General terms and conditions of business
I. Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between you as our customer and us via our website.
Maximilian F. Leinfelder
Heinenbusch 10
40764 Langenfeld
Phone: +49 1515 4767902
Email: info@maxleinfelder.de
II. Conclusion of contract
(1) The presentation and advertising of products on our website does not in itself constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (application).
(2) You can submit your offer via the online ordering option provided on our website, via the contact form, or by email. These Terms and Conditions become part of the contract if we inform you of them upon conclusion of the contract, give you the opportunity to familiarize yourself with their content, and you agree to their validity.
(3) The contract is concluded via the online ordering option on our website in the following steps:
(a) You can select the products offered on our website and place them in the electronic shopping cart. You can view and change the contents of the shopping cart at any time before submitting your order. You can correct your entries using the usual mouse and keyboard functions as well as the "Back" function of your Internet browser before completing the ordering process by clicking the "Order with payment" button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the magnifying glass function of your Internet browser for this purpose. You can also end the ordering process at any time by closing the window of your Internet browser.
(b) By submitting an order via the online ordering option on our website by clicking the 'Order with payment' button, you are placing a legally binding order for the products in your shopping cart. However, this order can only be submitted and transmitted if you have previously accepted these Terms and Conditions by selecting the corresponding checkbox.
(c) We will promptly confirm receipt of your order by email. This email will list your order again. You can print it using the "Print" function. This automatic confirmation of receipt merely documents that we have received your order; it does not constitute acceptance of your order unless we expressly declare acceptance in addition to the confirmation of receipt.
(d) You are bound to the order for a period of 5 days after placing the order; this does not affect your right to cancel your order, if any.
(e) The contract is only concluded when we have declared acceptance of your order. This declaration is usually made via a separate email (order confirmation).
If you select the payment method 'Amazon Payments', payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590 . If you select "Amazon Payments" as your payment method during the online ordering process, you are simultaneously issuing a payment order to Amazon by clicking the button that completes the ordering process. In this case, we hereby declare our acceptance of your offer at the time you initiate the payment process by clicking the button that completes the ordering process.
(4) In our email confirming receipt or order or in a separate email, but no later than upon delivery of the goods, we will send you the contract text on a permanent data medium, for example, as an email or paper printout (contract confirmation). The contract text consists of your order, our General Terms and Conditions, and the order confirmation.
(5) The contract text will be stored by us in compliance with data protection regulations. Apart from the aforementioned sending, we will not make the contract text available to you.
(6) The contract is concluded in German.
(7) If delivery of a product ordered by you is not possible, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you immediately and promptly refund any consideration already received.
(8) If you have provided your email address as part of the ordering process or in connection with other inquiries, it is your responsibility to ensure that the email address you provided exists, is correct, and that you can receive emails from us or from third parties commissioned by us to process your order at this email address. Automatic spam filters must be configured and monitored accordingly.
(9) You agree to receive an invoice electronically.
(10) All prices stated on our website are total prices including statutory VAT and other price components plus shipping costs.
III. Right of withdrawal
If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e., a natural person who places an order for a purpose that cannot be primarily attributed to their commercial or independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory provisions. Further information on the right of withdrawal can be found in our cancellation policy.
IV. Delivery conditions
(1) Unless otherwise agreed, delivery will be made to the delivery address you have specified.
(2) If you choose PayPal as your payment method, delivery will be made to the delivery address you provided to PayPal at the time of payment.
(3) The delivery period is 14 days, unless otherwise stated in the product description or agreed upon with you. It begins upon conclusion of the contract.
(4) If you choose "Pickup," we will notify you as soon as the goods you ordered are available for pickup. Following this notification, you can pick up your ordered goods from our headquarters. In this case, no shipping costs will apply.
V. Terms of payment
We offer the following payment methods:
(1) Payment in advance: We offer you the option of payment in advance by bank transfer. If you select this payment method, our claim for payment of the agreed price becomes due upon conclusion of the contract, unless otherwise agreed.
(2) Payment on account: We offer payment on account. If you choose this payment method, our claim for payment of the agreed price becomes due after our service has been rendered and the corresponding invoice has been issued. Unless otherwise agreed, the agreed price is due without deduction within 14 days of receipt of the invoice.
(3) Payment by SEPA direct debit: We offer you payment by SEPA direct debit. Our claim for payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the advance notification period for making the payment by direct debit, known as prenotification, has expired. This prenotification is a notification to you announcing a payment collection by SEPA direct debit and is intended to enable you to prepare for the collection and ensure that your account is covered at least to the amount of the payment. The collection will only take place once the prenotification period has expired and the goods you ordered have left our warehouse. In the event that a payment collection by SEPA direct debit is not possible because the specified account does not have sufficient funds, incorrect bank details were provided, or you object to the collection without authorization, you will be responsible for any fees incurred by the relevant credit institution for any chargeback.
(4) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”):
PayPal or PayPal Express: If you select this payment method, you will be redirected to the PayPal website during the ordering process. To make the payment, you must register there or log in with your login details. PayPal's terms of use apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full . Once you have authenticated yourself with your login details, you must confirm the payment instruction to us. We will request PayPal to initiate the payment transaction after you have placed your order.
PayPal Credit Card: In this case, payment is processed by debiting a credit card you provide in the amount of our claim to payment of the agreed price through PayPal. Our claim to payment of the agreed price is only due once your order has been shipped. We accept credit cards from MasterCard, Visa, and American Express through our partner PayPal. If you select this payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed immediately after confirmation of the payment order and after you have been identified as the legitimate cardholder by your credit card company at PayPal's request, and your card will be charged. Further information will be provided during the ordering process. If you return one or more items, the corresponding value will be credited back to the credit card originally charged. Your credit card details are transmitted using an encrypted SSL procedure. Verified by VISA and MasterCard Secure Code enable particularly secure processing of credit card transactions on the Internet using special encryption methods. You do not need any software on your computer for this. Both registered and unregistered customers are automatically redirected to their bank's website via the payment process. To successfully complete your order, please follow the steps provided there.
For payment processing via PayPal, the PayPal General Terms and Conditions https://www.paypal.com/de/webapps/mpp/ua/legalhub-full , the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the provisions for 'Payments without a PayPal account' https://www.paypal.com/de/webapps/mpp/ua/privacywax-full also apply.
(5) Payment processing via the payment service provider SOFORT: We offer you payment processing via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). If you use payment processing via SOFORT, you must have an online banking account that is activated for this form of payment processing. After submitting your order, you will be redirected to a SOFORT website. There you must identify yourself and instruct SOFORT to make the payment via your online banking account using a PIN/TAN. The payment transaction will be initiated and your online banking account will be debited immediately after you instruct "SOFORT." Further information on this payment method and payment processing via "SOFORT" can be found on the following website: https://www.klarna.com/sofort/
(6) Payment processing via the payment service provider Stripe: We offer you the following options for payment processing via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”):
Stripe Direct Debit: If you select this payment method, payment will be processed by Stripe collecting our claim for payment of the agreed price via SEPA direct debit. Our claim for payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the prenotification period for payment by direct debit has expired. This prenotification is a notification from Stripe to you on our behalf, announcing a payment collection via SEPA direct debit and is intended to enable you to prepare for the collection and ensure that your account has sufficient funds, at least to cover the amount of the payment. After a SEPA direct debit mandate has been issued, Stripe will only collect the amount once the prenotification period has expired. In the event that a payment collection via SEPA direct debit is not possible because the specified account balance is insufficient, incorrect bank details were provided, or you object to the collection without authorization, you will be responsible for any fees incurred by the relevant credit institution for any chargeback. You reserve the right to provide evidence that no or only minor damages were caused by the chargeback.
Stripe Credit Card: If you select this payment method, the invoice amount is due immediately upon conclusion of the contract, unless we have agreed otherwise with you. Once the payment order has been confirmed and you have verified your identity as the credit card holder, the transaction will be initiated and processed by your credit card company. Your credit card will be charged. Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.
(7) Payment processing via the payment service provider Amazon Payments: We offer you payment processing via the payment service provider Amazon Payments Europe SCA, 38 avenue JF Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon Payments”). To pay via Amazon Payments you must have an Amazon user account. If your order qualifies for payment with Amazon Payments, you have the option of selecting payment with Amazon Payments during the ordering process. After selecting this payment method, you will be asked to identify yourself using the access data for your Amazon user account. You can then use the payment methods stored in your Amazon user account, such as direct debit or credit card. When paying by credit card, you will provide Amazon with your credit card details, unless you have already provided them. This authorizes Amazon to debit the full invoice amount, including any delivery and shipping costs, from the relevant credit card account when the amount is due. The debit will be made with the order confirmation. When paying by direct debit, you will provide Amazon with your IBAN and BIC number, unless you have already provided them. Amazon will debit the invoice amount from the specified account after invoicing. If payment via SEPA direct debit is not possible because the specified account does not have sufficient funds, incorrect bank details were provided, or you object to the direct debit without authorization, you will be responsible for any fees incurred by the respective credit institution for any chargeback. You reserve the right to provide evidence that no or only minor damages were caused by the chargeback.
(8) You can change the payment method stored in your user account at any time.
(9) If you pick up the goods yourself, you have the option of paying on site in cash, in advance or subsequently by invoice.
VI. Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
VII. Warranty
(1) We are liable for material or legal defects of delivered goods in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) If you are an entrepreneur, the following provisions apply to contracts for the delivery of goods:
- For new goods, the limitation period for defects is one year from the date of delivery of the goods.
- In the case of used goods, rights and claims due to defects are excluded.
- We as the seller are entitled to choose the type of subsequent performance.
- Even if a replacement delivery is made within the scope of liability for defects, the limitation period does not begin again.
(3) The above limitations of liability and shortening of time limits shall not apply
- for claims for damages and reimbursement of expenses
- if we as the seller have fraudulently concealed the defect
- for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness
- for any obligations to provide updates for digital products in contracts for the supply of goods with digital elements.
(4) In addition to claims for material or legal defects, there may be warranties provided by us for certain goods or manufacturer's warranties granted by manufacturers of certain goods. Details on the scope of such warranties can be found in the respective warranty statement.
(5) If you receive goods that show obvious transport damage, please notify us and report the damage to the delivery agent. However, this will not affect your statutory or contractual warranty rights.
VIII. Special provisions for services according to customer specifications
(1) Subject to any deviating provisions, these General Terms and Conditions also apply to contracts where the subject of our service, in addition to the delivery of goods, also includes their processing according to specifications specified by you ("Services According to Customer Specifications"). Subject to the information in the respective service description, the following additional provisions apply.
(2) To provide our services, you will provide us with all content and information necessary for processing. This may include content such as text, images, photos, graphics, drawings, sketches, or other content or displayable information. Permissible file formats and sizes, as well as other specifications regarding formatting, image sizes, color range or color depth, aspect ratios, (minimum) resolution, etc., are specified in the respective service description.
(3) In order to provide our services, you grant us the necessary rights of use to the above content and information.
(4) You are responsible for providing the content and information necessary to provide our services, as well as for granting the rights. Likewise, you are solely responsible for obtaining this content and information yourself and for acquiring the necessary rights.
(5) You declare and warrant that
(a) that you are the owner of the respective rights or are otherwise entitled and authorized to provide us with the content and information for the provision of our services and to grant the rights required for this purpose;
(b) that no rights of third parties, in particular copyrights, personal rights or industrial property rights such as design or registered design rights, patent or utility model rights, trademark or other trademark rights are infringed.
(6) In the event that third parties assert claims against us for infringement of their rights through contractual use of the aforementioned content and information provided to us, you indemnify us against these claims if you are responsible for the infringement. This indemnification also includes reasonable costs incurred by us in the event of necessary legal defense; this includes all court and attorney fees at the statutory rate.
(7) Should we be held liable by third parties in the aforementioned case, you will immediately provide us with all information necessary for the examination of the facts and the legal situation, in particular the claims and the defense, in a complete and truthful manner.
IX. Special provisions for gift vouchers
(1) We offer you the purchase of gift vouchers on our website. Unless otherwise agreed, gift vouchers are vouchers issued by us and can only be redeemed on our website. The following terms and conditions apply to gift vouchers.
(2) We will send you gift vouchers purchased from us by email or on-screen display.
(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before completing the order process. Gift vouchers cannot be redeemed retroactively. You can redeem multiple gift vouchers in one order.
(4) You cannot use a gift voucher to purchase additional gift vouchers. Gift vouchers can only be redeemed for the purchase of products.
(5) If the total value of your order exceeds the value of the gift voucher, you can pay the amount not covered by the value of the gift voucher using the payment methods offered by us.
(6) Gift vouchers are transferable to third parties and can be redeemed by them. We can make payments to the person redeeming the gift voucher with debt-discharging effect, unless we have knowledge or grossly negligent ignorance that this person is not legally competent, is not authorized, or is not authorized to represent the company.
(7) Unless otherwise agreed, you can redeem a gift voucher until the end of the third year following the year in which the voucher was purchased. Unless otherwise agreed, the above also applies to any remaining balance on a gift voucher that has been credited.
(8) The balance on the gift voucher will not be redeemed in cash or bear interest.
(9) We would like to point out that, pursuant to Section 312g Paragraph 2 Sentence 1 No. 9 of the German Civil Code (BGB), consumers do not have a right of withdrawal for contracts for the provision of services related to leisure activities if the contract stipulates a specific date or period for the provision. This means that there is no right of withdrawal for scheduled events booked via our website, and the contract is irrevocably binding upon booking.
X. Special provisions for promotional vouchers
(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers that we provide to you free of charge in connection with promotional campaigns. They cannot be purchased, are valid for a limited period of time, and can only be redeemed on our website. The following terms and conditions apply to promotional vouchers.
(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before completing the order process. Promotional vouchers can no longer be redeemed after the expiration of the validity period. Promotional vouchers cannot be offset retroactively. You can redeem multiple promotional vouchers in one order.
(3) Unless otherwise stated, you can only redeem promotional vouchers with us as a consumer.
(4) We reserve the right to limit the validity of promotional vouchers to certain products or to exclude their validity for certain products. Such a restriction shall be determined by the content of the respective promotional voucher.
(5) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e., any remaining balance, will not be refunded.
(6) If you exercise your statutory right of withdrawal and return the goods in question, which you paid for in whole or in part with the promotional voucher, no refund of the value of the promotional voucher will be made.
(7) There will be no cash payment of the value of the promotional voucher or interest on it.
(8) If the total value of your order exceeds the value of the promotional voucher, you can pay the amount not covered by the value of the promotional voucher using the payment methods offered by us.
(9) Promotional vouchers are transferable to third parties and can be redeemed by them. We can make payments to the person redeeming the promotional voucher with debt-discharging effect, unless we have knowledge or grossly negligent ignorance that this person is not legally competent, is not authorized, or is not authorized to represent us.
(10) The above cancellation right exists in addition to any statutory right of withdrawal you may have. The latter is not limited by the above cancellation right.
XI. Changes to the Terms and Conditions or our services
(1) We reserve the right to change our terms and conditions or our services,
(a) if our Terms and Conditions or our services have to be adapted to applicable law, in particular in the event of a change in the law, developments in case law or if we have to comply with a court or administrative decision,
(b) if technical or procedural changes that do not have a significant impact on you require a change to the Terms and Conditions or our services,
(c) if we offer new or additional services that must be included in the Terms and Conditions and this does not have any adverse effects on the contractual relationship existing with you, or
(d) if the changes to our Terms and Conditions or our Services are only legally advantageous to you.
(2) Changes will be communicated to you in writing, by fax, or by email. If you do not object to these changes within six (6) weeks of receipt of the notification, the changes will be deemed accepted by you. You will be separately informed of your right of objection and the legal consequences of non-compliance.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.
XII. Data protection
For information on the processing of personal data, please refer to our privacy policy.
XIII. Customer Service
If you have any questions, complaints or claims, you can reach us by phone at +4915154767902 or by email at info@maxleinfelder.de .
XIV. Consumer Arbitration Board
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
XV. Online Dispute Resolution
The EU Commission has established an internet platform for online dispute resolution (ODR platform) between businesses and consumers. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/
XVI. Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which you, as a consumer, have your habitual residence, remain unaffected.
(2) If you, as a customer, are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.