Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of title
7. Liability for defects (Warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer specifications
10. Special Terms and Conditions for Repair Services
11. Redemption of promotional vouchers
12. Redeeming gift vouchers
13. Applicable Law
14. Place of jurisdiction
15. Code of Conduct
16. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of iBizz GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding 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 General Terms and Conditions apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise stipulated. In this context, in addition to the delivery of the goods, the seller is responsible for providing digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.4 A consumer within the meaning of these General Terms and Conditions 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.

1.5 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of 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 rather serve to enable the customer to submit a binding offer.

2.2

2.3 The seller may accept the customer's offer within five days,

• by providing the customer with a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when 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 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 When selecting a payment method offered by PayPal, 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, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. Zahlt der Kunde mittels einer im Online-Bestellvorgang auswählbaren von PayPal angebotenen Zahlungsart, erklärt der Verkäufer schon jetzt die Annahme des Angebots des Kunden in dem Zeitpunkt, in dem der Kunde den Button anklickt, welcher den Bestellvorgang abschließt.

2.5 When selecting the "Amazon Payments" payment method, payment processing is handled by 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://pay.amazon.de/help/201751590If the customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that completes 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 completes the ordering process.

2.6 When ordering via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop prior to sending their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by providing the corresponding login details.

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 recognition of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct their entries using standard keyboard and mouse functions within the electronic ordering process until they click the button that completes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding 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 the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory value-added tax. Any additional delivery and shipping costs that may apply will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of funds 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 payment in advance via bank transfer is agreed, payment is due immediately upon 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 processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Insofar as the seller also offers payment methods via PayPal in which they make advance performance to the customer (e.g., purchase on account or installment payments), they assign their 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 check 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, they can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and submissions, or credit notes.

4.6 If the "Sofortüberweisung" (Instant Bank Transfer) payment method is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," the customer must have an online banking account activated for participation in "Sofortüberweisung," provide appropriate authentication during the payment process, and confirm the payment instruction. The payment transaction is carried out by Klarna immediately thereafter, and the customer's bank account is debited. The customer can find more detailed information about the "Sofortüberweisung" payment method on the internet at https://www.klarna.com/instant/ retrieve.

4.7 When selecting a payment method offered via the "Mollie" payment service, payment processing is carried out by 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 additional payment services, for which special payment terms may apply, and of which the customer may be notified separately. Further information on "Mollie" is available on the internet at https://www.mollie.com/de/ available.

4.8 When selecting a payment method offered via the "Klarna" payment service, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

https://www.uhren4you.de/Payment-methods

4.9

4.10 When selecting the "PayPal Direct Debit" payment method, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if they are responsible for this.

5) Delivery and Shipping Terms

5.1

5.2 For goods delivered by a freight forwarding agent, delivery is made "free curbside," meaning to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or 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 to the costs of outbound shipping if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set out in the seller's cancellation policy shall apply if the customer effectively exercises their right of withdrawal.

5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall, in principle, only pass to the customer upon delivery of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5

5.6

5.7 Vouchers are provided to the customer as follows:

• via download
• via email

6) Retention of Title

Tritt der Verkäufer in Vorleistung, behält er sich bis zur vollständigen Bezahlung des geschuldeten Kaufpreises das Eigentum an der gelieferten Ware vor.

7) Liability for Defects (Warranty)

Unless otherwise provided for in the following regulations, the statutory provisions regarding liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for warranty claims is one year from delivery of the goods;
• are the rights regarding defects excluded for used goods;
• the statute of limitations does not begin anew if a replacement delivery is provided within the scope of liability for defects.

7.2 The aforementioned limitations of liability and reductions of statutory periods shall not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a structure in accordance with their customary manner of use and have caused its defectiveness,
• regarding any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the customer is acting as a merchant within the meaning of § 1 HGB (German Commercial Code), 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 duties set forth therein, the goods shall be deemed approved.

7.5 If the customer is acting as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery agent and to notify the seller accordingly. Should the customer fail to do so, this shall have no effect on their statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including claims in tort, as follows:

8.1 The seller shall be liable without limitation on any legal grounds

• in cases of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb, or health,
• due to a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance with which the customer regularly relies.

8.3 Furthermore, any liability on the part of the seller is excluded.

8.4 The aforementioned liability regulations also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, the seller owes the processing of the goods according to specific customer specifications in addition to the delivery of the goods, the customer must provide the seller with all content required for processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary usage rights for this purpose. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they possess the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are violated, specifically copyrights, trademark rights, and personal rights.

9.2 The customer shall indemnify and hold the seller harmless from any third-party claims asserted against the seller in connection with an infringement of their rights resulting from the seller's contractual use of the customer's content. In this regard, the customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or regulatory prohibitions or is contrary to public policy. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

10) Special Terms and Conditions for Repair Services

If, according to the content of the contract, the seller is responsible for the repair of an item belonging to the customer, the following shall apply:

10.1 Repair services are provided at the seller's place of business.

10.2 The seller shall provide their services, at their discretion, either in person or through qualified personnel selected by them. In doing so, the seller may also utilize the services of third parties (subcontractors) acting on their behalf. Unless otherwise stated in the seller's service description, the customer has no claim to the selection of a specific person to perform the requested service.

10.3 The customer shall provide the seller with all information required for the repair of the item, provided that the procurement of such information does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the fault and inform them of all circumstances that may be the cause of the identified defect.

10.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at their own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer ship the item in suitable transport packaging to reduce the risk of damage in transit and to conceal the contents of the package. The seller will promptly inform the customer of any obvious transport damage so that the customer can assert any rights they may have against the carrier.

10.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon delivery of the item to a suitable transport person at the seller's place of business. At the customer's request, the seller will arrange transport insurance for the item.

10.6 The customer may also bring the item to be repaired to the seller's place of business and collect it from there themselves, provided this is specified in the seller's service description or if the parties have reached a corresponding agreement to this effect. In such cases, the aforementioned provisions regarding the bearing of costs and risks for the shipping and return shipping of the item shall apply accordingly.

10.7 The aforementioned provisions do not limit the customer's statutory warranty rights in the event of a purchase of goods from the seller.

10.8 The seller is liable for defects in the repair services provided in accordance with the statutory provisions on liability for defects.

11) Redemption of promotional vouchers

11.1

11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

11.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent credit or adjustment is not possible.

11.4 Only one promotional voucher can be redeemed per order.

11.5

11.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

11.7

11.8 The promotional voucher will not be refunded if the customer returns the goods, paid for in full or in part with the promotional voucher, within the scope of their statutory right of withdrawal.

11.9 The promotional voucher is transferable. The seller may discharge their obligation by providing performance to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of representative authority.

12) Redeeming Gift Vouchers

12.1

12.2

12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent credit or adjustment is not possible.

12.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

12.5 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 selected to settle the remaining balance.

12.6 The balance of a gift voucher will not be paid out in cash, nor will it accrue interest.

12.7 The gift voucher is intended solely for use by the person named on it. Transferring the gift voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the substantive eligibility of the respective voucher holder.

13) Applicable Law

13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

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

14) Place of jurisdiction

If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office within 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's registered office is located 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, provided that 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 event entitled to bring an action before the court at the customer's place of business.

15) Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria, which are available online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf are visible.

16) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.