General terms and conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of the 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. Special conditions for the processing of goods in accordance with specific requirements of the customer
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Alternative dispute resolution

1) Scope of application

1.1 These general terms and conditions (hereinafter "GTC") of Sebastian Krier, trading as "Grobe Jungs Streetwear" (hereinafter "seller"), apply to all contracts for the delivery of goods which a consumer or trader (hereinafter „customer“) concludes with the seller in respect of the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided for in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly outside his trade, business or profession.

1.4 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its trade, business or profession.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute 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. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process. The customer may also submit the offer to the seller by e-mail, via the online contact form or by telephone.

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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting the customer to pay after the customer has placed his order.

If several of the aforementioned alternatives apply, 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 begins to run on the day after the offer is sent by the customer and ends at the end 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 shall be deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, the 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 (hereinafter: „PayPal“), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal and selectable in the online ordering process, the seller hereby already declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The seller does 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 by the customer free of charge via his password-protected user account by entering the corresponding login details.

2.6 Before submitting the order via the seller's online order form in a binding manner, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's magnification function, 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 the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by e-mail and automated order processing. The customer must ensure that the e-mail address he provides for order processing is correct, so that the 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 Further information on the right of withdrawal can be found in the seller's instructions on withdrawal.

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 the statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further 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 in relation to the transfer of money may also be incurred 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 advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service "Klarna" is selected, the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter „Klarna“). Further information and Klarna's conditions in this respect can be viewed here:

https://www.grobejungs.de/content/10-zahlungsarten

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery is made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. By way of derogation from this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If 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 of outward shipment if the customer effectively exercises his right of withdrawal. With regard to the return costs, the provision made in this respect in the seller's instructions on withdrawal applies if the customer effectively exercises his right of withdrawal.

5.3 If the customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the customer or to a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry it out 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 delivery to himself. This applies only in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with the requisite care. The seller will make all reasonable efforts to procure the goods. In the event of the non-availability or only partial availability of the goods, the customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

• by e-mail
• by post

6) Retention of title

If the seller performs in advance, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as a trader,

• the seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, rights and claims for defects are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of periods provided for above do not apply

• to claims of the customer for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused the building's defectiveness,
• to any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, it applies to traders that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty to examine the goods and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods in accordance with specific requirements of the customer

8.1 If, under the terms of the contract, the seller owes not only the delivery of the goods but also the processing of the goods in accordance with specific requirements of the customer, the customer must provide the seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the seller, and must grant him the usage rights required for this purpose. The customer alone is responsible for procuring and acquiring the rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed as a result, especially copyrights, trade mark rights and personal rights.

8.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights by the seller's use of the customer's content in accordance with the contract. In this respect, the customer shall also bear the necessary costs of legal defence, including all court and lawyers' fees at the statutory rate. This does not apply if the customer is not responsible for the infringement of rights. In the event of claims by third parties, the customer is obliged to provide the seller without delay, truthfully and completely with all information required for the examination of the claims and for a defence.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose infringes statutory or official prohibitions or public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

9) Redemption of promotional vouchers

9.1 Vouchers which are issued free of charge by the seller in the context of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the stated period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient 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 of a promotional voucher is neither paid out in cash nor does it bear interest.

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

9.9 The promotional voucher is transferable. The seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge, or is unaware through gross negligence, of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

10) Redemption of gift vouchers

10.1 Vouchers which can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Several gift vouchers can also be redeemed for one order.

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

10.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is intended for use only by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.

11) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only in so far 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

The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration body.