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Terms & conditions (GTC)

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redeeming promotion vouchers
  9. Redeeming gift vouchers
  10. Applicable law
  11. Place of jurisdiction
  12. Alternative dispute resolution
  13. Voucher Conditions

1) Scope of application

The following General Terms and Conditions apply to all orders placed via our online shop.

1.1 These General Terms and Conditions (hereinafter referred to as GTC) of Smilodox GmbH & Co. KG (hereinafter referred to as "Seller") shall 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. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise expressly regulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, e-mail or online contact form.

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 payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the payment method "PayPal Express" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L- 2449 Luxembourg (hereinafter referred to as "PayPal"), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method within the framework of the online order process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller declares now that he accepts the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.

2.5 If the payment method Amazon Payments is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he shall also issue a payment order to Amazon by clicking the button completing the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button completing the order process.

2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending his order. In addition, the contract text shall be archived on the Seller's website and can be retrieved free of charge by the Customer via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending his order.

2.7 Prior to binding submission of the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 The order processing and establishment of contact take place as a rule 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 third parties commissioned by the seller to process the order can be delivered.

3) Right of revocation

3.1 In principle, consumers are entitled to a right of revocation.

3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include statutory value-added tax. Any additional delivery and shipping costs will 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 by 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 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 option(s) will be communicated to the customer in the seller's online shop.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as PayPal), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

  • by download
  • by e-mail

6) Retention of title

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Redemption of promotion vouchers

8.1 Vouchers which are issued free of charge by the seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as promotional vouchers) can only be redeemed in the online shop of the seller and only within the specified period.

8.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

8.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent invoicing is not possible.

8.4 Only one promotion voucher can be redeemed per order.

8.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the Promotion Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.7 The credit balance of a Promotion Voucher will not be paid in cash or interest will not be paid on it.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.

9) Redeeming gift vouchers

9.1 Gift vouchers which can be purchased via the Seller's online shop (hereinafter referred to as gift vouchers) can only be redeemed in the Seller's online shop unless otherwise stated in the gift voucher.

9.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further 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 may be selected to settle the difference.

9.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.

9.8 The gift voucher is transferable. The Seller may, with discharging effect, make payment to the respective owner 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 nonauthorization, the legal incapacity or the lack of power of representation of the respective owner.

10) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.1 Newsletter entry. If you register for our newsletter, the data (email address) can also be used for the company Neosupps.

11) Place of jurisdiction

If the Customer acts as a merchant, legal entity under public law or 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 shall be the registered office of the Seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr

This platform serves 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 a dispute resolution procedure before a consumer arbitration board.

13) Voucher Conditions

Our terms and conditions (see below) and data protection regulations apply to the purchase of vouchers. In addition, the following voucher conditions apply:

1. object of the Smilodox voucher
The Smilodox voucher can be used in accordance with these conditions in the context of purchases on the site www.smilodox.com. The voucher will be sent by e-mail in the form of a code after receipt of payment. The voucher can be given to third parties. In this case you are obliged not to use the voucher code any more or to disclose it to third parties.

2. lottery voucher conditions
If a prize amount is raffled, it will only be issued in the form of a voucher. There will be no cash payment of this monetary value.

3. redeeming the voucher
The voucher can be used for the purchase of products sold via the Smilodox service. The value of the voucher will be deducted from the invoice amount.

4. remaining balance
If the value of the voucher exceeds the invoice amount, any remaining credit is retained and can be redeemed by requesting a new voucher for the remaining amount. A cash payment of the (residual) value of the voucher is excluded.

5. validity period
Vouchers must be redeemed at the latest by the end of the second year after transmission of the voucher code; thereafter they lose their validity.

6. liability of the voucher code
The voucher code will be kept secret and only communicated to the person who receives the voucher. Smilodox GmbH & Co. KG accepts no liability for the loss, theft or misuse or delayed transmission (e.g. due to technical difficulties) of the voucher code.