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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Patrick Wolf, trading under "allée-rad" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller with respect to the goods displayed by the Seller in their online shop. Any terms and conditions of the Customer are hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.                                                                                                                                                                                                                                                                                                                                1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade or self-employed professional activity.

2. Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the integrated online order form. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days by:

• sending a written order confirmation or confirmation in text form (fax or email) to the Customer, in which case the receipt of the order confirmation is decisive, or
• delivering the ordered goods to the Customer, in which case the receipt of the goods is decisive, or
• requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the moment one of these alternatives occurs first. The acceptance period begins on the day following the Customer's offer submission and ends at the end of the fifth day following the offer submission. If the Seller does not accept the Customer's offer within this period, the offer is considered rejected.
2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. email, fax, or letter) after the order is placed. No further access to the contract text is provided by the Seller.
2.5 Before binding submission of the order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button to complete the ordering process.
2.6 The contract language is German.
2.7 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 emails sent by the Seller can be received. Especially when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned with order processing can be delivered.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information on the right of withdrawal is provided in the Seller's cancellation policy.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller's online shop.

5. Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery is made to the delivery address specified by the Customer within the specified delivery area, unless otherwise agreed. The delivery address provided in the order processing is decisive.
5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to return shipping costs if the Customer effectively exercises their right of withdrawal. In such cases, the return policy outlined in the cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and deterioration passes to the Customer as soon as the Seller hands over the item to the carrier. If the Customer is a consumer, the risk generally passes only upon delivery to the Customer or a person authorized to receive it. However, the risk also passes to the consumer upon handover to the carrier if the Customer has commissioned the carrier and the Seller has not previously named this party.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply, provided the Seller is not responsible and has concluded a concrete covering transaction with due diligence. In such cases, the Customer will be informed immediately and refunded promptly.
5.5 Self-collection is not possible for logistical reasons.

6. Retention of Title
If the Seller provides goods in advance, they retain ownership until the purchase price has been fully paid.

7. Liability for Defects (Warranty)

Unless otherwise specified, statutory warranty rights apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer is an entrepreneur:

• the Seller chooses the type of subsequent performance;
• the limitation period for new goods is one year from delivery;
• warranty rights for used goods are excluded;
• the limitation period does not restart upon replacement under warranty.

7.2 The above limitations and shortened periods do not apply to:

• claims for damages and reimbursement of expenses;
• cases of fraudulent concealment of defects;
• goods used for building purposes that caused defects in the building;
• obligations to provide updates for digital products in contracts for goods with digital elements.

7.3 For entrepreneurs, statutory limitation periods for recourse claims remain unaffected.
7.4 If the Customer is a merchant, they are subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If this is not observed, the goods are deemed accepted.
7.5 If the Customer is a consumer, they are requested to report obvious transport damage to the deliverer and inform the Seller. Failure to do so has no effect on their statutory or contractual claims.

8. Liability
The Seller is liable for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable:

• in case of intent or gross negligence;
• in case of intentional or negligent injury to life, body, or health;
• under a guarantee, unless otherwise specified;
• under mandatory liability such as the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage, unless unlimited liability applies under the preceding clause. Material contractual obligations are obligations essential for achieving the contract’s purpose.
8.3 In all other cases, the Seller’s liability is excluded.
8.4 The above liability provisions also apply to the Seller’s legal representatives and vicarious agents.

9. Applicable Law
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of mandatory protections granted by the law of their habitual residence.

10. Alternative Dispute Resolution
The Seller is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Copyright Notice: These GTC were created by the attorneys of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
Last updated: April 27, 2025, 13:53:26