Terms of service

 

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Granting of Usage Rights for Digital Content
  7. Retention of Title
  8. Liability for Defects (Warranty)
  9. Liability
  10. Special Conditions for the Processing of Goods According to Customer Specifications
  11. Redemption of Promotional Vouchers
  12. Redemption of Gift Vouchers
  13. Applicable Law
  14. Alternative Dispute Resolution

 

 

 

1) Scope

 


1.1 These General Terms and Conditions (hereinafter “GTC”) of Michael Pasti, trading as “Michael Pasti” (hereinafter “Seller”), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.


1.2 These GTC shall apply accordingly to contracts for the delivery of physical data carriers serving exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these GTC means data created and provided in digital form.


1.3 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.


1.4 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content means data created and provided in digital form.


1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.


1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership acting in the exercise of their trade, business or profession when concluding a legal transaction.

 

 

 

2) Conclusion of Contract

 


2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.


2.2 The Customer may submit an offer via the integrated online order form. By clicking the button completing the order process after placing selected goods in the shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer. The offer may also be submitted by email or online contact form.


2.3 The Seller may accept the Customer’s offer within five days

 

  • by sending written order confirmation or confirmation in text form (fax or email),

  • by delivering the ordered goods, or

  • by requesting payment after the order has been placed.

 


The contract is concluded at the time when the first of these alternatives occurs. If the Seller does not accept within the period, the offer is deemed rejected.


2.4 If PayPal is selected, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under the applicable PayPal user agreement. By selecting a PayPal payment method and clicking the order button, the Seller already declares acceptance of the Customer’s offer.


2.5 If “Amazon Payments” is selected, payment is processed via Amazon Payments Europe s.c.a., Luxembourg, under its applicable terms. By clicking the order button, the Customer simultaneously issues a payment order to Amazon. The Seller declares acceptance at that moment.


2.6 The contract text is stored by the Seller and sent to the Customer in text form (e.g., email). Further accessibility is not provided unless the Customer has a user account.


2.7 The Customer may correct input errors before submitting the order using standard keyboard and mouse functions.


2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.


2.9 Order processing and communication generally take place via email. The Customer must ensure that the provided email address is correct and able to receive emails.

 

 

 

3) Right of Withdrawal

 


3.1 Consumers generally have a right of withdrawal.


3.2 Detailed information is provided in the Seller’s withdrawal policy.


3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not members of the European Union and whose sole residence and delivery address are outside the EU.

 

 

 

4) Prices and Payment Terms

 


4.1 Prices stated are total prices including statutory VAT unless otherwise specified. Additional shipping costs are stated separately.


4.2 Deliveries to countries outside the EU may incur additional costs (e.g., transfer fees, customs duties, taxes), which are borne by the Customer.


4.3 Available payment methods are displayed in the online shop.


4.4 If payment in advance by bank transfer is agreed, payment is due immediately upon contract conclusion.


4.5 If PayPal payment methods are used (including invoice or installment purchase), claims may be assigned to PayPal. Credit checks may be performed. Payment discharges liability only if made to PayPal.


4.6 If “Sofortüberweisung” is selected, payment is processed via Klarna Bank AB, Sweden.


4.7 If “Shopify Payments” is selected, payment is processed via Stripe Payments Europe Ltd., Ireland.


4.8 If “Klarna” is selected, payment is processed via Klarna Bank AB under its applicable terms.

 

 

 

5) Delivery and Shipping Conditions

 


5.1 Delivery is made to the address provided by the Customer within the specified delivery area.


5.2 If delivery fails due to reasons attributable to the Customer, reasonable costs shall be borne by the Customer.


5.3 Risk transfer:

 

  • For entrepreneurs: upon handover to carrier.

  • For consumers: upon handover to the Customer, except if the Customer independently commissioned the carrier.

 


5.4 The Seller reserves the right to withdraw in case of incorrect or improper self-supply.


5.5 Self-collection is not possible.


5.6 Vouchers are provided by download or email.


5.7 Digital content is provided via website access, download, or email.


5.8 Separate contracts arise for separate orders. Shipping fees apply per order. No entitlement to retroactive merging or reimbursement of shipping costs.

 

 

 

6) Granting of Usage Rights for Digital Content

 


6.1 The Seller grants a non-exclusive, unlimited right for private use unless otherwise specified.


6.2 Transfer to third parties is not permitted without consent.


6.3 For one-time provision, rights become effective only after full payment.

 

 

 

7) Retention of Title

 


Ownership remains with the Seller until full payment is received.

 

 

 

8) Liability for Defects (Warranty)

 


Statutory warranty law applies unless otherwise stated.


For entrepreneurs:

 

  • Seller chooses type of subsequent performance

  • Limitation period for new goods: one year

  • Used goods excluded

 


Exceptions apply for damages, fraudulent concealment, building materials, and digital update obligations.


Consumers are asked to report obvious transport damage, without affecting rights.

 

 

 

9) Liability

 


9.1 Unlimited liability in cases of intent, gross negligence, injury to life/body/health, guarantees, or mandatory statutory liability (e.g., Product Liability Act).


9.2 For negligent breach of essential obligations, liability is limited to foreseeable, typical damage.


9.3 Otherwise excluded.


9.4 Applies also to agents and representatives.

 

 

 

10) Special Conditions for Custom Processing

 


10.1 Customer must provide lawful content and necessary rights.


10.2 Customer indemnifies Seller against third-party claims.


10.3 Seller may refuse unlawful or immoral content.

 

 

 

11) Redemption of Promotional Vouchers

 

 

  • Valid only within stated period

  • Only redeemable before order completion

  • No cash payout

  • Not refunded in case of withdrawal

  • Transferable

 

 

 

 

12) Redemption of Gift Vouchers

 

 

  • Valid until end of third year after purchase

  • Only redeemable before order completion

  • No cash payout

  • Transferable

 

 

 

 

13) Applicable Law

 


13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory local protections remain unaffected.


13.2 The choice of law does not apply to withdrawal rights for consumers outside the EU with residence and delivery address outside the EU.

 

 

 

14) Alternative Dispute Resolution

 


The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.