General terms and conditions with customer information
Table of contents
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1. scope of application
2. conclusion of contract
3. purchase on trial
4. right of withdrawal
5. prices and terms of payment
6 Delivery and shipping conditions
7. granting of rights of use for digital content
8. granting of rights of use for license keys
9. duration and termination of subscription contracts
10. reservation of title
11. liability for defects (warranty)
12. special conditions for the processing of goods according to specific customer specifications
13. special conditions for assembly/installation services
14. special conditions for repair services
15. redemption of promotional vouchers
16 Applicable law
17. place of jurisdiction
18. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company PSsystec GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to the delivery of the goods, the seller shall be obliged to provide digital content or digital services (hereinafter “digital products”) which are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 These GTC apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.4 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.5 These GTC apply accordingly to contracts for the provision of license keys, unless otherwise agreed. The seller is responsible for providing a license key for the use of the digital content or digital services described by it (hereinafter “digital products”) and for granting the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The respective product description of the seller is decisive for the quality of the digital product.
1.6 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.7 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.8 Depending on the seller's product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter “subscription contract”). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.
1.9 Depending on the content description of the seller, the subject of the contract can be both the one-off provision of digital content and the regular provision of digital content (hereinafter “subscription contract”). In the case of a subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
1.10 Components of the Seller's product range presented may - depending on the Seller's product description - be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter “Telecommunications Contract”) with a third-party provider (hereinafter “Service Provider”). In this case, the existence of the contract with the seller depends on the conclusion of a telecommunications contract with the service provider and on the fact that the telecommunications contract is not revoked by the customer. The relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply to the telecommunications contract. The seller merely acts as an intermediary for such contracts.
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 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 store. 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, post or online contact form.
2.3 The seller can 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), whereby the receipt of the order confirmation
- by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, 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, 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 and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button concluding the ordering process.
2.5 If the payment method “Amazon Payments” is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also places a payment order with Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.7 Before submitting a binding order via the seller's online order form, the customer can recognize 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 magnification 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 on the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contact are generally carried out by 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 the 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) Purchase on trial
3.1 If the option “order on approval” (purchase on trial) is selected, the contract is concluded on the condition that the customer approves the ordered goods within a period of fourteen days by express declaration (e.g. a letter sent by post, fax or e-mail) to the seller or that the customer does not reject the goods already handed over within a period of fourteen days by express declaration (e.g. a letter sent by post, fax or e-mail) to the seller. The approval period begins on the day after receipt of the goods by the customer.
3.2 During the approval period, the customer is entitled to inspect the goods delivered to him with regard to their condition, properties and functionality and to keep them for these purposes. In doing so, the customer must handle the goods with care with regard to a possible obligation to return them. If the customer uses the goods in a way that is not necessary to check their condition, properties and functionality, he shall be liable for any loss in value of the goods.
3.3 If the customer declares approval of the goods within the approval period or if he does not reject the goods within the approval period, he shall be obliged to pay the agreed purchase price to the seller. In this case, the buyer must transfer the agreed purchase price to the seller's bank account without delay, but at the latest within a period of seven days, unless otherwise agreed. The payment period shall commence on the day following the customer's declaration of approval or - if no express approval is given - on the day following the expiry of the approval period. Timely receipt of payment in the Seller's bank account shall be decisive for compliance with the deadline.
3.4 If the customer declares his rejection of the goods within the approval period, he must return the goods to the seller within a period of seven days at his own expense, unless otherwise agreed. The period for returning the goods begins on the day following the customer's declaration of rejection. The timely dispatch of the goods by the customer is sufficient to meet the deadline. The customer must use suitable transport packaging to avoid transport damage.
3.5 If the customer culpably breaches his duty of care and/or obligation to return the goods, he shall be obliged to compensate the seller for the resulting damage.
3.6 The customer's statutory right of withdrawal is not affected by the aforementioned provisions.
4) Right of withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contrac
5) Prices and terms of payment
5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
5.2 For deliveries to countries outside the European Union, further 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.
5.3 The payment option(s) will be communicated to the customer in the seller's online store.
5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5.5 If the payment method “SOFORT” is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then immediately carried out by “SOFORT” and the customer's bank account is debited. The customer can find more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
5.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store.
5.7 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store.
5.8 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal invoice" if the result of the check is negative. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only pay to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and revocations or credit notes. In addition, the general terms and conditions for the use of PayPal's purchase on account apply; these can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
5.9 If you select SEPA direct debit as your payment method, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Advance information ("pre-notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this.
5.10 If you select the “PayPal direct debit” payment method, PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to incorrect bank details being provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.
5.11 If the payment method is credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card is charged immediately after the customer's order is sent in the online shop. Even if the payment method credit card payment is selected, the seller remains responsible for general customer inquiries via PAYONE GmbH, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
5.12 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer's order has been sent in the online shop. Even if the payment method is credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
5.13 If the payment method is selected by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
6) Delivery and shipping conditions
6.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller 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 is decisive.
6.2 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 sending the goods if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs.
6.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
6.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with the necessary care. 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.
6.5 Self-collection is not possible for logistical reasons.
6.6 Digital content is provided to the customer as follows:
- by download
- by email
- by direct access via the entrepreneur's website
6.7 License keys are provided to the customer as follows:
- by download
- by email
- by display on the screen
7) Granting of rights of use for digital content
7.1 Unless the description of the content in the seller's online shop states otherwise, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided for private and commercial purposes.
7.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the license to the third party.
7.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the full amount owed. The seller can also provisionally permit the use of the content provided for the contract before this point in time. Such provisional permission does not result in a transfer of rights.
8) Granting of rights of use for license keys
8.1 The license key provided entitles the customer to use the digital product shown in the respective product description of the seller to the extent described therein.
8.2 If the license key refers to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the remuneration owed in full.
9) Contract duration and termination of subscription contracts
9.1 Subscription contracts are concluded for an unlimited period, but at least for the minimum term shown in the respective product description in the seller's online shop. The subscription contract can be terminated during the minimum term with a notice period of one month to the end of the minimum term and after the expiry of the minimum term at any time with a notice period of one month.
9.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing up the interests of both parties.
9.3 Terminations must be made in writing or in text form (e.g. by email).
10) Retention of title
If the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full
11) Liability for defects (warranty)
11.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:
11.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, the rights and claims due to defects are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
11.3 The liability limitations and shortening of time limits regulated 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, for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products,
- in the case of contracts for the delivery of goods with digital elements.
11.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
11.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
11.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.
11.7 The seller is not liable for defects in the implementation of the telecommunications contract, for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any contractual terms and conditions of the respective service provider that deviate from these apply.
12) Special conditions for the processing of goods according to specific customer specifications
12.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.
12.2 The customer indemnifies the seller against claims made by third parties in connection with an infringement of their rights through 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 in the statutory amount. This does not apply if the customer is not responsible for the violation of law. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for examining the claims and for a defense, immediately, truthfully and completely.
12.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.
13) Special conditions for assembly/installation services
If, according to the content of the contract, the seller is obliged to assemble or install the goods at the customer's premises in addition to delivering the goods and, if necessary, to carry out corresponding preparatory measures (e.g. taking measurements), the following applies:
13.1 The seller shall provide its services personally or through qualified personnel selected by it, as it chooses. The seller may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to carry out the desired service.
13.2 The customer must provide the seller with the information required to provide the service owed in full and truthfully, unless the procurement of this information is not part of the seller's obligations according to the content of the contract.
13.3 The seller will contact the customer after the contract has been concluded in order to agree a date for the service owed. The customer is responsible for ensuring that the seller or the personnel commissioned by the seller have access to the customer's facilities at the agreed time.
13.4 The risk of accidental loss and accidental deterioration of the goods sold only passes to the customer upon completion of the assembly work and handover to the customer.
14) Special conditions for repair services
If the seller is obliged to repair a customer's item according to the content of the contract, the following applies:
14.1 Repair services are provided at the seller's headquarters.
14.2 The seller provides its services personally or through qualified personnel selected by it, as it chooses. The seller can also use the services of third parties (subcontractors) who work on its behalf. Unless the seller's service description states otherwise, the customer has no right to select a specific person to carry out the desired service.
14.3 The customer must provide the seller with all information required to repair the item, unless the seller's procurement is not part of its obligations according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the fault and inform him of all circumstances that may be the cause of the fault identified.
14.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights he may have against the carrier.
14.5 The item is returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
14.6 The customer can also take the item to be repaired to the seller's place of business himself and pick it up again from there if this is stated in the seller's service description or if the parties have made a corresponding agreement on this. In this case, the above provisions on the assumption of costs and risk when shipping and returning the item apply accordingly.
14.7 The aforementioned regulations do not limit the customer's statutory rights in the event of a purchase of goods from the seller.
14.8 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
15) Redemption of promotional vouchers
15.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that 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.
15.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.
15.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
15.4 Only one promotional voucher can be redeemed per order.
15.5 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.
15.6 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 selected to pay the difference.
15.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
15.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his legal right of withdrawal.
15.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
16) Applicable law
16.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
16.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
17) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 is in any case entitled to appeal to the court at the customer's place of business.
18) Alternative dispute resolution
18.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
18.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.