Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Special Conditions for Processing Goods According to Customer Specifications
  9. Redemption of Promotional Vouchers
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Alternative Dispute Resolution
  1. Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Joe Willenweber, trading as "Atmosfera" (hereinafter "Seller"), apply to all contracts for the delivery of goods entered into by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise specified.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

  1. Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. 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 for the goods contained in the shopping cart by clicking the button that concludes 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 (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
  • delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
  • requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be 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 (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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal-offered payment method selectable during the online ordering process, the Seller declares acceptance of the Customer's offer already at the moment the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing will be carried out 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 Terms of Use, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, the Customer simultaneously issues a payment order to Amazon. In this case, the Seller declares acceptance of the Customer's offer already at the moment the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer's order has been submitted. The Seller does not make the contract text accessible beyond this.

2.7 Before bindingly submitting the 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 means of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until clicking the button that concludes the ordering process.

2.8 German is the only language available for concluding the contract.

2.9 Order processing and contact are generally carried out via email and automated order processing. 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 process the order can be delivered.

  1. 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 instructions.

  1. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, currency exchange fees) or import duties or taxes (e.g. customs duties). Such costs relating to money transfers may also arise even if delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller advances payment to the Customer (e.g. purchase on account or installment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries even in the event of assignment of claims, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.6 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the Customer must have an online banking account activated for participation in "SOFORT," must identify themselves accordingly during the payment process, and must confirm the payment instruction to "SOFORT." The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited. The Customer can obtain further information on the "SOFORT" payment method on the internet at https://www.klarna.com/sofort/.

4.7 If the direct debit payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The direct debit payment method requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom ("Masterpayment"). If, after the credit check, the Customer is permitted to use direct debit, payment processing will take place in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG"), to which the Seller assigns its payment claim. In this case, net-m privatbank 1891 AG is revocably authorized to collect the invoice amount from the Customer's specified account. In the event of assignment, payment can only be made to net-m privatbank 1891 AG with discharging effect. The direct debit is carried out when the ordered goods leave the Seller's warehouse. Even when the direct debit payment method is selected via Masterpayment, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

  1. Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.

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. This does not apply to the costs of shipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provision made in the Seller's withdrawal instructions applies if the Customer effectively exercises their right of withdrawal.

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 freight forwarder, the carrier, or the person or institution otherwise 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 generally only passes upon handover of the goods to the Customer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the 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.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply by its own suppliers. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with the due care required. 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 any consideration already provided will be reimbursed without delay.

5.5 Self-collection is not possible for logistical reasons.

  1. Retention of Title

If the Seller provides advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

  1. Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. The following applies to contracts for the delivery of goods, by way of derogation:

7.2 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • the limitation period for defects in new goods is one year from delivery of the goods;
  • for used goods, rights and claims for defects are excluded;
  • the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.

7.3 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods, subject to the limitation in the following item: the limitation period for claims for defects is one year from delivery of the goods, if this has been expressly and separately agreed contractually between the parties and the Customer was specifically informed of the shortened limitation period before making their contractual declaration.

7.4 The above-regulated limitations of liability and shortened periods 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,
  • to goods that have been used in accordance with their customary use for a building and have caused the defectiveness thereof,
  • to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.5 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.6 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty of inspection and notification pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.7 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery carrier and to notify the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

  1. Special Conditions for Processing Goods According to Customer Specifications

8.1 If, according to the content of the contract, the Seller owes not only delivery of the goods but also processing of the goods according to specific customer requirements, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, and image and file sizes specified by the Seller, and must grant the Seller the necessary usage rights. The Customer is solely responsible for procuring these contents and acquiring the rights to them. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are thereby infringed, especially copyright, trademark, and personal rights.

8.2 The Customer shall indemnify the Seller against third-party claims that may be asserted against the Seller in connection with an infringement of their rights through the Seller's contractual use of the Customer's content. In doing so, the Customer also assumes the necessary costs of legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to immediately, truthfully, and completely provide the Seller with all information necessary to examine the claims and for a defense.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifying violence.

  1. Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, and which 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.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 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 settle the difference.

9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher as part of their statutory right of withdrawal.

9.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

  1. Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining credit balances will be credited to the Customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is grossly negligent in not having knowledge, of the holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

  1. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the law on the international sale of 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 country in which the consumer has their habitual residence.

  1. 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

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

One thing worth flagging: this document was clearly originally written for a different business (references to "ltur" travel-related config in your workspace aside, the AGB itself mixes furniture-shop content like "Atmosfera"/"Nova" with payment providers and clauses that may not all apply to your actual setup, e.g. the direct debit/Masterpayment section). Since this is a legally binding customer-facing document, I'd recommend having a lawyer familiar with German e-commerce law (§ 312 ff. BGB, TMG, etc.) review the final version before publishing it, especially the payment method sections to make sure they match what you actually offer.