Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of withdrawal
4. Prices and Terms of Payment
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special Terms and Conditions for the Processing of Goods in Accordance with Specific Customer Specifications
10. Special Terms and Conditions for Assembly/Installation Services
11. Special Terms and Conditions for Repair Services
12. Redeeming promotional vouchers
13. Redeeming gift vouchers
14. Applicable law
15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Florian Knauer, trading as “Pinball Garage” (hereinafter referred to as the “Seller”), apply to all contracts for the supply of goods which a consumer or business (hereinafter referred to as the “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These T&Cs apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity.

1.4 An ‘entrepreneur’ within the meaning of these General Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.

2) Conclusion of the 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 make 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 basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the customer may also submit the offer to the seller by email, via the online contact form, by post or by telephone.

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), in which case the date on which the order confirmation is received by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case the date on which the customer receives the goods is decisive, or
• by requesting payment from the customer following the submission of their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting 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 a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When an order is placed via the seller’s online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in writing (e.g. by email, fax or letter) once the customer has submitted their order. The seller will not make the text of the contract available in any other way. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions 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 is generally carried out automatically via email. 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 that address.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs, where applicable, are specified separately in the relevant product description.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the ‘purchase on account’ payment method is selected, the purchase price is due once the goods have been delivered and invoiced. In this case, the purchase price is payable in full within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer payment on account only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the Seller will inform the Customer of any such payment restriction in the payment information provided in the online shop.

5) Delivery and Shipping Terms

5.1 If the Seller offers to dispatch 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 system shall be decisive for the processing of the transaction.

5.2 For goods delivered by a haulage contractor, delivery shall be ‘kerbside’, i.e. to the nearest public kerb to the delivery address, unless otherwise stated in the dispatch information on the seller’s online shop and unless otherwise agreed.

5.3 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 the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the costs of returning the goods.

5.4 If the customer is a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the customer until the goods have been handed over to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.

5.5 If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this shall only apply if the failure to supply is not attributable to the seller and the seller has, with due care, concluded a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately and the payment shall be refunded without delay.

5.6 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no delivery charges will be incurred.

6) Retention of title

If the seller makes an advance delivery, they reserve title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.1 If the customer is a business,

• the seller may choose the method of subsequent performance;
• for new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
• in the case of second-hand goods, rights arising from defects are excluded;
• the limitation period does not recommence if a replacement delivery is made under the warranty for defects.

7.2 Where the customer is a consumer, the following applies to contracts for the supply of second-hand goods, subject to the restriction set out in the following paragraph: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortened limitation period before giving their consent to the contract.

7.3 The limitations of liability and shortened limitation periods set out above do not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• to goods which have been used in accordance with their normal intended use in a structure and have caused its defectiveness,
• to any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.

7.4 Furthermore, in the case of traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is a trader 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 in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.

7.6 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

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

8.1 The seller shall be liable without limitation on any legal ground

• in cases of wilful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee, unless otherwise specified in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the customer is a consumer resident in Germany or a business, the following limitations of liability shall apply:

If the seller negligently breaches a material contractual obligation, their liability shall be limited to the foreseeable damage typical for this type of contract, provided that they are not liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, for the fulfilment of the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely. In all other respects, the seller’s liability is excluded, unless he is liable without limitation in accordance with the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special terms and conditions for the processing of goods in accordance with the Customer’s specific specifications

9.1 Where, under the terms of the contract, the seller is obliged not only to deliver the goods but also to process them in accordance with specific customer specifications, the customer must provide the seller with all content required for such processing – such as texts, images or graphics – in the file formats, formatting, image and file sizes, and grant the Seller the necessary rights of use. The Customer is solely responsible for procuring this content and acquiring the necessary rights to it. The customer declares and accepts responsibility for ensuring that they have the right to use the content provided to the seller. In particular, they shall ensure that this does not infringe any third-party rights, in particular copyright, trade mark rights and personality rights.

9.2 The Customer shall indemnify the Seller against any claims by third parties which such third parties may assert against the Seller in connection with an infringement of their rights arising from the Seller’s use of the Customer’s content in accordance with the contract. In this regard, the Customer shall also bear the necessary costs of legal defence, including all court and lawyers’ fees at the statutory rate. This shall 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 in full with all information necessary for the assessment of the claims and for the defence.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose contravenes statutory or regulatory prohibitions or is contrary to public policy. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

10) Special Terms and Conditions for Assembly/Installation Services

If, under the terms of the contract, the Seller is obliged not only to deliver the goods but also to assemble or install them at the Customer’s premises, as well as to carry out any necessary preparatory work (e.g. taking measurements), the following shall apply:

10.1 The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the Seller. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s description of services, the Customer shall have no right to select a specific person to carry out the requested service.

10.2 The Customer must provide the Seller with all the information required for the performance of the service owed, in full and truthfully, provided that the procurement of such information does not fall within the Seller’s scope of obligations under the terms of the contract.

10.3 Following the conclusion of the contract, the Seller shall contact the Customer to agree on a date for the performance of the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer’s relevant premises on the agreed date.

10.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the installation work has been completed and the goods have been handed over to the customer.

11) Special Terms and Conditions for Repair Services

If, under the terms of the contract, the Seller is obliged to repair an item belonging to the Customer, the following shall apply:

11.1 Repair services shall be carried out at the Seller’s registered office.

11.2 The seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the seller. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller’s description of services, the customer shall have no right to select a specific person to carry out the requested service.

11.3 The customer must provide the seller with all information necessary for the repair of the item, provided that, according to the terms of the contract, the provision of such information does not fall within the seller’s scope of obligations. In particular, the customer must provide the seller with a comprehensive description of the fault and inform the seller of all circumstances that may have caused the fault identified.

11.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s registered office at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer dispatch the item in suitable transport packaging in order to reduce the risk of damage in transit and to conceal the contents of the packaging. The seller shall inform the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the carrier.

11.5 The cost of returning the item shall be borne by the customer. The risk of accidental loss or accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable carrier at the Seller’s registered office. At the customer’s request, the seller shall take out transport insurance for the item.

11.6 The customer may also deliver the item requiring repair to the seller’s registered office themselves and collect it from there, provided this is specified in the seller’s description of services or the parties have reached a corresponding agreement in this regard. In this case, the above provisions regarding the bearing of costs and risk in connection with the dispatch and return of the goods shall apply mutatis mutandis.

11.7 The aforementioned provisions do not limit the Customer’s statutory rights in respect of defects in the event of the purchase of goods from the Seller.

11.8 The seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

12) Redemption of promotional vouchers

12.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online shop and only during the specified period.

12.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is specified in the terms of the promotional voucher.

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

12.4 Only one promotional voucher may be redeemed per order.

12.5 Where the promotional voucher refers 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 credit will not be refunded by the seller.

12.6 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.

12.7 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.

12.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher within the scope of their statutory right of withdrawal.

12.9 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 shall not apply if the seller is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

13) Redemption of gift vouchers

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

13.2 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.

13.3 The credit balance of a gift voucher shall not be paid out in cash nor shall it accrue interest.

13.4 The gift voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This shall not apply if the Seller is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

14) Governing Law

All legal relationships between the parties shall be governed by the law of the USA, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

15) Alternative Dispute Resolution

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