Terms of service

Scope
Conclusion of the contract
Right of withdrawal
Prices and terms of payment
Terms of delivery and shipping
Retention of title
Liability for defects (warranty)
Liability
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Code of conduct
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Copiaro Fulfillment - Hodlmayr GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

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

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.

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 their trade, business or self-employed profession.

2) Conclusion of the 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 as an invitation to the Customer to submit a binding offer.

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 for the goods contained in the shopping cart by clicking the button that completes 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), whereby receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
by requesting the Customer to make payment after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time at which one of the above alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer 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 shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed 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"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant 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 of better recognising input errors can be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for concluding the contract. The specific language selection is shown in the online shop.

2.8 Order processing generally takes place automatically by email. 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 this address.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further 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, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices shown are total prices including statutory VAT. 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 are to 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 relating to the transfer of money may also arise 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 payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment is processed via 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 in which the Seller provides advance performance to the Customer (e.g. purchase on account or payment in instalments), the Seller assigns its 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 carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and returns of withdrawal, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may use other payment services, to which special payment terms may apply and of which the Customer may be informed separately. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments.

4.7 If a payment method offered via the payment service "Stripe" is selected, payment is 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 are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, to which special payment terms may apply and of which the Customer may be informed separately. Further information on Stripe is available at https://stripe.com/ie.

4.8 If a payment method offered via the payment service "SumUp" is selected, payment is processed via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via SumUp are communicated to the Customer in the Seller's online shop. To process payments, SumUp may use other payment services, to which special payment terms may apply and of which the Customer may be informed separately. Further information on SumUp is available at https://www.sumup.com/en-ie/.

5) Terms of delivery and shipping

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 provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If 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 outbound shipping if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision in the Seller's cancellation policy applies to the return costs.

5.3 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 handed the item over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to the Customer upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has handed the item over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer resident in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery by its own suppliers. However, this only applies if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs are charged.

5.6 Vouchers are provided to the Customer as follows:

by email
by post

6) Retention of title

If the Seller makes an advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies 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;
for new goods, the limitation period for claims for defects is one year from delivery of the goods;
for used goods, claims for defects are excluded;
the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction in the following clause: the limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties in the contract and the Customer was specifically informed of the shortening of the limitation period before submitting their declaration of contract.

7.3 The limitations of liability and shortened periods set out above do not apply

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

7.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out there, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are asked to report delivered goods with obvious transport damage to the delivery agent and to inform the Seller accordingly. If the Customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is 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 is liable without limitation on any legal grounds

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

8.2 If the Customer acts as a consumer resident in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it is liable without limitation in accordance with the preceding clause. 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 fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which the Customer may regularly rely. Otherwise, the Seller's liability is excluded, unless it is liable without limitation in accordance with the preceding clause.

8.3 The above provisions on liability 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 promotional campaigns with a specific period of validity 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 Promotional Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the Promotional Voucher.

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

9.5 Only one Promotional Voucher can be redeemed per order.

9.6 If the Promotional Voucher refers to a specific value and not to a percentage discount, 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.

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 can be chosen to pay the difference.

9.8 The balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.9 The Promotional Voucher will not be refunded if the Customer returns goods paid for in full or in part with the Promotional Voucher as part of their statutory right of withdrawal.

9.10 The Promotional Voucher is transferable. The Seller may make performance with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity or lack of authority to represent.

10) Redemption of gift vouchers

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

10.2 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 chosen to pay the difference.

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

10.4 The gift voucher is transferable. The Seller may make performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity or lack of authority to represent.

11) Applicable law

11.1 The law of the Federal Republic of Germany applies 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 it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

13) Code of conduct

The Seller has submitted to the terms of participation of the eCommerce initiative "Fairness im Handel" (Fairness in Trade), which can be viewed at https://www.fairness-im-handel.de/teilnahmebedingungen/.