General Terms and Conditions

General Terms and Conditions

for the online shop at the URL

https://www.labelmycontent.com

operated by

Sezgin Güven
Reinhold-Schneider-Weg 20
41068 Mönchengladbach
E-mail: hello@labelmycontent.com
Telephone number: 0172-1783937

- hereinafter: Provider -

 

1. Scope of Application

These General Terms and Conditions (GTC) shall apply, once incorporated, to all contracts concluded for the purchase of goods, services or other items (hereinafter “Goods”) in the online shop at the above-mentioned URL, in the version applicable at the time the contract is concluded. These GTC shall apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the Goods offered in the shop.

2.2 The Goods are ordered via the Provider’s online order form. After selecting the desired Goods, entering all requested mandatory information and completing all other mandatory steps in the ordering process, the selected Goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding offer to conclude a contract for the purchase of the selected Goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written or text form (e.g. by e-mail) and this order confirmation reaches the customer, or when the Provider delivers the ordered Goods and these Goods reach the customer, or when the Provider requests the customer to make payment (e.g. by invoice or credit card payment during the ordering process) and the payment request reaches the customer; the relevant time for the conclusion of the contract is the time at which one of the alternatives mentioned in the first sentence occurs first.

2.3 Before submitting the order in a binding manner via the Provider’s online order form, the customer may check their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once again in a confirmation window before the order is submitted in a binding manner and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 After the contract has been concluded, the Provider will save the contract text and transmit it to the customer in text form (e.g. by e-mail). The Provider will not make the contract text accessible in any further manner. If the purchase was made through a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for concluding the contract: German, English, Spanish, Italian, Portuguese

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3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal in the case of contracts concluded outside business premises and distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity. Details can be found in the withdrawal instructions, which are made available to every consumer at the latest immediately before the contract is concluded.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order shall apply. All prices include statutory value-added tax plus any shipping costs stated. The customer will be informed in the Provider’s online shop about the payment methods available.

4.2 If payment by credit or debit card has been agreed, the purchase price shall be due immediately after conclusion of the contract.

4.3 If payment via “PayPal” has been agreed, the purchase price shall be due immediately after conclusion of the contract. 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.

4.4 If “Apple Pay” is selected as the payment method, payment processing is carried out via the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment shall be due immediately after conclusion of the contract.

4.5 If “Google Pay” is selected as the payment method, payment processing is carried out via Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment shall be due immediately after conclusion of the contract.

4.6 If “VISA” is selected as the payment method, payment processing is carried out via Visa Europe Services Inc., London branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment shall be due immediately after conclusion of the contract.

4.7 If “Klarna” is selected as the payment method, payment processing is carried out via Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g. payment by instalments, payment by invoice). Unless otherwise stated, payment shall be due immediately after conclusion of the contract.

5. Retention of Title

The purchased Goods shall remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery shall be made within the delivery period stated in the online shop to the delivery address specified by the customer. The applicable delivery periods can be found in the online shop.

6.2 Self-collection of the purchased Goods is excluded.

6.3 If the Provider cannot deliver the ordered Goods because, through no fault of its own, it has not itself been supplied, although it has concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer without undue delay of the impossibility of performance. Any consideration already provided by the contractual partner shall be refunded without undue delay. Mandatory consumer law shall remain unaffected by this paragraph.

7. Warranty

The statutory provisions on liability for defects shall apply.

8. Liability and Indemnification

8.1 The Provider shall be liable without limitation:

• for damages resulting from injury to life, body or health based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• on the basis of a guarantee promise, insofar as no other provision has been made in this regard;
• on the basis of mandatory liability (e.g. under the Product Liability Act)

8.2 If the Provider negligently breaches an essential contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding paragraph. Essential contractual obligations are obligations which, according to the content of the contract, the contract imposes on the Provider in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.

8.3 In all other respects, the liability of the Provider and the liability of its vicarious agents and legal representatives shall be excluded.

8.4 The customer shall indemnify the Provider against any third-party claims—including the statutory costs of legal defence—asserted against the Provider on the basis of unlawful or contractual breaches by the customer.

9. Data Protection

The Provider shall treat its customers’ personal data confidentially and in accordance with the statutory data protection provisions. Further details can be found in the Provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer habitually resident in the EU being deprived of the protection afforded by mandatory statutory provisions of the law of their state of residence. 

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This shall also apply if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

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

Our e-mail address can be found in the heading of these GTC.