Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

 

1) Scope of Application
1.1 These General Terms and Conditions (“GTC”) of Nick Mandel, trading as “Club de Rize” (hereinafter the “Seller”), apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter the “Customer”) and the Seller with regard to the goods presented by the Seller in the online shop. The inclusion of the Customer’s own terms is hereby objected to unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise regulated.

1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their trade or self-employed professional activity.

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 for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller’s online shop. After placing the selected goods in the virtual shopping cart and passing through the electronic ordering process, by clicking the button that completes the order process the Customer submits a legally binding offer to conclude a contract for the goods contained in the shopping cart.

2.3 The Seller may 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), in which case receipt of the order confirmation by the Customer is decisive, or

• delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or

• requesting payment from the Customer after submission of the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. 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 day the offer was sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account. If the Customer pays using a PayPal payment method selectable during checkout, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and is transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller’s online shop before sending the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.6 Before bindingly submitting the 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 detection of input errors can be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact generally take place by email and automated order handling. 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 orders can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information on the right of withdrawal is provided in the Seller’s instructions on cancellation.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. No VAT is charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs that may be incurred are stated 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 must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate charges) or import duties or taxes (e.g., customs duties). Such costs may also arise with regard to money transfers 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 method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal, which may also use the services of third-party payment providers. If the Seller also offers, via PayPal, payment methods for which the Seller provides advance performance to the Customer (e.g., purchase on account or instalment payment), the Seller assigns its payment claim to PayPal or to the third-party payment provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment provider commissioned by PayPal carries out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed intervals. In this case, payment with debt-discharging effect can only be made to PayPal or the payment provider commissioned by PayPal. However, even in the event of assignment, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes.

4.5 If a payment method offered via “Shopify Payments” is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use additional payment services for which special payment conditions may apply, to which the Customer will be separately referred if applicable. Further information about Shopify Payments is available online at shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified 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 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 with regard to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation in the Seller’s instructions on cancellation applies if the right of withdrawal is effectively exercised by the Customer.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller delivers the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorised to receive them. By way of derogation, in the case of consumers the risk also passes to the Customer as soon as the Seller delivers the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution 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-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering 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 without delay and any consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by email

6) Retention of Title
If the Seller provides goods in advance, title to the delivered goods remains with the Seller until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)
Unless otherwise provided below, the statutory provisions on liability for defects apply. Deviating therefrom, the following applies to contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur,

• the Seller has the choice of the type of subsequent performance;

• for new goods, the limitation period for defect claims is one year from delivery of the goods;

• for used goods, defect rights are excluded;

• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of periods set out above do not apply

• to the Customer’s claims for damages and reimbursement of expenses,

• if the Seller has fraudulently concealed the defect,

• to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,

• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including tort, as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,

• in the event of intentional or negligent injury to life, body, or health,

• on the basis of a guarantee promise, unless otherwise regulated,

• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable, typical damage for the contract, unless unlimited liability applies pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the Customer regularly relies.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller’s online shop (“gift vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated in the voucher.

9.2 Gift vouchers and any remaining balance can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Multiple gift vouchers can be redeemed for one order.

9.5 Gift vouchers can only be used to purchase goods, not additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to pay the difference.

9.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.

9.8 The gift voucher is transferable. The Seller may render performance with debt-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 holder’s lack of authorisation, incapacity, or lack of power of representation.

10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.