General Terms and Conditions with Customer Information (EW)
1. Scope
2. Conclusion of contract
3. Prices and Payment Conditions
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Liability
9. Redeeming gift vouchers
10. Applicable Law
11. Information on Online Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Dipl. Bernd Koschier, Business Economist (FH) and Retail Merchant (IHK), trading under "escooter.de" (hereinafter referred to as "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded unless otherwise agreed.
1.2 These Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or their independent professional activity.
1.4 An entrepreneur 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
2.1 The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming these order and contract data by clicking on the button that concludes the ordering process does the customer submit a binding offer to purchase the goods contained in the shopping cart.
The customer can also submit this offer to the seller by fax, email, mail, or telephone.
2.3 The Seller accepts the Customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment to the Customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs shall determine the time of acceptance.
The period for accepting the offer begins on the day after the Customer sends the offer and ends on 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 constitutes a rejection of the offer. The Customer is then no longer bound bound to his declaration of intent.
2.4 The contract text of each contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy, and the general terms and conditions are sent to the customer via email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided that they have opened a customer account.
2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. In addition, the customer has access to buttons for correction, where available, which are labeled accordingly.
2.6 The contract language is German.
2.7 It is the customer's responsibility to provide a correct email address for contact and order processing, as well as to set the filter functions so that emails concerning this order can be delivered.
3. Prices and Payment Terms
3.1 The prices displayed are final prices unless otherwise agreed.
If the goods are subject to differential taxation according to Section 25a of the German Value Added Tax Act (UStG), sales tax is not shown.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer to the relevant customs or tax authorities or credit institutions.
The customer is advised to inquire about the details with the relevant institutions or authorities before placing an order.
3.3 The customer can select the payment methods available in the online shop.
3.4 For advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
4. Delivery and Shipping Conditions
4.1 Delivery of goods by post takes place to the delivery address provided by the customer.
4.2 Delivery by freight forwarder is "free curbside," i.e., up to the nearest public curb to the delivery address. This only applies if nothing else is stated in the seller's shipping information and nothing else has been agreed.
4.3 If the Seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that make delivery impossible, these costs must be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service, unless the Seller had adequately notified the Customer of the service in advance. Excluded from this provision are the costs of delivery if the Customer has effectively exercised their right of withdrawal. In this case, the statutory provisions or the provisions made by the Seller apply.
4.4 If self-collection has been agreed, the customer will be informed by the seller that the goods ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters or an agreed location after consultation with the seller. In this case, no shipping costs will be incurred.