General Terms and Conditions with Customer Information 1. scope of application 2. conclusion of contract 3. prices and terms of payment 4. terms of delivery and dispatch 5. right of cancellation 6. reservation of title 7. liability for defects 8 Liability 9. redemption of gift vouchers 10 Applicable law 11. information on online dispute resolution 1 Scope of application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Dipl. Betriebswirt (FH) Einzelhandelskaufmann (IHK) Bernd Koschier", trading under "escooter.de" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller for the goods offered by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is rejected unless otherwise agreed. 1.2 These GTC apply accordingly to the purchase of vouchers, if and insofar as nothing to the contrary is expressly agreed. 1.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. 1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. 2 Conclusion of contract 2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller. 2.2 The customer first places the selected goods in the shopping basket. In the next step, the order process begins, in which all necessary data for order processing is entered. At the end of the order process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket. The customer can also submit this offer to the seller by fax, email, post or telephone. 2.3 The seller accepts the customer's offer by the following possible alternatives: - Sending a written order confirmation or an order confirmation in text form (fax or email) or - requesting payment from the customer after placing the order or - delivery of the ordered goods The time of acceptance shall be determined by the first alternative that occurs. The period for acceptance of the offer begins on the day after the offer is sent by the customer 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 constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent. 2.4 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract 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 by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided he has opened a customer account. 2.5 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer has buttons for corrections, which are labelled accordingly. 2.6 The contract language is German. 2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order and to set the filter functions so that emails relating to this order can be delivered. 3 Prices and terms of payment 3.1 The prices displayed are final prices, unless otherwise agreed. If the goods are subject to differential taxation in accordance with § 25a UStG, VAT will not be 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 have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions. The customer is advised to enquire about the details with the respective institutions or authorities before placing the order. 3.3 The customer can select the payment methods available in the online shop.3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed. 4 Delivery and dispatch conditions 4.1 Goods shall be delivered by dispatch to the delivery address specified by the customer. 4.2 Delivery by forwarding agent shall be "free kerbside", i.e. to the public kerbside nearest to the delivery address. This only applies if nothing to the contrary is stated in the seller's dispatch 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 an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of the return shipment if the customer has effectively exercised his right of cancellation. In this case, the statutory provision or the provision made by the seller shall apply. 4.4 If self-collection has been agreed, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office or an agreed location by arrangement with the seller. In this case, there are no shipping costs. 4.5 Vouchers are provided to the customer in the following form: by e-mail by download by post 5. right of cancellation 5.1 If the customer is a consumer, he is entitled to a right of cancellation. 5.2 The seller's cancellation policy applies to the right of cancellation. 6. reservation of title If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full. 7. liability for defects 7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed. - In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory regulation. The shortened one-year warranty period does not apply - for items that have been used for a building in accordance with their normal use and have caused its defectiveness, - for claims for damages and reimbursement of expenses by the customer - or in the event that the seller has fraudulently concealed the defect. Any obligation of the seller to provide updates for digital products when purchasing goods with digital elements is also not affected by this restriction. 7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects. 8 Liability The Seller's liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows: 8.1 The Seller shall only be liable without limitation for damages resulting from wilful or grossly negligent behaviour. In the event of injury to life, limb and health and the breach of material contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence. A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. As regulated above, the seller shall also be liable on the basis of a guarantee promise, unless otherwise regulated in this respect. This also applies to indirect consequential damages such as in particular loss of profit and for mandatory liability such as under the Product Liability Act. 8.2 Liability is - except in the case of wilful or grossly negligent behaviour or damage resulting from injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit. 8.3 Any further liability of the seller is excluded. 8.4 The above liability provisions shall also apply mutatis mutandis in favour of the Seller's employees and vicarious agents. 9. redemption of gift vouchers 9.1 Vouchers that have been purchased via the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop. 9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer's gift voucher account until the expiry date. 9.3 Gift vouchers can only be redeemed before the order process is completed. They cannot be redeemed at a later date. 9.4 Several gift vouchers can be redeemed within one order. 9.5 Gift vouchers can only be redeemed for the purchase of goods. The purchase of further gift vouchers cannot be paid for with a voucher. 9.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference. 9.7 Credit balances on gift vouchers are not paid out and do not bear interest. 9.8 The gift voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to a third party. The seller has the right, but not the obligation, to check the material eligibility of the respective gift voucher holder. 10 Applicable law The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected. 11. information on online dispute resolution The EU Commission's online dispute resolution platform is available on the Internet at the following link: https://ec.europa.eu/odr We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.