General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
1) Scope of Application
1.1These General Terms and Conditions (hereinafter "T&Cs") of ILH International GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "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 objected to, unless otherwise agreed.
1.2These T&Cs apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3A consumer, within the meaning of these T&Cs, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4An entrepreneur, within the meaning of these T&Cs, 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
2.1The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
2.2The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in 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 concludes the ordering process.
2.3The Seller can 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 e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4If a payment method offered by PayPal is selected, 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"), subject to the PayPal User Agreement, viewable at https://www.paypal.com
2.5When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up 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 free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7Only the German language is available for the conclusion of the contract.
2.8Order 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 at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1Consumers generally have a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3The right of withdrawal does not apply to consumers who are not citizens of a European Union member state at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
4) Prices and Payment Terms
4.1Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the Seller is not responsible and which 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 arise in connection with money transfers even 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.
4.3The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5If a payment method offered via the payment service "PayPal" is selected, payment processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where they make an advance payment to the Customer (e.g., purchase on account or installment payment), 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 assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and submissions, or credit notes.
4.6If a payment method offered via the payment service "mollie" is selected, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online shop. For payment processing, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "mollie" can be found online at https://www.mollie.com
4.7If a payment method offered via the payment service "Stripe" is selected, payment processing is handled 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 will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on Stripe can be found online at https://stripe.com
4.8If the invoice purchase payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in their payment information in the online shop.
4.9If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification of payment. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit even though they are not entitled to do so, the Customer shall bear the fees incurred by the return debit of the respective credit institution, if they are responsible for this.
4.10If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification of payment. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit even though they are not entitled to do so, the Customer shall bear the fees incurred by the return debit of the respective credit institution, if they are responsible for this. The Seller reserves the right to conduct a credit check when selecting the SEPA direct debit payment method and to refuse this payment method in the event of a negative credit check.
4.11If the direct debit via Stripe payment method is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects 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 pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit even though they are not entitled to do so, the Customer shall bear the fees incurred by the return debit of the respective credit institution, if they are responsible for this. The Seller reserves the right to conduct a credit check when selecting the SEPA direct debit payment method and to refuse this payment method in the event of a negative credit check.
4.12If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled 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.
5) Delivery and Shipping Conditions
5.1If the Seller offers shipping of 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 in the Seller's order processing is decisive for the transaction. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2If 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 the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For return costs, if the Customer effectively exercises their right of withdrawal, the provisions made in the Seller's cancellation policy apply.
5.3If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes 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 acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods already passes 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 has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller had not previously named this person or institution to the Customer.
5.4The 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 the Seller has concluded a specific hedging 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 the consideration will be refunded without delay.
5.5Self-collection is not possible for logistical reasons.
5.6Vouchers are provided to the Customer as follows:
- via download
- via email
6) Retention of Title
If the Seller makes an advance payment, they reserve ownership of the delivered goods until full payment of the owed purchase price.
7) Liability for Defects (Warranty)
7.1Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, for contracts for the delivery of goods:
7.2If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from the delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.3If the Customer acts as a consumer, for contracts for the delivery of used goods, with the restriction of the following paragraph: The limitation period for claims for defects is one year from the delivery of the goods, if this has been expressly and separately agreed upon contractually between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.4The aforementioned limitations of liability and reductions of deadlines do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.5Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.6If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.7 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects. However, it helps us to assert our own claims against the carrier or transport insurance.
7.8. Exclusion of liability for signs of wear: Used products naturally show signs of wear resulting from normal use. These include, but are not limited to, wear and tear on the leather, discoloration, scratches, cracks, stains, or other material fatigue. Such signs of aging do not constitute a defect and are excluded from liability. We point this out for each product in the item description.
7.9 Known defects: Defects that were expressly described before purchase, or that the customer inspected, are excluded from liability. The customer is obliged to carefully read the product and the product description. A deterioration of known defects after purchase does not give rise to warranty claims. Environmental influences: Damage caused by external influences such as heat, cold, moisture, dryness, or improper handling and care is also not covered by the warranty. The Customer agrees, insofar as their order relates to goods with existing defects or flaws, to acknowledge that these purchased items deviate from the objective requirements to the extent described in each case and agrees to these deviations in each case.
8) Redemption of Gift Vouchers
8.1Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
8.2Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the customer until the expiry date.
8.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4Only one gift voucher can be redeemed per order.
8.5Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
8.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.7The credit balance of a gift voucher will neither be paid out in cash nor accrue interest.
8.8The gift voucher is transferable. The Seller can make payment 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 respective holder's lack of authorization, incapacity to act, or lack of power of representation.
9) Applicable Law
9.1All legal relationships between the parties are 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 by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
9.2Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who are not citizens of a European Union member state at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
10) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of 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 has their seat 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 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 case entitled to appeal to the court at the Customer's seat.
