Terms of service

General Terms and Conditions

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Governing Law
Alternative Dispute Resolution
1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Robin Pleines, trading under "Roleplaygear.de – Robin Pleines" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.3 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 their commercial or independent professional activity.

 

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 rather serve the purpose of enabling the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual shopping cart and proceeded through 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. Furthermore, the Customer may also submit an offer to the Seller via 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), whereby the receipt of said order confirmation by the Customer shall be decisive; or
by delivering the ordered goods to the Customer, whereby the receipt of said goods by the Customer shall be decisive; or
by requesting payment from the Customer after the Customer has submitted their order.
If several of the aforementioned alternatives apply, the contract shall be deemed concluded at the point in time at which the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day following the Customer's submission of the offer and ends at the end 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 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 handled by 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, 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 for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that is 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 concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and is transmitted to the customer in text form (e.g., via email, fax, or letter) following the submission of the customer's order. The Seller does not make the text of the contract accessible to the customer beyond this transmission. If the customer has set up a user account in the Seller's online shop prior to submitting their order, the order data is archived on the Seller's website and can be retrieved by the customer free of charge via their password-protected user account by entering the corresponding login credentials.

2.6 Prior to the binding submission of an 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 tool for better detection of input errors can be the browser's magnification function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using standard keyboard and mouse functions until they click the button that finalizes the order.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing systems. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails 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 withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices listed are total prices that include statutory VAT. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

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

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

4.4 If "purchase on account" (payment by invoice) is selected as the payment method, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full—without any deductions—within the time limit specified on the invoice, unless otherwise agreed. The seller reserves the right to offer "purchase on account" only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction within the payment information provided in the online shop.

 

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery shall take place within the delivery area specified by the Seller, to the delivery address provided by the Customer, unless otherwise agreed. For the purpose of processing the transaction, the delivery address specified within the Seller's order processing system shall be authoritative.

5.2 For goods delivered by freight forwarder, delivery shall be made "curbside" (i.e., to the public curb nearest to the delivery address), unless the shipping information provided in the Seller's online shop indicates otherwise or unless otherwise agreed.

5.3 If the 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 shall not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. Regarding return shipping costs in the event of an effective exercise of the right of withdrawal by the Customer, the provisions set forth in the Seller's instructions on withdrawal shall apply.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall, in principle, pass to the Customer only upon delivery 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—even in the case of consumers—passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer commissioned said freight forwarder, carrier, or other designated person or entity to carry out the shipment and the seller had not previously named such person or entity to the customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in cases where the non-delivery is not attributable to the Seller and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of the unavailability—or only partial availability—of the goods, the Customer shall be informed immediately, and any consideration paid shall be refunded without delay.

5.6 For logistical reasons, self-collection is not possible.

6) Retention of Title

If the Seller performs in advance, the Seller retains title to the delivered goods until the full payment of the purchase price owed.

 

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory regulations regarding liability for defects shall apply. Notwithstanding the foregoing, the following provisions shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

the Seller shall have the choice regarding the method of subsequent performance;
for new goods, the limitation period for claims regarding defects shall be one year from the date of delivery of the goods;
for used goods, claims regarding defects shall be excluded;
the limitation period shall not recommence if a replacement delivery is provided within the scope of liability for defects.
7.2 The limitations of liability and reductions of time limits stipulated above shall not apply:

to claims for damages or reimbursement of expenses by the Customer;
in the event that the Seller has fraudulently concealed the defect;
to goods which, in accordance with their customary use, have been incorporated into a building structure and have caused defects in such structure;
to any existing obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods containing digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB shall apply to the Customer. If the Customer fails to fulfill the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to report goods delivered with obvious transport damage to the delivery carrier and to notify the Seller thereof. Should the customer fail to comply with this, it shall have no impact whatsoever on their statutory or contractual claims regarding defects.

8) Liability

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

8.1 The Seller shall be liable without limitation on any legal grounds:

in cases of intent or gross negligence;
in cases of intentional or negligent injury to life, body, or health;
based on a guarantee, insofar as nothing to the contrary has been stipulated in this regard;
based on mandatory statutory 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 unlimited liability applies pursuant to the preceding Clause. Material contractual obligations are obligations that the contract imposes upon the Seller—by virtue of its content—in order to achieve the purpose of the contract; the fulfillment of such obligations is a prerequisite for the proper execution of the contract and is something upon which the Customer may regularly rely.

8.3 In all other respects, any liability on the part of the Seller is excluded.

8.4 The foregoing provisions regarding liability shall also apply with respect to the Seller's liability for its vicarious agents and legal representatives.

9) Governing Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the laws of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution

10.1 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.

10.2 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.