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)
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Pornsak Likitmanut (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and 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 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
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 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.
2.3 The 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 email), 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 result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the 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 Terms of Use, viewable at https://www.paypal.com
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 transmitted to the Customer in text form (e.g. email, fax or letter) after sending their order. The Seller does not make the contract text accessible beyond this. If the Customer has created 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 free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before 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 recognition of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. 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.
2.7 The German language is available for the conclusion of the contract.
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 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 to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who are not citizens of a member state of the European Union 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 Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise 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 money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer 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 option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the 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 Shopify Payments 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, about which the Customer may be informed separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com
5) Delivery and Shipping Conditions
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 in the Seller's order processing is decisive for the processing of the transaction.
5.2 If the 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 for the outward shipment if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's withdrawal policy applies.
5.3 If 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 only passes with the handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods already passes to the Customer, even 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.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance performance, they retain title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If 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 begin anew if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, for contracts for the delivery of used goods, the following restriction applies: The limitation period for claims for defects is one year from the delivery of the goods, if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the reduction of the limitation period before submitting their contractual declaration.
7.3 The aforementioned limitations of liability and reductions of time limits 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 use 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.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller of this. Failure to do so has no effect on their statutory or contractual claims for defects.
8) Special Conditions for the Processing of Goods According to Specific Customer Requirements
8.1 If, according to the content of the contract, the Seller also 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 texts, images or graphics, in the file formats, formats, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this. The customer alone is responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, they ensure that no third-party rights are violated, especially copyrights, trademark rights and personal rights.
8.2 The customer indemnifies the Seller from claims of third parties that they may assert against the Seller in connection with an infringement of their rights by the contractual use of the customer's content by the Seller. In this context, the customer also bears the necessary costs of legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the infringement is not the fault of the customer. The customer is obliged to provide the Seller with all information necessary for the examination of the claims and a defense immediately, truthfully and completely in the event of a claim by third parties.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or public morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Applicable Law
9.1 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 state in which the consumer has their habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who are not citizens of a member state of the European Union 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) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.