General terms and conditions with customer information

 1. scope of application
 2. conclusion of contract
 3. prices and terms of payment
 4. terms of delivery and dispatch
 5. right of withdrawal
 6. retention of title
 7. liability for defects
 8. exemption in case of infringement of third party rights
 9. redemption of gift vouchers
 10. redemption of promotion vouchers
 11. applicable law
 12. place of jurisdiction
 13. information on online dispute resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “TERRA B UG (haftungsbeschränkt)” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller for the goods offered by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is excluded, unless otherwise agreed.

Translated with www.DeepL.com/Translator (free version)

1.2 These general terms and conditions shall apply accordingly to the purchase of vouchers, if and insofar as nothing to the contrary has been expressly regulated.

1.3 A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

1.4 Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

2. conclusion of contract

2.1 The presentation of the goods, especially in the online shop, does not constitute a binding offer by the seller.

2.2 First the customer puts the selected goods into the shopping cart. In the following step, the ordering process begins, in which all 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 confirmation of this order and contract data by clicking on the button concluding the ordering process does the customer submit a binding offer to purchase the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.

2.3 The seller accepts the customer’s offer by the following possible alternatives:

– Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
– Request for payment to the customer after placing the order
or
– Delivery of the ordered goods

Decisive for the time of acceptance is the first alternative that occurred.

The period for acceptance of 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 shall constitute rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 If the customer chooses the payment method “PayPal” or “PayPal Express” for the payment of his purchase, he submits his offer by clicking on the button which concludes the ordering process. If the customer simultaneously places a payment order with PayPal by clicking on this button, the seller declares, in deviation from the above provisions, acceptance of the customer’s offer at the time the payment order is placed.

2.5 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the internal systems of the seller. The customer can view the General Terms and Conditions of Business at any time on this page. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.6 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 back button of the browser or the usual mouse and keyboard functions. In addition, the customer can use buttons for correction, if available, which are labeled accordingly.

2.7 The contract language is German.

2.8 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 concerning this order can be delivered.

3. prices and terms of payment

3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is recommended to ask the respective institutions or authorities for details before ordering.

3.3 The customer can choose the payment methods that are available in the online shop.

3.4 In case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5 In case of payment by “PayPal”, the payment shall be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of Paypal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.6 In the case of payment by “PayPal Direct Debit”, the collection of the claim by PayPal will take place after the issuance of a SEPA Direct Debit Mandate and after the expiry of the deadline for the prior information on behalf of the seller from the customer’s bank account. Preliminary information is the seller’s announcement to the customer that his account will be debited by SEPA Direct Debit and may take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees arising from the chargeback by the respective bank if he is responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.

3.7 In case of payment by “IMMEDIATE” the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “IMMEDIATE”). In order to be able to make use of the payment method, the customer requires an online banking account with PIN/TAN procedure that has been activated for participation in “IMMEDIATELY”, with which he can legitimize himself accordingly during the payment process and confirm the payment instruction to “IMMEDIATELY”. Immediately after the payment transaction is completed, “IMMEDIATELY” will execute the payment and debit the customer’s bank account. Further information on the payment method “IMMEDIATELY” can be found on the Internet at https://www.klarna.com/sofort/.

4. terms of delivery and dispatch

4.1 The delivery of goods on the dispatch route is made to the delivery address indicated by the customer. Notwithstanding the above, in the case of payment by PayPal, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless the incorrect information or impossibility of delivery is beyond the Seller’s control. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable advance notice of the service. Excluded from this provision are the costs of sending the goods if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 Collection by the customer is not offered.

4.4 Vouchers are provided to the customer in the following form:

by e-mail
via download
by mail

5. right of withdrawal

5.1 If the customer is a consumer, he is basically entitled to a right of revocation.

5.2 The right of revocation is subject to the seller’s revocation instruction.

5.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract shall have no right of revocation.

6. reservation 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 the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. Failure to do so shall not affect the customer’s statutory or contractual claims for defects.

8. indemnity in case of violation of third party rights

Insofar as the Seller owes the Customer in accordance with the contract not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall ensure that the contents provided by the Customer to the Seller for this purpose do not infringe the rights of third parties. The contracting parties agree that the Customer shall indemnify the Seller against claims of third parties in this connection, unless the Customer is not responsible for the infringement. This indemnification shall also include the assumption of the reasonable costs of the necessary legal defence, including all court and attorney’s fees in the statutory amount. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.

9. redemption of gift vouchers

9.1 Vouchers that have been purchased via the online shop of the seller (“gift vouchers”) can also only be redeemed in the online shop of the seller.

9.2 Gift Certificates and remaining balance of Gift Certificates may be redeemed until the end of the third year following the year of purchase of the Gift Certificate. Any remaining balance will be credited to the customer’s voucher account by the expiry date.

9.3 Gift vouchers can only be redeemed before the end of the order process. A subsequent redemption does not take place.

9.4 Only one gift voucher can be redeemed per order. It is not possible to redeem more than one Gift Certificate in one order.

9.5 Gift Certificates can only be redeemed for the purchase of goods.
The purchase of additional Gift Vouchers cannot be paid for by voucher.

9.6 If the value of a Gift Certificate is not sufficient to pay for the order in question, one of the other payment methods offered can be used to pay the difference.

9.7 Credits on gift vouchers will not be paid out and no interest will be paid.

9.8 The gift 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 verify the material eligibility of the respective gift voucher holder.

10. redemption of promotion vouchers

10.1 Vouchers that the seller gives away free of charge within the framework of (advertising) campaigns with a certain period of validity and that the customer cannot purchase (“campaign vouchers”) can only be redeemed in the seller’s online shop and only within the period of time indicated by the seller.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion.
The specific restrictions can be found in the promotion voucher.

10.4 Promotional vouchers can only be redeemed before the order process is completed. There will be no subsequent charging.

10.5 Only one promotion voucher can be redeemed per order. It is not possible to redeem several promotion vouchers in one order.

10.6 The value of goods in the respective order must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

10.7 If the value of a promotion voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.8 The credit balance of a promotion voucher will neither be paid out nor will interest be paid.

10.9 The promotion voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.

10.10. The promotion 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 gift voucher holder.

11. applicable law

11.1 The law of the Federal Republic of Germany shall apply, excluding the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.

11.2 This choice of law made here does not apply with regard to the statutory right of revocation for consumers if they do not belong to a member state of the European Union at the time of conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

12. place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller.
If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller 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 professional or commercial activity of the customer.
Nevertheless, in the above-mentioned cases, the seller is also entitled to appeal to the court at the customer’s place of business.

13. information on online dispute resolution

The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr

Although we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, we are generally willing to do so.