General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of 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. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Kevin Hartmann, trading as "WILDHILLZ" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller concerning the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 These GTC also apply to contracts for the delivery of tickets, unless otherwise expressly stated. These GTC only regulate the sale of tickets for specific events, which are described in detail in the Seller's product description, and not the conduct of these events. The terms and conditions for the events are solely governed by the legal provisions between the participant and the organizer, as well as any deviations from this by the organizer. If the Seller is not the organizer, the Seller is not liable for the proper conduct of the event, which is solely the responsibility of the organizer.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online store do not constitute binding offers from the Seller, but serve to make a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer for the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The Seller can 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), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting the Customer to make payment after the Customer has placed the order.
If several of the aforementioned alternatives occur, the contract is concluded when one of the alternatives first takes place. The period for accepting the offer begins the day after the Customer sends the offer and ends on the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, meaning the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is handled by the payment service provider PayPal (Europe) S.Ã r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a PayPal payment option during the online ordering process, the Seller hereby accepts the Customer's offer at the moment the Customer clicks the button that completes the order process.
2.5 After the conclusion of the contract, the Seller stores the contract text and sends it to the Customer in text form (e.g., email, fax, or letter) after the order is submitted. No further provision of the contract text is made by the Seller. If the Customer has created a user account in the Seller's online store before submitting the order, the order data will be archived on the website of the Seller and can be accessed by the Customer free of charge via their password-protected user account using the relevant login details.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool to better identify input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 The contract can be concluded in German.
2.8 The 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 correct, so that the emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or by third parties engaged by the Seller for order processing can be delivered, especially when using spam filters.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities, if the contract specifies a specific date or period for the provision. Furthermore, a right of withdrawal is excluded for contracts involving the sale of tickets for time-bound leisure events.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be separately specified in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.3 If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.
4.4 If a payment method offered through the "PayPal" payment service is selected, payment processing is done via PayPal, which may use the services of third-party payment providers. If the Seller offers payment methods where they pay in advance (e.g., invoice purchase or installment payment), the Seller assigns their payment claim to PayPal or to the payment service provider appointed by PayPal and specifically named to the Customer. Before accepting the assignment declaration, PayPal or the appointed payment service provider will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method if the credit check results are negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. Payment can only be made to PayPal or the payment service provider appointed by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and refunds.
4.5 If a payment method offered by the "mollie" payment service is selected, payment processing is done through the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered by Mollie will be communicated to the Customer in the Seller's online store. Mollie may use other payment services for payment processing, for which special payment terms may apply, and the Customer will be informed accordingly. More information about Mollie is available at https://www.mollie.com/de/.
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of goods, the 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 provided during the order processing by the seller is decisive.
5.2 If the delivery of the goods fails due to reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply to the shipping costs in the case of a valid exercise of the right of withdrawal by the customer. The seller’s withdrawal information governs the return shipping costs in the event of a valid exercise of the right of withdrawal.
5.3 If the customer acts as an entrepreneur, the risk of accidental destruction or deterioration of the sold goods passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental destruction or deterioration of the goods passes to the customer upon delivery of the goods to the customer or a recipient authorized to accept the goods. However, if the customer has instructed the carrier, freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not named this person or institution beforehand, the risk passes to the customer once the goods are handed over to them.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This only applies if the non-delivery is not due to the seller’s fault, and the seller has concluded a proper procurement contract with the supplier. The seller will make all reasonable efforts to obtain the goods. In case of non-availability or only partial availability of the goods, the customer will be promptly informed, and any payments will be refunded immediately.
5.5 If the seller offers the goods for collection, the customer may collect the ordered goods within the business hours specified by the seller at the address provided by the seller. No shipping costs will be charged in this case.
5.6 Vouchers are provided to the customer as follows:
via download
via email
5.7 Tickets are provided to the customer as follows:
via download
via email
6) Retention of Title
If the seller provides goods before full payment of the purchase price, the seller retains ownership of the delivered goods until the full payment is made.
7) Warranty (Defects Liability)
Unless otherwise stated in the following regulations, the statutory provisions regarding defects liability apply. However, for contracts for the delivery of goods, the following applies:
7.1 If the customer is an entrepreneur:
The seller has the choice of the method of supplementary performance.
The warranty period for new goods is one year from the delivery of the goods.
For used goods, rights and claims due to defects are excluded.
The limitation period does not restart in the case of a replacement delivery within the framework of defects liability.
7.2 The above warranty limitations and shortened deadlines do not apply:
For claims for damages and reimbursement of expenses by the customer,
If the seller has fraudulently concealed the defect,
For goods that have been used for a building in accordance with their usual use and caused the defect,
For any obligation of the seller to provide updates for digital products in contracts for goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claims remain unaffected.
7.4 If the customer is a merchant according to § 1 HGB, they are subject to the commercial inspection and notification obligation according to § 377 HGB. If the customer fails to comply with the notification duties, the goods are deemed to have been approved.
7.5 If the customer is a consumer, they are requested to report any obvious transport damage to the carrier upon delivery and inform the seller about it. If the customer fails to do so, this does not affect 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, as follows:
8.1 The seller is fully liable for:
Intent or gross negligence,
Intentional or negligent injury to life, body, or health,
A guarantee promise, unless otherwise specified,
Mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates a significant contractual obligation, the liability is limited to the typical, foreseeable damage, unless the seller is fully liable according to the previous paragraph. Significant contractual obligations are those that the contract imposes on the seller to achieve the contract’s purpose, whose fulfillment enables the proper execution of the contract, and which the customer may regularly rely on.
8.3 Otherwise, the seller’s liability is excluded.
8.4 The above liability rules also apply to the seller’s liability for his agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller as part of promotions with a specific validity period, which are provided free of charge and cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided that such a restriction is specified in the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, the difference can be paid using one of the other payment methods offered by the seller.
9.8 The balance of a promotional voucher is neither paid out in cash nor earns interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods partially or fully paid for with the promotional voucher within the scope of their statutory right of withdrawal.
9.10 The promotional voucher is transferable. The seller can make performance with releasing 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 gross negligence ignorance of the ineligibility, legal incapacity, or lack of representation of the respective holder.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through 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 any remaining balance of gift vouchers can be redeemed until the end of the third year after the year of purchase. Any remaining balance will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, the difference can be paid using one of the other payment methods offered by the seller.
10.7 The balance of a gift voucher is neither paid out in cash nor earns interest.
10.8 The gift voucher is transferable. The seller can make performance with releasing effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligence ignorance of the ineligibility, legal incapacity, or lack of representation of the respective holder.
11) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on international sales of movable goods. This choice of law applies to consumers only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12) Alternative Dispute Resolution
12.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.