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Terms of service

Table of Contents
Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Contract Duration and Termination for Subscription Contracts for Goods
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Specific Customer Specifications
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Nunzio Cantelli & Michele Buscemi GbR (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with 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 rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, insofar as nothing deviating is agreed in this respect.

1.3 These GTC shall apply accordingly to contracts for the delivery of tickets, insofar as nothing expressly deviating is agreed in this respect. These GTC only govern the sale of tickets for certain events specified in more detail in the Seller’s item description and not the execution of these events. The execution of events is governed exclusively by statutory provisions between the participant and the organizer as well as, if applicable, deviating conditions of the organizer. If the Seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed professional activity.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership capable of acting in law, who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.6 The subject matter of the contract may – depending on the product description of the Seller – be either the supply of goods by way of a one-time delivery or the supply of goods by way of a continuous delivery (hereinafter “subscription contract”). In the subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract period at the contractually owed intervals.

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 submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer concerning the goods contained in the shopping cart by clicking the button that concludes the order process. Furthermore, the Customer can also submit the offer by email, via an online contact form, or by telephone to the Seller.

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 the Customer to pay after the Customer has submitted their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. 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 is deemed a rejection of the offer, with the consequence 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”), under the applicability of 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 – under the conditions 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 in the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button that completes the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is 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 dispatch of their order. Further provision of the contract text by the Seller does not occur. If the Customer has created a user account in the Seller’s online shop prior to submitting the order, the order data is archived on the Seller’s website and can be accessed by the Customer via their password-protected user account with the corresponding login data free of charge.

2.6 Before submitting the order via the Seller’s online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

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

2.8 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 at this address. In particular, the Customer must ensure, when using SPAM filters, that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

2.9 When ordering alcoholic beverages, the Customer confirms upon submitting the order that they have reached the legally required minimum age. The Seller ensures, using an age verification system, that the Customer has reached the legally required minimum age. Delivery of the goods therefore only takes place after prior successful age verification and authentication of the Customer.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs, if applicable, are specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via the payment service “PayPal” is selected, payment processing is carried out via PayPal, which may also use the services of third-party payment providers. If the Seller also offers payment methods via PayPal in which he advances the payment to the Customer (e.g., invoice purchase or installment payment), he hereby assigns his payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before acceptance of the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the Customer’s submitted data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative result of the credit check. If the selected payment method is allowed, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only render performance to PayPal or the payment service provider commissioned by PayPal with discharge effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credit notes, even in the case of assignment of claims.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use further payment services, for which specific payment conditions may apply, to which the Customer will be separately informed if necessary. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

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. In the execution of the transaction, the delivery address provided in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises his right of withdrawal. For return shipping costs in the event of effective exercise of the right of withdrawal, the provisions in the Seller’s withdrawal instructions shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to execute the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to execute the shipment, if the Customer has commissioned the carrier, freight forwarder, or other designated person or institution to execute the shipment and the Seller has not previously named this person or institution 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 only applies if the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

  • by download
  • by email
  • by post

5.7 Tickets are provided to the Customer as follows:

  • by download
  • by email
  • by post

6) Contract Duration and Termination for Subscription Contracts for Goods

6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, considering all circumstances of the individual case and balancing the interests of both parties, it is unreasonable to expect the terminating party to continue the contractual relationship until the agreed termination or until the end of a notice period.

6.3 Terminations can be made in writing, in text form (e.g., by email), or electronically via the termination mechanism (termination button) provided by the Seller on his website.

7) Retention of Title

If the Seller advances payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

8) Liability for Defects (Warranty)

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

8.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for defect claims is one year from delivery of the goods;
  • for used goods, defect claims are excluded;
  • the limitation period does not begin anew if a replacement delivery is made under warranty.

8.2 The above limitations of liability and reduction of periods do not apply:

  • for claims of the Customer for damages and reimbursement of expenses,
  • in cases where the Seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their usual use for a building and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of § 1 HGB, the commercial duty of inspection and complaint pursuant to § 377 HGB applies. If the Customer fails to fulfill the notification obligations regulated therein, the goods are deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and inform the Seller thereof. Failure to do so has no impact on their statutory or contractual warranty claims.

9) Liability

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

9.1 The Seller is fully liable for any legal reason:

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • due to a guarantee promise, unless otherwise stipulated,
  • due to mandatory liability, e.g., under the Product Liability Act.

9.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies according to the preceding paragraph. Essential contractual obligations are obligations imposed on the Seller by the contract to achieve the contractual purpose, the fulfillment of which makes proper execution of the contract possible at all and on whose observance the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

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

10) Special Conditions for the Processing of Goods According to Specific Customer Specifications

10.1 If the Seller owes, according to the contract, not only the delivery of goods but also the processing of the goods according to specific customer specifications, the Customer must provide the Seller with all content necessary for processing, such as texts, images, or graphics in the file formats, formatting, image, and file sizes specified by the Seller, and grant the necessary usage rights. The Customer is solely responsible for acquiring these contents and rights. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer ensures that no third-party rights are infringed, especially copyrights, trademarks, and personal rights.

10.2 The Customer shall indemnify the Seller against claims by third parties that may be asserted against him in connection with an infringement of their rights by the contractual use of the Customer’s content by the Seller. The Customer also assumes the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the Customer is not responsible for the legal violation. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for examining the claims and defense in the event of a third-party claim.

10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or good morals. This applies, in particular, to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

11) Redemption of Promotional Vouchers

11.1 Vouchers issued free of charge by the Seller within the framework of promotional campaigns with a specified validity period, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller’s online shop and only during the specified period.

11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

11.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

11.4 Only one Promotional Voucher can be redeemed per order.

11.5 If the Promotional Voucher refers to a specific value and not to 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.

11.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

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

11.8 The Promotional Voucher will not be refunded if the Customer returns goods that were paid for wholly or partially with the Promotional Voucher under his statutory right of withdrawal.

11.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by performing to the respective holder redeeming the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder’s lack of entitlement, incapacity, or lack of authorization to represent.

12) Redemption of Gift Vouchers

12.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

12.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.

12.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

12.4 Multiple Gift Vouchers may also be redeemed for a single order.

12.5 Gift Vouchers may only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

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

12.7 The balance of a Gift Voucher will neither be paid out in cash nor accrue interest.

12.8 The Gift Voucher is transferable. The Seller may discharge its obligation by performing to the respective holder redeeming the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder’s lack of entitlement, incapacity, or lack of authorization to represent.

13) Applicable Law

For all legal relations between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence.

14) Alternative Dispute Resolution

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

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