods, the warranty period for defects is one year from the delivery of the goods; rights and claims for defects are excluded for used goods; the limitation period does not start anew if a replacement delivery is made in the context of the warranty.
7.2 If the customer is a consumer, the limitation period for defect claims for the delivery of used goods is one year from the delivery of the goods, if this has been expressly and separately agreed between the parties and the customer has been specifically informed of the shortening of the limitation period before submitting his contractual declaration.
7.3 The liability limitations and limitation of liability do not apply for damages and reimbursement claims of the customer, in case the seller has fraudulently concealed the defect, for goods that have been used according to their usual purpose for a building and 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.
7.4 Additionally, for businesses, the statutory limitation periods for any existing statutory recourse remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of § 1 of the German Commercial Code, he is subject to the commercial duty to examine and give notice of defects according to § 377 of the German Commercial Code. If the customer fails to fulfill the notification obligations prescribed there, the goods are deemed approved.
7.6 If the customer is a consumer, he is requested to report goods delivered with obvious transport damage to the delivery company and notify the seller. Failure to do so will have no impact on his legal or contractual warranty claims.
8) Special conditions for the processing of goods according to the customer's specifications
8.1 If the seller, according to the contract, is also responsible for processing the goods according to specific customer specifications, the customer must provide the seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formats, image and file sizes specified by the seller and grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and accepts responsibility for ensuring that he has the right to use the contents provided to the seller. He must ensure in particular that no third party rights are infringed, especially copyright, trademark, and personality rights.
8.2 The customer indemnifies the seller against any claims by third parties that may arise in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees in statutory amounts. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for the examination of claims and defense in case of a claim by a third party.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or regulatory prohibitions or good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifies violence.
9) Redemption of promotional vouchers
9.1 Vouchers issued by the seller as part of promotional activities with a specific validity period and 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.
9.2 Individual products may be excluded from the voucher promotion if such a restriction is specified in the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must correspond at least to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a promotional voucher will not be paid out in cash or earn interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for with the promotional voucher in whole or in part within the scope of their legal right of withdrawal.
9.9 The promotional voucher is intended for use by the person named on it. The 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 through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop unless the voucher specifies otherwise.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. A 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 additional gift vouchers.
10.6 If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a gift certificate will not be paid out in cash or earn interest.
10.8 The gift certificate is transferable. The seller can make a payment to the respective holder who redeems the gift certificate in the seller's online shop with discharging effect. This does not apply if the seller has knowledge or gross negligence of the non-authorization, incapacity to contract, or lack of power of representation of the respective holder.
11) Applicable law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. This choice of law only applies to consumers to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
12) Alternative dispute resolution
12.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration