Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  • Scope
  • Conclusion of Contract
  • Right of Withdrawal
  • Prices and Payment Conditions
  • Delivery and Shipping Conditions
  • Retention of Title
  • Liability for Defects (Warranty)
  • Liability
  • Redemption of Promotional Vouchers
  • Redemption of Gift Vouchers
  • Applicable Law
  • Jurisdiction
  • Code of Conduct
  • Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Patrick Klimek e.U. (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer's own terms and conditions 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 in the context of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.4 An entrepreneur in the context of these GTC is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed 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 are intended for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with respect to the goods in the shopping cart by clicking the button concluding the order process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, via the online contact form, or by telephone.

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 email), 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 they have placed their order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within this period, it is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is handled 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"), under 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, under the Terms for Payments without a PayPal account, available 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 during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not provide any additional access to the contract text. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer through their password-protected user account by entering the appropriate login details, free of charge.

2.6 Before submitting a binding 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 tool for better recognition of input errors may be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries using the standard keyboard and mouse functions within the electronic ordering process until they click the button concluding the order process.

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

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address they have provided for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all emails sent by the Seller or by third parties engaged by the Seller for order processing can be delivered.

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, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices listed are total prices, including statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that 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 may also apply to money transfers if the delivery is not 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) available to the Customer are communicated in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If the Customer selects a payment method offered through the "PayPal" payment service, payment processing is handled by PayPal, which may also use the services of third-party payment service providers. If the Seller offers payment methods through PayPal where the Seller provides advance services (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider designated 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 conducts a credit check using the Customer's transmitted data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in agreed installments. In this case, the Customer can only pay with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, cancellation declarations and submissions, or credits.

4.6 If the Customer selects "SOFORT" as the payment method, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account enabled for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is carried out immediately after that 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 If the Customer selects a payment method offered through "Shopify Payments," payment processing is conducted by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use additional payment services for processing payments, which may be subject to specific payment conditions and about which the Customer may be separately informed. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.

4.8 If the Customer selects a payment method offered through the payment service "mollie," 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. Mollie may use additional payment services for processing payments, which may be subject to specific payment conditions and about which the Customer may be separately informed. Further information on "mollie" is available at https://www.mollie.com/de/.

4.9 If the Customer selects a payment method offered via "Stripe," payment processing is conducted by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. Stripe may use additional payment services for processing payments, which may be subject to specific payment conditions and about which the Customer may be separately informed. Further information on Stripe is available at https://stripe.com/de.

4.10 If the Customer selects the payment method "purchase on account," the purchase price is due after the goods are delivered and invoiced. In this case, the purchase price is payable within 30 days from the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method "purchase on account" requires a successful credit check by Klarna AB. If Klarna AB grants the payment method "purchase on account" to the Customer, payment is processed in collaboration with Klarna AB, to whom the Seller assigns its payment claim. In this case, the Customer can only pay to Klarna AB with debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB, accessible during the order process, apply. The Seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of any payment restrictions in the payment information in the online shop.

4.11 If the Customer selects the payment method "PayPal purchase on account," the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the "PayPal purchase on account" payment method in the event of a negative credit check. If PayPal approves the payment method "PayPal purchase on account," the Customer must pay the invoice amount within 30 days of receiving the goods to PayPal, unless PayPal specifies a different payment term. The Customer can only pay to PayPal with debt-discharging effect in this case. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, cancellation declarations and submissions, or credits. Additionally, the general terms of use for PayPal's purchase on account are available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.12 If the Customer selects the "credit card" payment method, the invoice amount is due immediately upon the conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the claim in its name. PAYONE GmbH debits the invoice amount from the Customer's specified credit card account. The credit card is charged immediately after the Customer submits the order in the online shop. The Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, cancellation declarations and submissions, or credits, even if the payment method is processed via PAYONE GmbH.

4.13 If the Customer selects the credit card payment method via secupay AG, the invoice amount is due immediately upon contract conclusion. Payment is processed via secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the Seller assigns its payment claim. Secupay AG debits the invoice amount from the Customer's specified credit card account. Only payment to secupay AG results in debt-discharging effect. The credit card is charged immediately after the Customer submits the order in the online shop. The Seller remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellation declarations and submissions, or credits, even if the payment method is processed via secupay AG.

4.14 If the Customer selects the "credit card via Stripe" payment method, the invoice amount is due immediately upon contract conclusion. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check.

4.15 If the Customer selects a payment method offered by "Klarna," payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the conditions for Klarna can be found here: https://iflight-rc.eu/pages/payment-options.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery will occur within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for handling the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions in the Seller's cancellation policy apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods transfers to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or 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 transfers to the Customer only upon handover of the goods to the Customer or an authorized recipient. However, if the Customer has commissioned the carrier, freight forwarder, or other designated person or institution with executing the shipment without prior designation by the Seller, the risk of accidental loss and accidental deterioration of the sold goods transfers to the Customer upon handover to the carrier, freight forwarder, or designated person or institution.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and if the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any payment will be promptly refunded.

5.5 If the Seller offers the option for pickup, the Customer can collect the ordered goods during the business hours specified by the Seller at the address provided by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller provides advance performance, ownership of the delivered goods remains with the Seller until the owed purchase price has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur:

  • the Seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for defect claims 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 under defect liability.

7.2 The aforementioned liability limitations and reductions in periods do not apply:

  • to claims for damages and reimbursement of expenses by the Customer,
  • in cases where the Seller has fraudulently concealed the defect,
  • for goods that, due to their usual intended purpose, were used for a building and caused its defectiveness,
  • for any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

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

7.4 If the Customer is a consumer, they are requested to report goods delivered with obvious transport damage to the delivery service and inform the Seller of this. Failure to comply with this request does not affect the Customer’s statutory or contractual defect claims in any way.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable, on any legal grounds:

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise regulated,
  • based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a significant contractual obligation, liability is limited to foreseeable damages typical of the contract, unless there is unlimited liability under the above provision. Significant contractual obligations are those that the contract imposes on the Seller according to its content to achieve the contract’s purpose, whose fulfillment makes the proper execution of the contract possible in the first place, and compliance with which the Customer regularly relies upon.

8.3 Beyond this, the Seller’s liability is excluded.

8.4 The above liability provisions also apply concerning the Seller’s liability for its agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") may only be redeemed in the Seller's online shop and only within the specified period.

9.2 Certain products may be excluded from the voucher promotion, provided a corresponding restriction is stated in the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be reimbursed by the Seller.

9.6 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 pay the difference.

9.7 The balance of a Promotional Voucher will neither be paid out in cash nor earn interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for, in whole or in part, with the Promotional Voucher as part of their statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller can provide performance with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder's lack of authorization, lack of legal capacity, or lack of authority to represent.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "Gift Vouchers") may only be redeemed in the Seller's online shop, unless otherwise specified on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining balances are credited to the Customer until the expiration date.

10.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one Gift Voucher can be redeemed per order.

10.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.6 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 selected to pay the difference.

10.7 The balance of a Gift Voucher will neither be paid out in cash nor earn interest.

10.8 The Gift Voucher is transferable. The Seller can provide performance with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder's lack of authorization, lack of legal capacity, or lack of authority to represent.

11) Applicable Law

All legal relationships between the parties are governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country where the consumer has their habitual residence.

12) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with a seat within the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer's seat is outside the territory of the Republic of Austria, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is entitled, in any event, to bring an action at the Customer's place of business.

13) Code of Conduct

14) Alternative Dispute Resolution

14.1 The EU Commission provides an online platform for dispute resolution, accessible at: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

14.2 The Seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.