GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

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. Special conditions for the processing of goods according to certain specifications of the customer
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Jurisdiction
13. Alternative dispute resolution

§ 1 Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Cube7 AG (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to the purchase of vouchers, unless otherwise expressly agreed.

1.3 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 store do not constitute binding offers on the part of the Seller, but serve for the submission of 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 store. In doing so, after placing the selected goods in the virtual shopping cart and going through 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 concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or online contact form.

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 e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which 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 end 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If the payment method "PayPal Express" is selected, the payment will be processed 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 Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/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/webapps/mpp/ua/privacywax-full.

If the customer selects "PayPal Express" as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting his order.

2.6 Before bindingly submitting the order via the Seller's online order form, 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 can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Only the German and English languages are available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

§ 3 Right of withdrawal

3.1 Consumers are generally entitled to a right of revocation.

3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not nationals of a Member State of the European Union at the time the contract is concluded and whose exclusive place of residence and delivery address were outside the European Union at the time the contract was concluded.


§ 4 Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment can be made in one of the ways mentioned in the online store of the seller.

4.3 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.

4.4 The payment option(s) will be communicated to the Customer in the Seller's online store.

4.5 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.6 If payment is made by means of a payment method offered by PayPal, the payment shall be processed 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 Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.7 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/abrufen.

4.8 When selecting the payment method "PayPal Invoice", the seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall perform a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in case of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims. In addition, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account shall apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.9 If the payment method "PayPal Direct Debit" is selected, PayPal shall collect the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback if he is responsible for this.


§ 5 Delivery and Shipping Conditions

5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

  • by e-mail
  • by mail


§ 6 Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.


§ 7 Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.


§ 8 Special conditions for the processing of goods according to certain specifications of the customer

8.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer shall provide the Operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the rights of use required for this purpose.

The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.

8.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular in the event of the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.


§ 9 Redemption of promotional vouchers

9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

9.2 Promotion Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.

9.10 The promotional voucher is transferable. The Seller may provide the service with discharging effect to the respective owner who redeems the campaign voucher in the Seller's online store. This shall not apply if the Seller is aware of the non-entitlement, legal incapacity or lack of right of representation vis-à-vis the respective owner or ignores it due to gross negligence.


§ 10 Redemption of gift vouchers

10.1 Gift certificates that can be purchased through the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store, unless otherwise stated in the gift certificate.

10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before the order process is completed. 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 additional gift vouchers.

10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

10.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.


§ 11 Applicable law

11.1 All legal relationships between the parties shall be governed by the laws of the Swiss Confederation to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11.2 Furthermore, this choice of law with regard to the right of withdrawal shall not apply to consumers who are not nationals of a Member State of the European Union at the time of conclusion of the contract and whose exclusive place of residence and delivery address at the time of conclusion of the contract is outside the European Union.


§ 12 Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Swiss Confederation, 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 Swiss Confederation, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity.

In the above cases, however, the Seller shall in any case be entitled to apply to the court at the Customer's place of business.


§ 13 Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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