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 Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redeeming Promotional Coupons
10. Redeeming Gift Certificates
11. Applicable Law
12. Jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Funduino GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These GTC apply mutatis mutandis to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise specified. Digital content within the meaning of these GTC refers to data that is created and made available in digital form.

1.3 These Terms and Conditions apply accordingly to contracts for the delivery of gift certificates, unless otherwise specified.

1.4 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.5 An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer may also submit the offer to the seller via email, fax, the online contact form, mail, or 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 email), in which case the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close 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 a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled 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 Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares its acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store prior to submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for concluding the contract. The specific language options are displayed in the online store.

2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal is provided in the seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to money transfers may also apply even 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 available payment method(s) will be communicated to the customer in the Seller’s online store.

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

4.5 If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes an advance payment to the customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

4.6 If the “Sofortüberweisung” payment method is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount via “Sofortüberweisung,” the customer must have an online banking account activated for use with “Sofortüberweisung,” authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is processed by Klarna immediately thereafter, and the customer’s bank account is debited. The customer can find more information about the “Sofortüberweisung” payment method online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the “Apple Pay” payment service is selected, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods offered via Apple Pay are displayed to the customer in the seller’s online store. To process payments, Apple may use additional payment services, which may be subject to special payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.8 If a customer selects a payment method offered via the “Google Pay” payment service, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The specific payment methods offered via Google Pay are communicated to the customer in the seller’s online store. To process payments, Google may use additional payment services, which may be subject to specific payment terms and conditions, and the customer may be notified of these separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.9 If a customer selects a payment method offered via the “Mollie” payment service, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “Mollie”). The specific payment methods offered via Mollie are communicated to the customer in the seller’s online store. To process payments, Mollie may use additional payment services, which may be subject to special payment terms and conditions that the customer may be notified of separately. Further information about “Mollie” is available online at https://www.mollie.com/de/.

4.10 If a payment method offered via the “Klarna” payment service is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be viewed here:

https://www.funduinoshop.com

4.11 If you select the “purchase on account” payment method, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 14 (fourteen) days of receiving the invoice, unless otherwise agreed. The Seller reserves the right to offer the “Purchase on Invoice” payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the seller will notify the customer of the corresponding payment restriction in the payment information section of the online store. The seller further reserves the right to conduct a credit check when the “Purchase on Invoice” payment method is selected and to reject this payment method if the credit check is negative.

4.12 If the “purchase on account” payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction within 30 days of the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The “Purchase on Invoice” payment method requires a successful credit check by Klarna AB. If the customer is approved for the “Purchase on Invoice” payment method following the credit check, the payment will be processed in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer may make payment with discharging effect only to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information provided in the online store.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system is decisive for the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer—even in the case of consumers—as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This applies only if the seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately and the payment will be refunded without delay.

5.5 If the seller offers the goods for pickup, the customer may pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

5.6 Gift cards are provided to the customer as follows:

- by email

6) Retention of Title

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

7) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• for new goods, the statute of limitations for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 If the customer is acting as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction set forth in the following paragraph: The statute of limitations for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed upon by the parties in the contract and the customer was specifically informed of the shortened statute of limitations prior to submitting their acceptance of the contract.

7.3 The limitations of liability and shortened time limits set forth above do not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• to goods that have been used in accordance with their customary purpose in a structure and have caused its 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.

7.4 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.6 If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal basis

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3 In all other respects, the seller’s liability is excluded.

8.4 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Coupons

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online store and only during the specified period.

9.2 Promotional vouchers may only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent application is not possible.

9.5 Only one promotional voucher may be redeemed per order.

9.6 If the promotional coupon specifies a fixed value rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.

9.7 If the value of the promotional coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 The promotional gift card will not be refunded if the customer returns goods paid for in whole or in part with the promotional gift card within the scope of their statutory right of withdrawal.

9.10 The promotional gift certificate is intended solely for use by the person named on it. Transfer of the promotional gift certificate to third parties is prohibited. The seller is entitled, but not obligated, to verify the legitimate entitlement of the respective gift certificate holder.

10) Redemption of Gift Certificates

10.1 Vouchers that can be purchased through the Seller’s online store (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online store, unless otherwise specified on the voucher.

10.2 Gift certificates and any remaining balance on gift certificates are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

10.3 Gift certificates can only be redeemed before the order process is completed. Subsequent application of the credit is not possible.

10.4 Gift certificates may only be used to purchase goods and not to purchase additional gift certificates.

10.5 If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

10.6 The balance of a gift certificate will not be paid out in cash nor will it accrue interest.

10.7 The gift certificate is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the seller’s online store. This does not apply if the Seller is aware of, or is grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws governing the international sale of movable goods. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is located 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 activities. In the foregoing cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s place of business.

13) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.