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Terms of Service

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. granting of rights of use for digital contents
6. right of revocation
7. retention of title
8. liability for defects
9. redemption of gift vouchers
10. redemption of promotional vouchers
11. applicable law
12. information on online dispute resolution


1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Tesmar Stegmaier", trading as "Tesmar Zauberartikel" (hereinafter referred to as "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller for the goods offered by the Seller in his online store. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the supply of digital content, unless and to the extent that anything to the contrary has been expressly agreed.
1.3 For the purposes of these GTC, digital content shall be understood to mean all data not located on a physical data carrier which has been produced in digital form and which is provided by the Seller in accordance with these GTC.
1.4 These GTC shall apply accordingly to the purchase of vouchers if and to the extent that nothing to the contrary is expressly regulated.
1.5 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.6 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process, the customer makes a binding offer to purchase the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The Seller accepts the Customer's offer by the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- requesting payment from the customer after the order has been placed
or
- Delivery of the ordered goods
 
Decisive for the time of acceptance is the first occurred alternative.

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 shall constitute the rejection of the offer. The Customer shall then no longer be bound by its declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The contract text is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.

2.6 The contractual language is German.
2.7 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.

3 Prices and terms of payment
3.1 The displayed prices are final prices including the statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.


3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online store.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 5 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account in case of a negative credit check. The buyer is free to choose other methods of payment.
3.7 In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, the Seller offers payment options via Klarna for Germany and Austria.
In the case of selection by the customer, the payment is made to Klarna in each case:
- SOFORT bank transfer
- direct debit
- Klarna Invoice: In order to offer you the payment options of Klarna, we will transmit personal data, such as contact details and order data to Klarna. This allows Klarna to assess whether you can use the payment options offered through Klarna and to adapt the payment options to your needs. General information about Klarna is available >here< (link to https://www.klarna.com/de/). Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in >Klarna's Privacy Policy< (link to https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).

When buying on account with Klarna, the customer receives the goods first. The payment period is 14 days. The customer can find the terms and conditions for purchase on account for deliveries to Germany here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/en_de/invoice?fee=0
and the complete terms and conditions for purchase on account for deliveries to Austria can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/en_at/invoice?fee=0.
- Klarna installment purchase (only available in Germany): the monthly installments are at least 1/24 of the total amount of the purchase (but at least 6.95 EUR). The conditions otherwise stated in the checkout apply. For more information on Klarna Installment Purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, the customer can click here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/en_de/part_payment.
- Credit card (Visa/ Mastercard/ AmericanExpress)


The payment options are offered within Klarna Checkout. The customer can find more information and the terms of use for Klarna Checkout here:
for Germany: https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/en_de/checkout
for Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/en_at/checkout
General information about Klarna: https://www.klarna.com/de/.

The personal data of the customer will be processed by Klarna in accordance with the applicable data protection regulations and as specified in the Klarna Privacy Policy for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.

Note: Klarna is not responsible for the fulfillment of the legal information obligations of the seller to the customer. In particular, Klarna does not send the customer any information regarding the right of withdrawal for the contract between the merchant and the customer and no order confirmation. The Seller remains responsible for the fulfillment of the legal obligations regarding the contractual relationship between the Seller and the Customer.

The payment options are offered within the framework of Klarna Checkout. The customer can find more information and the terms of use for Klarna Checkout here:
for Germany: https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/en_at/checkout
for Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/en_at/checkout
General information about Klarna: https://www.klarna.com/de/.

The personal data of the customer will be processed by Klarna in accordance with the applicable data protection regulations and as specified in the Klarna Privacy Policy for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.

Note: Klarna is not responsible for the fulfillment of the legal information obligations of the seller to the customer. In particular, Klarna does not send the customer any information regarding the right of withdrawal for the contract between the merchant and the customer and no order confirmation. The Seller remains responsible for the fulfillment of the legal obligations regarding the contractual relationship between the Seller and the Customer.

4. delivery and shipping conditions
4.1 The delivery of goods by shipping is made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.

4.3 Self-collection is not offered.
4.4 Digital contents shall be provided to the customer exclusively in the following electronic form:
*by e-mail

 *by download
4.5 Vouchers are provided to the customer in the following form:
*by e-mail
 *by download

 *postally

5. granting of rights of use for digital contents
5.1 Unless otherwise stated in the information provided by the seller in the online store, the seller grants the customer the non-exclusive, temporally and locally unrestricted right to use the content provided for private and business purposes.
5.2 Any transfer of the ceded content to third parties or the creation of copies for third parties outside the scope of these GTC is prohibited. This shall not apply if the Seller has agreed to the transfer of the license to a third party or a third party.
5.3 Pursuant to Section 158 (1) of the German Civil Code (BGB), the granting of rights shall only become effective after full payment of the remuneration by the Customer. The Seller may provisionally permit the use of the ceded content even before this point in time. However, such provisional permission does not constitute a transfer of rights and may be revoked at any time.

6. right of revocation
6.1 If the Customer is a consumer, he shall generally have a right of revocation.
6.2 The right of revocation shall be governed by the Seller's revocation instructions.
6.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract do not have a right of withdrawal.

7. reservation of proprietary rights
If the seller makes advance performance, the goods remain the property of the seller until full payment of the purchase price.

8 Liability for defects
8.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.
- In the case of used goods, the warranty period shall be one year from delivery of the goods, notwithstanding the statutory provisions. The shortened one-year warranty period does not apply to

- in the case of goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
- in the case of damage attributable to the Seller resulting from injury to life, limb or health and in the case of damage caused by gross negligence or wilful misconduct, and
for other damage caused by an intentional or grossly negligent breach of duty by the Seller or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the User
- in the event that the Seller has fraudulently concealed the defect as well as in the event of claims pursuant to §§ 478, 479 BGB.
8.2 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.

9 Redemption of gift vouchers
9.1 Gift certificates purchased through the Seller's online store ("Gift Certificates") may also only be redeemed in the Seller's online store.
9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of the purchase of the Gift Voucher. Any remaining balances will be credited to the customer's gift certificate account until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
9.4 Several gift vouchers can be redeemed within one order.
9.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for by gift voucher.
9.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7 Credit balances on gift vouchers are not paid out and do not bear interest.
9.8 Gift vouchers are generally transferable.
The Seller may make payment with discharging effect to the Customer redeeming the respective Gift Voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.

10 Redemption of promotional vouchers
10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("Promotional Vouchers") can only be redeemed in the Seller's online store and only during the period specified by the Seller.
10.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotion voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
10.4 Several promotional vouchers can be redeemed within one order.
10.5 The value of the goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7 The credit balance of a promotional voucher shall neither be paid out nor shall interest be paid on it.
10.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
10.9 Promotion vouchers are generally transferable.
The Seller may make payment with discharging effect to the Customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.

11 Applicable law
11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
11.2 This choice of law made here shall not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

12. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

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