Terms and Conditions with customer information

1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Indemnification in the event of violation of third party rights
9. Redeeming promotional vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Information on online dispute resolution

1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Kontra GmbH” (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) has with the seller about the terms and conditions specified by the seller in his goods offered in the online shop. The inclusion of the customer’s own conditions is contradicted unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity.
1.3 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 the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that completes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
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
– Request for payment from the customer after placing the order
or
– Delivery of the ordered goods

The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the customer sends the offer 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 constitutes rejection of the offer. The customer is then no longer bound to his declaration of intent.

2.4 If the payment method “PayPal” or “Paypal Express” is selected, the payment is processed 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”). The Paypal user agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal. com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” to pay for his purchase or if the customer pays using one of the PayPal payment methods, he submits his offer by clicking on the button that completes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares, in deviation from the above regulations, acceptance of the customer’s offer at the time the payment order is issued.
2.5 If the payment method “Amazon Payments” is selected, the payment is processed by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: “Amazon”). The Amazon Payments Europe User Agreement applies, which is available at https://payments.amazon.de/help/201751590.
If the customer chooses the payment method “Amazon Payments” to pay for his purchase, he submits his offer by clicking on the button that completes the ordering process. If the customer simultaneously issues the payment order to Amazon by clicking on this button, the seller declares, in deviation from the above regulations, acceptance of the customer’s offer at the time the payment order is issued.
2.6 The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller’s internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account.

2.7 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the browser’s back button or the usual mouse and keyboard functions. In addition, if available, the customer has access to correction buttons that are labeled accordingly.

2.8 The contract language is German.
2.9 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
2.10 If the purchase contract concerns tobacco products, the customer must ensure that he or an authorized adult person is allowed to receive the goods. By submitting his order, the customer also declares that he has reached the legal minimum age required to sell tobacco products.

3. Prices and payment terms
3.1 The prices displayed are final prices unless otherwise agreed.
If the goods are subject to differential taxation in accordance with Section 25a UStG, the sales tax is not shown.

If additional shipping costs apply, this can be found in the product description.
3.2 The customer can select the payment methods that are available in the online shop.
3.3 If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.4 When paying via “PayPal”, the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Paypal’s terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 Paypal checkout

If you pay via PayPal Checkout, the payment is processed via PayPal payment service provider PayPal (Europe) S.à r.l.et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”), whereby PayPal also refers to this can serve services of third-party payment providers, which you can select, if offered.

If payment methods are also offered on this website for which the seller pays in advance (such as purchase on account or installment payment), the seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third-party provider first carries out a credit check before accepting the seller’s offer of assignment. The selected payment method can be refused if the credit check produces a negative result.

Once the chosen payment method has been approved, payment is only possible to PayPal or the respective payment service provider commissioned with a complicity-discharging effect.

3.6 When paying via “PayPal direct debit”, the claim is collected by PayPal from the customer’s bank account after the issuance of a SEPA direct debit mandate and after the deadline for advance information has expired on behalf of the seller. Advance information is the seller’s announcement to the customer that his account will be debited using SEPA direct debit and can, for example, take the form of an invoice or a contract. If the direct debit cannot be honored due to insufficient account funds or because incorrect bank details have been provided, or if the customer objects to the debit without being authorized to do so, the customer must bear the fees resulting from the chargeback from the respective credit institution if he is responsible for this. The remaining contractual relationship as well Rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.
3.7 When paying via “PayPal installment payment”, the customer concludes a partial payment contract with PayPal. If PayPal allows payment via “PayPal installment payment”, the customer must pay the invoice amount to PayPal under the conditions specified by PayPal, which are communicated to him in the PayPal payment portal
Paypal’s terms of use apply, which you can find here:[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url] The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
3.8 When paying on account via “PayPal invoice”, the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment deadline is specified.
Purchasing on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, so payments can only be made to PayPal with a debt-discharging effect.
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this method of payment.
Otherwise, the general terms and conditions of use for the use of PayPal’s purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.9 When paying via “SOFORT”, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”).
For this purpose, Paypal uses the service of SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”).

In order to be able to use this payment method, the customer needs an online banking account with a PIN/TAN procedure that has been activated for participation in “SOFORT”, with which he can authenticate himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. . The payment will be made by “SOFORT” immediately after the payment process has been completed and the customer’s bank account will be debited. Further information about the “SOFORT” payment method can be found on the Internet at https://www.klarna.com/sofort/.

4. Delivery and shipping conditions
4.1 Goods are delivered by shipping to the delivery address specified by the customer. Deviating from this, when paying via PayPal, the delivery address provided by the customer with PayPal at the time of payment is decisive.
4.2 If the seller incurs additional costs due to providing an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer 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 gave him appropriate prior notice of the service. Excluded from this regulation are the shipping costs if the customer has effectively exercised his right of cancellation. Here, the legal regulation or the regulation made by the seller remains.
4.3 If self-collection has been agreed, the customer will be informed by the seller that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller’s headquarters or at an agreed location after consultation with the seller. In this case there are no shipping costs.
4.4 Vouchers are provided to the customer in the following form:
*by email
*via download

*by post

5. Right of withdrawal
5.1 If the customer is a consumer, he or she generally has a right of withdrawal.
5.2 The seller’s cancellation policy applies to the right of cancellation.
5.3 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 do not have the right of withdrawal.

6. Retention 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 statutory liability for defects apply, unless otherwise agreed.
– For used goods, the warranty period is, contrary to the legal regulations, one year from delivery of the goods. The shortened one-year warranty period does not apply
– for items that were used for a building in accordance with their normal use and caused its defects,
– 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 asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Non-compliance has no impact on the customer’s legal or contractual claims for defects.

8. Indemnification in the event of violation of third party rights
If, in accordance with the contract, the seller owes the customer not only the delivery of the goods but also the processing of the goods according to the customer’s specific specifications, the customer must ensure that the content provided to the seller for this purpose does not violate the rights of third parties. The contracting parties agree that the customer releases the seller from third-party claims in this context, unless he is not responsible for the infringement. The exemption also includes the assumption of the reasonable costs of the necessary legal defense, including all court and legal fees, at the statutory rate. If a claim is made by third parties, the customer is obliged to immediately, completely and truthfully provide the seller with all information required to examine the claims and defend them.

9. Redeeming promotional vouchers
9.1 Vouchers that the seller gives out free of charge as part of (promotional) campaigns with a specific period of validity and which the customer cannot purchase (“promotional vouchers”) can only be redeemed in the seller’s online shop and only within the period specified by the seller.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher campaign.
The specific restrictions can be found in the promotional voucher if applicable.
9.4 Promotional vouchers can only be redeemed before completing the ordering process. There will be no subsequent billing.
9.5 Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.
9.6 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
9.8 The balance of a promotional voucher will neither be paid out nor interest.
9.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.

10. Applicable Law
10.1 The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
10.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they 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 is outside the European Union at the time the contract is concluded.

11. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s registered office.

12. Information on online dispute resolution
The EU Commission’s online dispute resolution platform can be accessed 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.