General Terms and Conditions
1. Scope of application
2. Conclusion of contract
3. Right of revocation
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Liability
9. Redemption of promotional vouchers
10. Free gifts
11. Applicable law
12. Place of jurisdiction
13. Information on online dispute resolution
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Outback.Company e.K." (hereinafter "Seller"), shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Conclusion of contract
2.1 The product presentations 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 can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through 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 that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
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, or
- by delivering the ordered goods to the customer, in which case the 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 exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry 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 shall no longer be bound by his declaration of intent.
2.4 If the customer selects "direct debit" as the method of payment during the ordering process, the seller may also accept the customer's offer by collecting the total price from the customer's bank account within five days, whereby the time at which the customer's account is debited is decisive in this respect. In all other respects, Clause 2.3 shall apply accordingly.
2.5 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order. 2.6.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can correct his entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Both English and German are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via 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 by third parties commissioned by the seller to process the order 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 withdrawal policy.
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 will be indicated separately in the respective product description.
4.2 The customer has various payment options at his disposal, which are indicated in the seller's online shop.
4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed otherwise.
4.4 If the payment method "PayPal" 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, subject to the PayPal terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.5 If you select the payment method "Pay upon invoice via Paypal and Ratepay", your payment data will first be transmitted to PayPal in preparation for payment, whereupon PayPal will forward them to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay") in order to carry out the payment. The legal basis in each case is Art. 6 para. 1 lit. b DSGVO. In this case, RatePay carries out an identity and creditworthiness check on its own behalf to determine solvency in accordance with the principle already mentioned above and passes on your payment data to credit agencies on the basis of the legitimate interest in determining solvency in accordance with Art. 6 Para. 1 lit. f DSGVO. A list of the credit agencies that Ratepay may use can be found here: https://https://www.ratepay.com/en/legal-payment-creditagencies/
5. Delivery and shipping conditions
5.1 The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the Seller's purchase transaction shall be decisive. In deviation from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive. 5.2.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply 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 reasonable advance notice of the service.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass 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 the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named such 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 self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 In the event of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer may collect the goods from the Seller's registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
5.6 Vouchers will be sent to the customer as follows:
by e-mail
by download
by post
6. Retention of title
6.1 The seller retains ownership of the goods delivered to consumers until the purchase price owed has been paid in full.
6.2 With regard to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer is acting as an entrepreneur, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the customer meets his payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7. Liability for defects
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. The following shall apply in derogation thereof
7.1 For entrepreneurs
- an insignificant defect shall in principle not give rise to any claims for defects,
- the seller has the choice of the type of subsequent performance,
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk,
- in the case of used goods, rights and claims on account of defects are excluded in principle
- the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.
7.2 For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following clause.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply to
- to items which have been used in accordance with their customary use for a building and have caused its defectiveness, to items which have been used in accordance with their customary use for a building and have caused its defectiveness,
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
- for other damage caused by an intentional or grossly negligent breach of duty by the seller or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8. Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of negligent or intentional injury to life, limb or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
- on the basis of compulsory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to section 8.1. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9. Redemption of promotional vouchers
9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 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.
9.7 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 chosen to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.9 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 framework of his statutory right of withdrawal.
9.10. The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
10. Free gifts
The following applies to free gifts within the scope of an order:
10.1 Free gifts will only be sent from our online shop if the minimum purchase value has been specified. The respective minimum purchase value is shown in the checkout process in our online shop.
10.2 Ownership of free gifts shall not pass to the customer until the cancellation period has expired.
10.3 Free gifts must be returned in the event of the (partial) cancellation of a contract, irrespective of the reason, if the total purchase value after deduction of the purchase price of the returned purchase item is less than the respective minimum purchase value.
10.4 In the event of reversal under the right of revocation, the requirements for the condition of the main goods also apply to the condition of the free gift.
10.5 It is not possible to exchange the free gift (e.g. for a different size or colour).
11. Applicable law
11.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a 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 Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office 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. However, in the aforementioned cases, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
13. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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