for german AGB (terms and conditions) klick here
General terms and conditions with customer information
Table of contents
- conclusion of contract
- right of withdrawal
- prices and terms of payment
- delivery and shipping conditions
- retention of title
- liability for defects (warranty)
- special conditions for the processing of goods in accordance with certain specifications of the customer
- redemption of promotion vouchers
- redemption of gift vouchers
- applicable law
- alternative dispute resolution
1.1 These General Terms and Conditions of Business (hereinafter referred to as “GTC”) of Hagen Puls, trading under the name of “mariblum Hagen Puls” (hereinafter referred to as “seller”), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the seller with regard to the goods presented by the seller in his online shop. Herewith the inclusion of the customer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding 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 are not binding offers on the part of the seller, but serve to provide a binding offer by the customer.
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 going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, 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 as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be saved by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) once the Customer’s order has been sent. The seller will not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before bindingly placing an 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 enlargement function of the browser, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German and English languages can be used to conclude the contract.
2.8 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are the total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not 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) is/are communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed upon, payment is immediately due after conclusion of the contract, unless the parties have agreed upon a later due date.
4.5 When you choose a payment method offered through the Klarna payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter Klarna). For further information and Klarna’s terms and conditions, please refer to the Seller’s payment information, which is available at the following internet address
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the Seller’s order processing is decisive for 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 with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller’s cancellation policy shall apply to the return costs.
5.3 For logistical reasons, self-collection is not possible.
5.4 Vouchers are given to the customer as follows:
– by e-mail
6) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
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. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods in accordance with certain requirements of the customer
8.1 If, according to the content of the contract, the seller is responsible for the processing of the goods according to certain requirements of the customer in addition to the delivery of the goods, the customer must also provide the seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use. Only the customer is responsible for the procurement and the acquisition of rights to these contents. The customer declares and accepts responsibility for the fact that he/she has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
8.2 The customer indemnifies the seller from claims of third parties which may be asserted against the seller in connection with an infringement of their rights by the contractual use of the contents of the customer by the seller. The customer shall also assume the reasonable costs of the necessary legal defence including all legal fees and lawyers’ fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In case of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
8.3 The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Redemption of promotion vouchers
9.1 Vouchers that are issued free of charge by the Seller as part of advertising campaigns with a certain period of validity and that cannot be purchased by the Customer (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if there is a corresponding restriction resulting from the content of the promotion voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
9.5 Only one promotion voucher can be redeemed per order.
9.6 The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
9.8 The credit balance of a promotion voucher is neither paid out in cash nor subject to interest.
9.9 The promotion voucher will not be refunded if the customer returns the goods fully or partially paid for with the promotion voucher within the scope of his statutory right of revocation.
9.10 The promotion voucher is transferable. The seller can make payments with discharging effect to the respective owner who redeems the promotion voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligence of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop, unless it states otherwise in the voucher.
10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit balances are refunded to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.
10.8 The gift voucher is transferable. The Seller may make payments with 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 non-authorization, legal incapacity or lack of authorization to represent the respective owner.
11) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform is used as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.