General Terms and Conditions with Customer Information
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
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 of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Melanie Uhles, trading as "RockettheSpitz" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding 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 These GTC apply accordingly to contracts for the supply of goods with digital elements, unless otherwise stipulated. In this context, in addition to the delivery of the goods, the Seller is obliged to provide digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot perform their functions without them.

1.3 These GTC apply accordingly to contracts for the supply of physical data carriers serving exclusively as carriers of digital content, unless otherwise stipulated. For the purposes of these GTC, digital content refers to data produced and supplied in digital form.

1.4 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated.

1.5 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither to their commercial nor to their independent professional activity.

1.6 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.
 
2) Conclusion of Contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller but serve to enable 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 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 regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Alternatively, the customer may submit the offer to the seller via e-mail.

2.3 The seller may accept the customer’s offer within five days: • by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, 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 payment from the customer after the customer has placed their order. If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the submission of the offer by the customer and ends at the close of the fifth day following the submission 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 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 (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 and selectable 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 When submitting an offer 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., e-mail, fax, or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.6 Before bindingly submitting the order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors is the browser’s magnification function, which enlarges the on-screen display. The customer can correct their entries using standard keyboard and mouse functions during the electronic ordering process until they click the button that completes the ordering process.

2.7 Various languages ​​are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.8 Order processing and communication generally take place via e-mail and automated order processing systems. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the seller can be received at that address. In particular, if SPAM filters are used, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to handle order processing 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 can be found in the seller’s instructions on the right of withdrawal.
 
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs incurred 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 via financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs relating to money transfers may also arise if the delivery is not made to a country outside the European Union but the customer initiates 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 the "PayPal" payment service is selected, payment processing is handled by PayPal; PayPal may also utilize the services of third-party payment service providers for this purpose. If the seller offers payment methods via PayPal that involve the seller providing the service or goods in advance of payment (e.g., purchase on account or payment by installments), the seller assigns the resulting payment claim to PayPal or to a payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer 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 at the agreed payment intervals. In this case, payment may only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries—for example, regarding the goods, delivery times, shipping, returns, complaints, notices and submissions of withdrawal, or credit notes.
4.5 If the "Sofortüberweisung" (instant bank transfer) 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 hold an online banking account enabled for "Sofortüberweisung," authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is executed by Klarna immediately thereafter, and the customer's bank account is debited. Further information regarding the "Sofortüberweisung" payment method is available online at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the "Wix Payments" service is selected, payment processing is handled by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter "Wix"). The specific payment methods offered via Wix are communicated to the customer in the seller's online shop. To process payments, Wix may utilize other payment services; special payment terms may apply to these, and the customer will be notified of such terms separately where applicable. Further information on Wix Payments is available online at https://de.wix.com/payments.
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5) Delivery and Shipping Terms
5.1 If the seller offers shipping, delivery shall be made to the delivery address specified by the customer within the delivery area indicated by the seller, unless otherwise agreed. The delivery address specified during the seller's order processing shall be decisive for the transaction. By way of exception, 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 does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. Regarding return costs, the provisions set out in the seller's instructions on the right of withdrawal shall apply in the event of an effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as a business, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the goods to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the customer only upon handover of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss or deterioration of the sold goods passes to the customer—even in the case of consumers—as soon as the seller has handed the goods over to the freight forwarder, carrier, or other person or entity designated to carry out the shipment, provided that the customer commissioned said freight forwarder, carrier, person, or entity to perform the shipment and the seller had not previously named that 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 of goods to the seller by its own suppliers. This applies only if the non-delivery is not attributable to the seller and the seller has exercised due care in concluding a specific covering transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately, and any payment made will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.
 
6) Retention of Title
If the seller makes advance performance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
 
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, statutory provisions regarding liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur: • the seller has the choice regarding the method of subsequent performance; • for new goods, the limitation period for claims based on defects is one year from the delivery of the goods; • for used goods, claims based on defects are excluded; • the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and reductions of time limits set out above do not apply: • to claims for damages and reimbursement of expenses made by the customer, • in the event that the seller has fraudulently concealed the defect, • to goods that have been used for a building in accordance with their customary use and have caused the defectiveness thereof, • to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, statutory limitation periods regarding any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant (*Kaufmann*) within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the customer is acting as a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery agent and to notify the seller accordingly. Failure to do so has no effect on the customer’s statutory or contractual claims regarding defects.
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8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims—including those arising in tort—for compensation for damages or expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds: • in the event of willful intent or gross negligence, • in the event of willful or negligent injury to life, body, or health, • based on a guarantee promise, unless otherwise stipulated in that regard, • based on mandatory 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 the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution 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 above liability provisions also apply to the Seller’s liability for its vicarious agents and legal representatives.
 
9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the Seller free of charge 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 shop and only within 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 such a restriction is indicated in the terms of the Promotional Voucher.

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

9.5 Only one promotional voucher may be redeemed per order.

9.6 If the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal 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 insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it accrue interest.
9.9 The promotional voucher will not be refunded if the customer returns goods paid for—in whole or in part—with the promotional voucher while exercising their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller may make payment with discharging 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 is unaware due to gross negligence, of the respective holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.
 
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") may only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and any remaining balances on gift vouchers may be redeemed until the end of the third year following the year of the voucher's purchase. Remaining balances are credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed prior to the completion of the order process. Retroactive offsetting is not possible.

10.4 Gift vouchers may only be used for the purchase of goods and not for the purchase of additional gift vouchers.
 
10.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.