General Terms and Conditions

General Terms and Conditions with Customer Information

1. scope of application

2. conclusion of contract

3. prices and terms of payment

4. delivery and shipping conditions

5. right of revocation

6. retention of title

7. liability for defects

8. applicable law

9. place of jurisdiction

10. information on online dispute resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "eQurLAB UG (haftungsbeschränkt)" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online store. The inclusion of the Customer's own terms and conditions is objected to, unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3 An entrepreneur 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 presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.

2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing are recorded.

At the end of the ordering process, a summary of the order and contract data appears.

Only after confirming this order and contract data by clicking on the button concluding the order process, the customer submits a binding offer to purchase the goods contained in the shopping cart.

2.3 The seller accepts the offer of the customer by the following possible alternatives:

- sending a written order confirmation or an order confirmation in text form (fax or e-mail)

or

- requesting payment from the customer after placing the order

or

- Delivery of the ordered goods

Decisive for the time of acceptance is the first occurred alternative.

The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute the rejection of the offer. The Customer shall then no longer be bound by its declaration of intent.

2.4 If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, in deviation from the above provisions. 2.5.

2.5 If the customer selects the payment method "Amazon Payments" for the payment of his purchase, he submits his offer by clicking the button concluding the ordering process. If the customer also issues the payment order to Amazon at the same time by clicking this button, the seller declares acceptance of the customer's offer at the time of issuing the payment order, in deviation from the above provisions.

2.6 The contract text of the respective contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.7 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.

2.8 The contractual language is German.

2.9 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.

3. prices and terms of payment

3.1 The displayed prices are final prices including the legal sales tax, unless otherwise agreed.

If additional shipping costs are incurred, this can be found in the product description.

3.2 The customer can select the payment methods that are available in the online store.

3.3 In case of prepayment by bank transfer, the payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.4 In case of payment by "SOFORT", the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to use the payment method, the customer needs an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", with which he can legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment will be executed immediately after completion of the payment process by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.

4. delivery and shipping conditions


4.1 The delivery of goods by mail order shall be made to the delivery address

the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.

4.3 The self-collection is not offered.

5. right of revocation


5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The right of withdrawal is governed by the seller's cancellation policy.

5.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract do not have a right of revocation.

6. retention of title


If the seller makes advance performance, the goods remain the property of the seller until full payment of the purchase price.

7 Liability for defects


7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.2 The customer is requested to complain about delivered goods with obvious transport damages to the delivery person and to inform the seller about this. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.

8. applicable law


8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

8.2 This choice of law made here shall not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

9. 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 registered office of the seller.
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 this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's place of business.

10. information on online dispute resolution


The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

English