Terms and Conditions

General terms and conditions with customer information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Contract duration and termination of subscription contracts
  7. Retention of title
  8. Liability for defects (warranty)
  9. Liability
  10. Redemption of promotional vouchers
  11. Redemption of gift vouchers
  12. Applicable law
  13. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Patrick Slaby, trading under "Piemont-Express" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 These Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These Terms and Conditions only govern the sale of tickets for specific events specified in the seller's item description, and not the execution of these events. The execution of events is subject exclusively to the statutory provisions governing the relationship between the participant and the organizer, as well as any deviating terms and conditions of the organizer. Unless the seller is also the organizer, they are not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4 A consumer within the meaning of these General Terms and Conditions 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.

1.5 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

1.6 Depending on the Seller's product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter "Subscription Contract"). In the case of a Subscription Contract, the Seller undertakes to deliver the contractually agreed goods to the Customer for the duration of the agreed contract term at the contractually agreed time intervals.

2) Conclusion of 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 to submit a binding offer by the Customer.

2.2 The customer can 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 completing 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 completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form, post, or telephone.

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 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 payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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 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 you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed 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 and conditions for payments without a PayPal account, available at https://www.paypal.com /de /webapps /mpp /ua /privacywax-full If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding 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 detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages ​​are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 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 correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that he or she has reached the legal minimum age.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs 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 through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(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 conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the “PayPal” payment service is selected, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the selected payment method to the customer if the check result is negative. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.7 If a payment method offered via the "Unzer" payment service is selected, payment processing will be carried out by the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: "Unzer"). The individual payment methods offered via Unzer will be communicated to the customer in the seller's online shop. Unzer may use the services of third-party payment service providers to process payments, for which special payment terms may apply, to which the customer will be informed separately if necessary. Further information about "Unzer" can be found online at https://www.unzer.com/de/zahlungsmethoden/ available.

4.8 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within the period specified on the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.

4.9 If SEPA Direct Debit is selected as the payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.

4.10 If the payment method "PayPal Direct Debit" is selected, PayPal will debit the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiration of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.

4.11 If you select the payment method by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.

5) Delivery and shipping conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified by the Seller during order processing shall be decisive for the processing of the transaction.

5.2 For goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 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 shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.4 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. 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 the consideration will be refunded immediately.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods from the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

  • via download
  • by email
  • by post

5.8 Tickets will be provided to the Customer as follows:

  • via download
  • by email
  • by post

6) Contract duration and termination of subscription contracts

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at the end of each month.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.

6.3 Notices of termination must be given in writing or in text form (e.g. by email).

7) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • For new goods, the limitation period for defects is one year from delivery of the goods;
  • In the case of used goods, rights and claims due to defects are excluded;
  • The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortening of deadlines set out above shall not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
  • for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

8.5 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

9) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation for any legal reason

  • in case of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • based on a guarantee promise, unless otherwise agreed,
  • due to mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

9.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

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

10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7 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.

10.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9 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 his statutory right of withdrawal.

10.10 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 eligibility of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

11.4 Multiple gift vouchers can be redeemed in one order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6 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 used to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash or bear interest.

11.8 The gift voucher is intended for use only by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder.

12) Applicable law

12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

13) Alternative dispute resolution

13.1 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 contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

13.2 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.