General terms and conditions
1) Scope of application
1.1 These General Terms and Conditions of Business (hereinafter referred to as “GTC”) of Matthiessen & Beier GbR, acting under the name of “Queen Mother” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of digital content, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.3 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 For contracts for the delivery of tickets, these GTC shall apply accordingly, unless expressly provided otherwise. These GTCs only regulate the sale of tickets for certain events specified in more detail in the seller’s article description and not the execution of these events. For the execution of the events, the legal provisions in the relationship between the customer and the organizer as well as any terms and conditions of the organizer deviating from these shall apply exclusively. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.5 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. Entrepreneur in the sense 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 his commercial or independent professional activity.
1.6 Digital contents in the sense of these GTC are all data not contained on a physical data carrier, which are produced in digital form and provided by the Seller under the granting of certain rights of use regulated in more detail in these GTC.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using 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 with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
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, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry 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 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending his order, the order data will be 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.
2.5 Before bindingly placing an order via the seller’s online order form, the customer can identify 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact are usually 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) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller’s revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 The customer will be informed of the payment option/s in the seller’s online shop.
4.3 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the Seller’s order processing is decisive for the transaction.
5.2 If the 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 shall not apply with regard to the costs of the return shipment if the Customer effectively exercises his right of revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller’s revocation instruction shall apply to the costs of return shipment.
5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller’s place of business after consultation with the seller. In this case no shipping costs will be charged.
5.4 Digital contents are provided to the customer exclusively in electronic form as follows:
– by download
5.5 Vouchers are provided to the customer as follows:
– by e-mail
– by mail
5.6 Tickets are provided to the customer as follows:
– by e-mail
6) Granting rights of use for digital content
6.1 Unless otherwise stated in the DeepL description in the Seller’s online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of time and place, to use the content provided exclusively for private purposes.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents even before this time. Such provisional permission does not constitute a transfer of rights.
7) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.8.2 Deviating from this applies to used goods: Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year shall not apply
– for items which have been used for a building in accordance with their normal use and have caused its defectiveness,
– for claims for damages and reimbursement of expenses of the customer, and
– in the event that the seller has fraudulently concealed the defect.
8.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9) Redemption of promotion vouchers
9.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
9.5 Only one promotion voucher can be redeemed per order.
9.6 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotion 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.
9.8 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
9.9 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.10 The promotion voucher is transferable. The seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.
10) Redeeming 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 in the voucher.
10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
10.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen 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 only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective gift certificate holder.
11) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.