Terms of service
This is a courtesy translation. In case of discrepancies, the German version shall prevail.
General Terms and Conditions with Customer Information
Table of Contents
- Scope of application
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of DRINI GmbH (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 their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless something different is regulated.
1.3 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 to their independent professional activity.
1.4 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 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 as a basis for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In this case, after placing the selected goods in the virtual shopping cart and completing 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 completes the ordering process.
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 (in which case the Customer's receipt of the order confirmation shall be decisive), or by delivering the ordered goods to the Customer (in which case the Customer's receipt of the goods shall be decisive), or by requesting the Customer to make payment after placing their order.
2.4 If a payment method offered by PayPal is selected, the 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.
2.5 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller after the conclusion of the contract and transmitted to the Customer in text form after they have sent their order.
2.6 Only the German language is available for the conclusion of the contract.
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 Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the "PayPal" payment service is selected, the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers.
4.5 If the "SOFORT" payment method is selected, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich.
4.6 If a payment method offered via the "Klarna" payment service is selected, the payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.
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.
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 item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk shall generally pass only upon handover of the goods to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer by email.
6) Retention of Title
If the Seller makes advance performance, they retain title to the delivered goods until the full payment of the owed purchase price.
7) Liability for Defects (Warranty)
7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply.
7.2 If the Customer acts as an entrepreneur, the Seller has the choice regarding the type of subsequent performance; for new goods, the limitation period for defects is one year from delivery of the goods.
7.3 The limitations of liability and shortened periods regulated above do not apply to the Customer's claims for damages in the event that the Seller has fraudulently concealed the defect.
7.4 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof.
8) Redemption of Promotional Vouchers
8.1 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 within the specified period.
8.2 Individual products may be excluded from the voucher promotion.
8.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
8.4 Only one Promotional Voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
8.6 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 chosen to settle the difference.
8.7 The balance of a Promotional Voucher will neither be paid out in cash nor earn interest.
8.8 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 their statutory right of withdrawal.
8.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop.
9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase.
9.3 Gift Vouchers can only be redeemed before completing the ordering process.
9.4 Several Gift Vouchers may also be redeemed in one order.
9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods may be chosen.
9.7 The balance of a Gift Voucher will neither be paid out in cash nor earn interest.
9.8 The Gift Voucher is intended only for use by the person named on it.
10) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on 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 law of the state in which the consumer has their habitual residence.
11) 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 shall be the Seller's place of business.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.