Terms of service
1) Scope
1.1These General Terms and Conditions (hereinafter "GTC") of sediment (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 objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. 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 commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit 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 shop. In doing so, after placing the selected goods in the virtual shopping cart and completing 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 concluding the order 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), 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 payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned 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 the payment method “PayPal Express” is selected, 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, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects “PayPal Express” as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button concluding the order process. In this case, the Seller hereby already declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button concluding the order process.
2.5When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order, together with these GTC. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting their order.
2.6 Before submitting a 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 recognizing input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the order process.
2.7The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct 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 for order processing can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and payment terms
4.1Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2For 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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money 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.
4.3The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.
4.5If a payment method offered via PayPal is selected, 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, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6If the payment method “SOFORT” is selected, payment processing is carried out via 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 activated for participation in “SOFORT” with PIN/TAN procedure, must authenticate themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately thereafter by “SOFORT” and the Customer’s bank account is debited. Further information on the payment method “SOFORT” can be found on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive for the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance.
5.3Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, they retain ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2The Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.
8) Applicable law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
9) Place of jurisdiction
If the Customer is 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 shall be the Seller’s place of business. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be 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 case entitled to bring proceedings before the court at the Customer’s place of business.
10) Alternative dispute resolution
10.1The European Commission provides a platform for online dispute resolution (ODR) at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Status: April 2022