AGB

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General Terms and Conditions with Customer Information

Table of Contents

Scope
Conclusion of Contract
Right of Cancellation
Prices and Payment Conditions
Delivery and Shipping Conditions
Granting of Usage Rights for Digital Content
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Henning Karbe, operating under “Mentorship.PH” (hereinafter “Seller”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the provision of digital content unless otherwise stipulated. Digital content within the meaning of these GTC is data created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are neither commercial nor self-employed professional activities.

1.4 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 independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained 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 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 cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

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), whereby receipt of the order confirmation by the Customer is decisive, or

  • by delivering the ordered goods to the Customer, whereby 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 shall be concluded at the time when 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 at the expiration 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 consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via 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 User Agreement. If the Customer selects a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5 If the payment method “Amazon Payments” is selected, payment processing shall be carried out via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement. By selecting “Amazon Payments” and clicking the button completing the order process, the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process.

2.6 When submitting an offer via the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer sends the order. No further accessibility of the contract text is provided by the Seller. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via the password-protected user account using the relevant login data.

2.7 Before binding submission of the order, the Customer can recognize 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 browser’s zoom function. The Customer can correct his entries using the usual keyboard and mouse functions until clicking the button that completes the order process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact usually 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. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller’s cancellation policy.

3.3 The right of cancellation does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. VAT is not charged as the Seller is exempt from VAT as a small business owner. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise 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 by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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 available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via “PayPal” is selected, payment processing shall be carried out via PayPal, whereby PayPal may use the services of third-party payment providers. If the Seller also offers payment methods via PayPal in which he makes advance performance (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to acceptance of the assignment, PayPal or the commissioned payment service provider shall conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or payment intervals. In this case, payment can only be made to PayPal or the commissioned payment service provider with discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery time, shipping, returns, complaints, cancellation declarations, or credit notes).

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing shall be carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for payment processing, for which special payment conditions may apply.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall 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 shall be decisive for the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be 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 shall not apply to the costs of the initial shipment if the Customer effectively exercises his right of cancellation. In the event of effective exercise of the right of cancellation, the provisions set out in the Seller’s cancellation policy shall apply to return costs.

5.3 If the Customer acts 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, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or other designated person to carry out the shipment and the Seller has not previously named this person to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. 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 shall be informed immediately and the consideration shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive, geographically and temporally unlimited right to use the provided content exclusively for private purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has fully paid the remuneration owed. The Seller may provisionally permit use of the contractual content even before this time. No transfer of rights shall take place through such provisional permission.

7) Retention of Title

If the Seller provides advance performance, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

  • the Seller shall have the choice of the type of subsequent performance;

  • the limitation period for defect claims for new goods shall be one year from delivery of the goods;

  • defect claims for used goods shall be excluded;

  • the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 If the Customer acts as a consumer, the following shall apply to contracts for the delivery of used goods with the limitation of the following clause: the limitation period for defect claims shall be one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

8.3 The above limitations of liability and shortening of periods shall not apply

  • to claims for damages and reimbursement of expenses by the Customer;

  • if the Seller has fraudulently concealed the defect;

  • to goods which, according to their usual use, have been used for a building and have caused its defectiveness;

  • to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.5 If the Customer is a merchant within the meaning of § 1 German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, he is requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof. Failure to do so shall have no effect on his statutory or contractual defect claims.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation for any legal reason

  • in cases of intent or gross negligence;

  • in cases of intentional or negligent injury to life, body, or health;

  • based on a guarantee promise, unless otherwise regulated in this respect;

  • based on mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the typical, foreseeable damage inherent in the contract, unless unlimited liability applies pursuant to the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.

9.3 Otherwise, liability of the Seller is excluded.

9.4 The above liability provisions shall also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

10) Redemption of Promotional Vouchers

10.1 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”) can only be redeemed in the Seller’s online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the Promotional Voucher.

10.3 Promotional Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 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.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

10.8 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 cancellation.

10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

11) Applicable Law

11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11.2 Furthermore, this choice of law shall not apply with regard to the statutory right of cancellation for consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

12) Alternative Dispute Resolution

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