Table of Contents
- Scope of Application
- Conclusion of Contract
- 3) Right of cancellation
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for Processing Goods According to Customer Specifications
- Redemption of Promotional Vouchers
- Redemption of Promotional Vouchers
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Platini Tchapmi Pousseu, trading under “ ” (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") 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 rejected, unless otherwise agreed.
1.2 1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
1.3 1.3 These GTC shall apply accordingly to contracts for the delivery of tickets, unless otherwise expressly stipulated. These GTC only govern the sale of tickets for specific events described in detail in the Seller's item description, not the conduct of the events themselves. The conduct of the events is governed solely by the legal relationship between the participant and the event organizer. If the Seller is not also the event organizer, he shall not be liable for the proper conduct of the event.
1.4 1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are outside his or her trade, business, or profession.
1.5 1.5 An entrepreneur within the meaning of these GTC is a natural or legal person, or a legal partnership, who acts in the exercise of their trade or self-employed professional activity when concluding a legal transaction.
Conclusion of Contract
2.1 2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve for the submission of a binding offer by the customer.
2.2 2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods into 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 finalizes the order process. The customer can also submit the offer to the seller by email, via an online contact form, or by telephone.
2.3 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), in which case receipt of the order confirmation by the customer is decisive;
- delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive; or
- Requesting payment from the customer after their order has been submitted.
If several of the above alternatives apply, the contract is concluded at the time one of the alternatives occurs first. The period for acceptance of the offer begins the day after the customer sends the offer and ends at the close 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 consequence that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be 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 ("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 selects a PayPal payment method during the ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button finalizing the order.
2.5 2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after conclusion of the contract and sent to the customer after their order has been submitted in text form (e.g., email, fax, or letter). No further provision of the contract text will be made by the seller. If the customer has set up 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 using the appropriate login credentials.
2.6 2.6 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until clicking the button finalizing the ordering process.
2.7 2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received. In particular, the customer must ensure that SPAM filters do not block emails sent by the seller or by third parties commissioned by the seller to process the order.
3) Right of cancellation
3.1 3.1 Consumers are generally entitled to a right of withdrawal.
3.2 3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3 3.3 Unless otherwise agreed, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the provision of services. Consequently, the right of withdrawal is excluded for contracts concerning the sale of tickets for scheduled leisure events.
Prices and Payment Terms
4.1 4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices that include the statutory value-added tax (VAT). Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 4.2 The payment methods available to the customer are communicated in the seller’s online shop.
4.3 4.3 If advance payment by bank transfer is agreed upon, payment is due immediately after conclusion of the contract unless a later due date has been agreed upon by the parties.
4.4 If a payment method offered via "Woocommerce Payments" is selected, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered through Woocommerce Payments are communicated to the customer in the seller’s online shop. Stripe may use other payment services for the processing of payments, for which special payment terms may apply, about which the customer will be informed separately if applicable. Further information about "Woocommerce Payments" can be found at https://www.woocommerce.com/legal/terms-payments-de.
Delivery and Shipping Conditions
5.1 5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during the seller’s order process is decisive for the transaction. In deviation from this, if the PayPal payment method is selected, the delivery address stored with PayPal at the time of payment is decisive.
5.2 5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions stated in the seller’s cancellation policy apply if the right of withdrawal is effectively exercised.
5.3 5.3 If the customer acts as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller hands over the goods 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 passes to the customer or an authorized recipient only upon handover. However, if the consumer has commissioned the carrier or another person not named by the seller to carry out the shipment, the risk passes to the customer when the seller delivers the goods to the carrier.
5.4 5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the seller is not responsible for the non-delivery and has, with due diligence, concluded a specific covering transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and any consideration already paid will be reimbursed promptly.
5.5 5.5 If the seller offers the goods for collection, the customer can collect the ordered goods during the seller's business hours at the address provided by the seller. In this case, no shipping costs will be charged
5.6 5.6 Vouchers will be provided to the customer as follows:
by postal mail
5.7 5.7 Tickets will be provided to the customer as follows:
by email
Retention of Title
If the seller makes an advance delivery, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, for contracts for the delivery of goods:
7.1 7.1 If the customer acts as a business entity:
- The seller has the choice of the type of subsequent performance (rectification or replacement);
- The limitation period for defects in new goods is one year from delivery of the goods;
- The rights and claims for defects in used goods are excluded;
- The limitation period does not start anew if a replacement delivery is made within the scope of defect liability.
7.2 7.2 The above-mentioned limitations of liability and shortening of time limits do not apply:
- For claims for damages and reimbursement of expenses by the customer,
- If the seller has fraudulently concealed the defect,
- For goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
- For any obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 7.3 Furthermore, for business entities, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
7.4 7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects according to § 377 HGB. If the customer fails to comply with the reporting obligations regulated therein, the goods are deemed to have been approved.
7.5 7.5 If the customer acts as a consumer, they are requested to report any obvious transport damages to the deliverer and inform the seller. Failure to do so has no effect on the customer's legal or contractual claims for defects.
Liability
The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:
8.1 8.1 The seller is liable without limitation:
- In the event of intent or gross negligence,
- In the event of intentional or negligent injury to life, body, or health,
- On the basis of a guarantee promise, if nothing else is stipulated,
- Due to mandatory liability such as under the Product Liability Act.
8.2 8.2 If the seller negligently breaches an essential contractual obligation, the liability is limited to the foreseeable, typically occurring damage, unless unlimited liability applies according to the above paragraph. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.
8.3 8.3 Otherwise, the seller’s liability is excluded.
8.4 8.4 The above liability provisions also apply concerning the liability of the seller’s vicarious agents and legal representatives.
Special Conditions for Processing Goods According to Customer Specifications
9.1 9.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all necessary content such as texts, images, or graphics in the formats, formatting, image and file sizes specified by the seller and grant them the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to these contents. The customer affirms that they have the right to use the contents provided to the seller. In particular, they must ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.
9.2 9.2 The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with the infringement of their rights by the contractual use of the customer's content. In this respect, the customer also assumes the necessary costs of legal defense, including all court and attorney's fees at statutory rates. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
9.3 9.3 The seller reserves the right to refuse processing orders if the contents provided by the customer violate legal or official prohibitions or offend common decency. This particularly applies to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or violence-glorifying content.
Redemption of Promotional Vouchers
10.1 10.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller’s online shop and only during the specified period.
10.2 10.2 Promotional vouchers can only be redeemed by consumers.
10.3 10.3 Certain products may be excluded from the voucher campaign if such a restriction results from the content of the promotional voucher.
10.4 10.4 Promotional vouchers must be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.5 10.5 Only one promotional voucher can be redeemed per order.
10.6 10.6 The value of the goods must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.7 10.7 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.
10.8 10.8 The balance of a promotional voucher will not be paid out in cash nor will it bear interest.
10.9 10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.10 10.10 The promotional voucher is transferable. The seller can make a performance with discharging effect to the respective holder redeeming 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, legal incapacity, or lack of authority to represent.
Redemption of Promotional Vouchers
11.1 11.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.
11.2 11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the customer until the expiry date.
11.3 11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
11.4 11.4 Only one gift voucher can be redeemed per order.
11.5 11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
11.6 11.6 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.
11.7 11.7 The balance of a gift voucher will not be paid out in cash nor will it bear interest.
11.8 11.8 The gift voucher is transferable. The seller can make a performance with discharging effect to the respective holder redeeming 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, legal incapacity, or lack of authority to represent.
Applicable Law
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. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
Code of Conduct
– Der Verkäufer hat sich den Richtlinien für „Google Kundenrezensionen“ unterworfen, die im Internet unter https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086 einsehbar sind.
Alternative Dispute Resolution
14.1 14.1 The EU Commission provides a platform for online dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.14.2 We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
