General Terms and Conditions
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “Terms”) of Armin Grund, trading as “finderness” (hereinafter referred to as the “Provider”), shall apply to all contracts that a consumer or businessperson (hereinafter the “Customer”) has with the Provider relating to the
Goods and/or Services depicted by the Provider on its website. Hereby the inclusion of own conditions of the customer is ruled out, unless it’s otherwise agreed.
1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity.
2) Conclusion of the Contract
2.1 Conclusion of the Contract when registering for the online service offered by the Provider
2.1.2 After entering his/her data into the online form provided for this purpose, the Customer may log in by clicking on the button that completes the registration process. Submitting the registration data constitutes the Customer’s offer to conclude a contract of use that the Provider can accept, but does not have to accept. The Provider may accept the Customer’s offer within five days by sending an order confirmation by email, by activating the Customer’s account or by sending a payment request to the Customer. If several of the above-mentioned alternatives apply, the Contract shall become binding at the time at which the first alternative occurs. The period in which the offer must be accepted commences on the day after the Customer has sent the offer and ends on the fifth day after the Customer has sent the offer. If the Provider fails to accept the Customer’s offer within the aforementioned period, this shall be considered a rejection of the offer, with the result that the Customer is no longer bound by his/her declaration.
2.1.3 The text of the Contract will be stored by the Provider after conclusion of the Contract and sent to the Customer in text form (e.g. email, fax or letter) once his/her offer has been submitted. The Provider shall not make the text of the Contract accessible in any additional form. The contractual data are archived on the Provider’s website and can be retrieved by the Customer free of charge via his/her password-protected user account, by inputting the corresponding login details.
2.1.4 Before submitting a binding offer via the Provider’s online form, the Customer can check for any possible input errors by carefully reading the information displayed on the screen. An effective technical method for better checking for input errors can include using the zoom function of the browser to enlarge the display on the screen. During the electronic registration process, the Customer can correct his/her entries using the usual keyboard and mouse functions until he/she clicks the button that completes the registration process.
2.1.5 The German language is exclusively available for the conclusion of the Contract.
2.1.6 The email address is used to identify the Customer and to personally denote him/her. The Customer must ensure that the email address he/she provides during the online registration is correct so that emails from the Provider are received at this address. In particular it is the Customer’s responsibility to ensure that the use of spam filters does not hinder the delivery of emails that are sent by the Provider or authorised third parties.
2.1.7 The information requested during registration must be provided by the Customer accurately and in full. The Customer is obliged to ensure that this information (including email addresses) is always up to date. In principle, the information provided is not checked by the Provider in terms of correctness and completeness.
2.2 Conclusion of Contract for the purchase of further label sheets via the Provider’s online shop
2.2.1 The product descriptions in the Provider’s online shop do not constitute binding offers on the part of the Provider, but merely serve the purpose of submitting a binding offer by the Client.
2.2.2 The Client may submit the offer via the online order form integrated into the Provider’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.2.3 The Provider may accept the Client’s offer within five days,
• by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
• by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
• by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Provider not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.2.4 When submitting an offer via the Provider’s online order form, the text of the contract is stored by the Provider after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Provider shall not make the contract text accessible beyond this. If the Client has set up a user account in the Provider’s online shop prior to sending his order, the order data shall be stored on the Provider’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.2.5 Prior to submitting a binding order via the Provider’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.2.6 The German and the English language are exclusively available for the conclusion of the contract.
2.2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Provider can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Provider with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the Provider’s instruction on cancellation.
4) Payment Conditions
4.1 Payment terms for the Provider’s online service
The use of the online service finderness.de is subject to a fee. The fee to be paid by the Customer and the terms of payment are set out in the service description on the Provider’s website.
4.2 Payment terms for the purchase of additional label sheets via the Provider’s online shop
4.2.1 Unless otherwise stated in the Provider’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.
4.2.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the supplier is not responsible and which are to be borne by the customer. This includes, for example, costs for transferring money through credit institutions (for example, bank charges and exchange fees) or legal import duties or taxes (for example, customs duties). Such costs regarding money transfer may also be incurred, if delivery is not made in a country outside the European Union and the customer carries out the payment from a country outside the European Union.
4.2.3 Payment can be made using one of the methods mentioned in the Provider’s online shop.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.2.5 If the payment method “PayPal direct debit” is selected, PayPal collects the invoice amount from the customer’s bank account on behalf of the Provider after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) to the Client announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Provider’s order processing is decisive.
5.2 Should the assigned transport company return the goods to the Provider, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Provider has notified the Client about the service for a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises their right of cancellation. If the customer exercises their right of cancellation effectively, the return costs shall be governed by the provisions of the supplier’s cancellation policy.
5.3 Personal collection is not possible for logistical reasons.
6) Contract duration and contract termination for the Provider’s online service
6.1 The contract for the use of finderness.de is concluded for a period of one year and then ends automatically.
6.2 The right to immediate termination for important reasons remains unaffected.
An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests
6.3 Notices of termination must be made in text form (for example by e-mail).
7) Retention of title upon sale of goods
If the Provider provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8) Liability for defects (warranty) upon sale of goods
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Provider accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Redemption of campaign vouchers
9.1 Vouchers which are issued by the Provider free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Provider’s online shop and only within the indicated time period.
9.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
9.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 Only one campaign voucher can be redeemed per order.
9.5 The goods value should meet at least the amount of the campaign voucher. The Provider will not refund remaining assets.
9.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Provider to pay the difference.
9.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
9.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
9.9 The campaign voucher is transferable. The Provider may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Provider’s online shop. This does not apply, if the Provider has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
11) Alternative dispute resolution
11.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
11.2 The Provider is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.