- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Governing Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Terra Connect GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
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 commercial or independent professional activity.
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 the purpose of submitting 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 regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, fax, e-mail, post, or via the online contact form.
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 the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby the 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 exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer 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 result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the 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 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 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 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 concludes the ordering process.
2.5 If the "Amazon Payments" payment method is selected, payment processing takes place via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously place a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller's online shop before sending their order, the order data will be 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 corresponding login data.
2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The German language is exclusively available for the conclusion of the contract.
2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided 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 to process the order can be delivered.
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 do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory VAT. Any additional delivery and shipping costs incurred 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 must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs regarding money transfers can 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 method(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the "PayPal" payment service, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which the Seller makes advance payments to the Customer (e.g., purchase on account or installment payment), it 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 selected payment method in the event of a negative 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, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credit notes.
4.6 When selecting the "SOFORT" payment method, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account that is enabled for participation in "SOFORT", must legitimize themselves accordingly during the payment process, and must 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 "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.
4.7 When selecting a payment method offered via the "mollie" payment service, payment is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the Customer in the Seller's online shop. To process payments, mollie may use other payment services, for which special payment terms may apply, of which the Customer will be informed separately if necessary. Further information on "mollie" is available online at https://www.mollie.com/de/.
5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipment of goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.
5.2 For goods delivered by a forwarding agent, delivery is "curbside," i.e., to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 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 with regard to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.
5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, 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 sold goods generally only passes to the Customer upon handover of the goods to the Customer or a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or any other person or institution designated to carry out the shipment, if the Customer has commissioned this person or institution with the execution and the Seller has not previously named this person or institution to the Customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event 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 If the Seller offers the goods for pickup, the Customer can pick up the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
5.7 Vouchers are provided to the Customer as follows:
- by e-mail
6) Retention of Title
If the Seller makes an advance payment, it retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.2 If the Customer acts as an entrepreneur, the Seller has the choice of the type of supplementary performance; for new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims due to defects are excluded; the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
7.3 The limitation of liability and shortening of periods regulated above do not apply to claims for damages and reimbursement of expenses by the Customer, in the event that the Seller has fraudulently concealed the defect, for goods which have been used for a building in accordance with their customary manner of use and which have caused its defectiveness, or 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 Furthermore, for entrepreneurs, it applies that the statutory limitation periods for any existing 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 regulated therein, the goods are deemed approved.
7.6 If the Customer acts as a consumer, they are asked 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 has no effect on their statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns 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.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the Promotional Voucher.
8.3 Promotional Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
8.4 Multiple Promotional Vouchers can be redeemed for one order.
8.5 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.
8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.7 The credit of a Promotional Voucher is neither paid out in cash nor does it bear interest.
8.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is intended solely for use by the person named on it. Transferring the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the substantive eligibility of the respective voucher holder.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless stated otherwise on the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Multiple gift vouchers can be redeemed for a single order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it accrue interest.
9.8 The gift voucher is intended solely for use by the person named on it. Transferring the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the substantive eligibility of the respective voucher holder.
10) Applicable Law
10.1 All legal relationships between the parties shall be governed by the laws 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 applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11) 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 their 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 aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
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 a dispute resolution procedure before a consumer arbitration board.