Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Oliver Neye) via the website www.peppermintman.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer, within the meaning of the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods. .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data, as well as the payment and shipping conditions, the order data will finally be displayed as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be redirected to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the information in the order summary again, change it (also by using the "back" function of the internet browser), or cancel the order.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via email), which you can accept within 5 days (unless another deadline is indicated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
- Direct Debit ("Pay Now")
- Credit Card ("Pay Now")
- Instant Bank Transfer ("Pay Now")
The use of invoice and/or installment payment and/or direct debit payment methods requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment within the scope of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply for these, you will be informed of them separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via "Stripe"
If a payment method offered via "Stripe" is selected, payment is processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply for these, you will be informed of them separately. Further information about "Stripe" can be found at https://stripe.com/de.
§ 4 Performance of Services for Vouchers (Voucher Conditions)
(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the impressum.
(2) Purchased vouchers entitle you to redeem the credit recorded on the voucher within the validity period (duration of validity). Vouchers can only be redeemed in our online shop at www.peppermintman.com or, if stated, in our local store. The service description and the redemption conditions described therein at the time of purchase of the voucher apply.
(3) The validity period of the voucher is 3 years from the date of purchase until the end of the calendar year, unless a different validity period is specified in the respective offer.
(4) A prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed during the electronic ordering process on our website by entering the voucher code into the designated input field. Subsequent offsetting is excluded. Any remaining credit remains on the voucher and can be used for further orders.
(5) Only one voucher can be redeemed per order.
(6) After the expiry of the revocation period or the extinction of the right of revocation for consumers, no refund or exchange will be made. A payout / partial payout of voucher amounts is not possible. Interest is not paid on voucher credit. In the event of exercising the statutory right of revocation for goods or services paid for with a voucher, the voucher amount included in the purchase price will only be credited as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.
(7) Transfer or assignment of the voucher is permitted.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Oliver Neye
Falkenweg 20
07751 Cospeda
Germany
Telephone: +4936415974050
Email: shop@peppermintman.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process, and must be borne by you in addition, unless free shipping is promised.
5.3. Costs incurred for money transfers (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the IT law specialists of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/
