Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Contractual Right of Withdrawal for Entrepreneurs
  5. Prices and Terms of Payment
  6. Terms of Delivery and Shipping
  7. Retention of Title
  8. Liability for Defects (Warranty)
  9. Liability
  10. Applicable Law
  11. Place of Jurisdiction
  12. Code of Conduct
  13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Büroservice Hübner GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of goods with digital elements, unless otherwise provided in this respect. In such cases, in addition to the supply of the goods, the Seller owes the provision of digital content or digital services (hereinafter “digital products”) that are incorporated in or interconnected with the goods in such a way that the goods could not perform their functions without them.

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

2) Conclusion of the 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 as an invitation to 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. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, by fax, via the online contact form, by post or by 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), in which case receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
  • by requesting the Customer to make payment after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer has sent the offer 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 is processed 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 User Agreement, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares its acceptance of the Customer’s offer at the moment at which the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed 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 User Agreement, which can be viewed at https://pay.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 at the same time also issues a payment order to Amazon. In this case, the Seller hereby declares its acceptance of the Customer’s offer at the moment at which the Customer triggers the payment transaction by clicking the button that concludes the ordering process.

2.6 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does 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 their order, the order data are archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.7 Before bindingly placing the 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 of better identifying input errors may 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 they click the button that concludes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific choice of languages is displayed in the online shop.

2.9 Orders are generally processed automatically by e-mail. The Customer must ensure that the e-mail address provided by them for processing the order is correct, so that the e-mails sent by the Seller can be received at this address.

3) 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 instructions on withdrawal.

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

4) Contractual Right of Withdrawal for Entrepreneurs

If the Customer acts as an entrepreneur, the Seller grants the Customer a contractual right of withdrawal in accordance with the following conditions:

4.1 The Customer has the right to withdraw from the contract within 30 days without giving any reason.

The withdrawal period is 30 days from the day on which the Customer, or a third party other than the carrier and designated by the Customer, has taken possession of the last good.

4.2 To exercise their right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement in text form (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

4.3 If the Customer withdraws from the contract in due form and in due time, the Seller shall reimburse the Customer the purchase price paid, but not the costs of the outward shipment or any costs incurred for the payment method chosen by the Customer. The purchase price shall be repaid within fourteen days from the day on which the Seller received the notice of withdrawal from the contract.

4.4 The Seller may withhold repayment until it has received the goods back in full.

4.5 The Customer shall send back the goods or hand them over to the Seller without undue delay and in any event not later than fourteen days from the day on which the Customer informs the Seller of the withdrawal from the contract. The deadline is met if the Customer sends the goods before the period of fourteen days has expired.

4.6 The Customer is liable for any loss in value of the goods in accordance with the statutory provisions.

4.7 The Customer bears the costs and the risk of returning the goods.

5) Prices and Terms of Payment

5.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices which include statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

5.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also be incurred 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.

5.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

5.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which it makes advance performance vis-à-vis the Customer (e.g. purchase on account or payment by instalments), it 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 declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result of the check. 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 with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and return consignments, or credit notes.

5.6 If the payment method "Sofortüberweisung" (Sofort bank transfer) is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", must identify themselves accordingly during the payment process and must confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer’s bank account is debited. Further information on the payment method "Sofortüberweisung" can be obtained by the Customer on the internet at https://www.klarna.com/sofort/.

5.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2. Etage, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”) The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Shopify may use other payment services, for which special terms of payment may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/de.

5.8 If a payment method offered via the payment service "Mollie" is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter: “Mollie”). For the processing of payments, Mollie may use other payment services, for which special terms of payment may apply, to which the Customer may be referred separately. Further information on "Mollie" is available on the internet at https://www.mollie.com/de/.

5.9 If a payment method offered via the payment service "VR Payment" is selected, payment is processed by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: “VR Payment”). The individual payment methods offered via VR Payment will be communicated to the Customer in the Seller’s online shop. For the processing of payments, VR Payment may use the services of third-party payment service providers, for which special terms of payment may apply, to which the Customer may be referred separately. Further information on "VR Payment" is available on the internet at https://www.vr-payment.de/produkte/e-commerce-payment.

5.10 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within the period stated on the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

5.11 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 30 days of the invoice date to Klarna AB, Sveavägen 46,11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the Customer is permitted to use the payment method purchase on account after the credit check, payment is processed in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, the Customer can only make payment with debt-discharging effect to Klarna AB. Otherwise, the General Terms and Conditions of Klarna AB apply in this respect, which the Customer can access during the ordering process. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

5.12 If the payment method “PayPal Rechnung” (PayPal invoice) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the Customer the payment method “PayPal Rechnung” in the event of a negative result of the check. If the payment method “PayPal Rechnung” is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, the Customer can only make payment with debt-discharging effect to PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and return consignments, or credit notes. In addition, the General Terms of Use for PayPal’s purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5.13 If a payment method offered via the payment service “Klarna” is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms in this regard can be viewed here:

www.trevolina.com/pages/pago-y-envio

6) Terms of Delivery and Shipping

6.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

6.2 In the case of goods delivered by freight forwarder, delivery is made "free kerbside", i.e. up to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.

6.3 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 with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. With regard to the return costs, if the Customer effectively exercises the right of withdrawal, the provision made in this respect in the Seller’s instructions on withdrawal applies.

6.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, even in the case of consumers, as soon as the Seller has handed over the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

6.5 If the Customer acts as a consumer with their seat in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller by its own suppliers. However, this only applies in the event that the Seller is not responsible for the non-delivery and has, with due care, concluded a specific covering purchase with the supplier. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

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

7) Retention of Title

7.1 In relation to consumers, the Seller retains title to the goods delivered until the purchase price owed has been paid in full.

7.2 In relation to entrepreneurs, the Seller retains title to the goods delivered until all claims arising from an ongoing business relationship have been settled in full.

7.3 If the Customer acts as an entrepreneur, the following also applies:

In the event of processing of the goods delivered, the Seller shall be deemed the manufacturer and acquires ownership of the newly created goods. If the processing is carried out together with other materials, the Seller acquires ownership in the ratio of the invoice value of its goods to that of the other materials. If, in the event of the combination or mixing of the Seller’s goods with an item of the Customer, the latter is to be regarded as the main item, co-ownership of the item passes to the Seller in the ratio of the invoice value of the Seller’s goods to the invoice value or – in the absence of such – to the market value of the main item. In these cases, the Customer shall be deemed the custodian.

The Customer may neither pledge nor transfer by way of security items subject to retention of title or retention of rights. The Customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment applies irrespective of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations towards the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

The Customer must notify the Seller immediately of any access by third parties to the goods owned or co-owned by the Seller or to the assigned claims. The Customer must immediately pass on to the Seller any amounts collected by it that have been assigned to the Seller, insofar as the Seller’s claim is due.

If the value of the Seller’s security interests exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding portion of the security interests at the Customer’s request.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the supply of goods:

8.1 If the Customer acts as an entrepreneur,

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

8.2 If the Customer acts as a consumer, the following applies to contracts for the supply of used goods, subject to the restriction set out in the following clause: the limitation period for claims for defects is one year from delivery of the goods, provided that this has been expressly and separately agreed contractually between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

8.3 The limitations of liability and shortened periods set out above do not apply

  • to claims of the Customer for damages and reimbursement of expenses,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

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

8.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer is subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, the Customer is requested to make a complaint to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever 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 claims in tort, for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation on any legal grounds

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise provided in this regard,
  • on the basis of mandatory liability, such as under the Produkthaftungsgesetz (German Product Liability Act).

9.2 If the Customer acts as a consumer with their seat in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless it is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content 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 on compliance with which the Customer may regularly rely. Otherwise, any liability of the Seller is excluded, unless it is liable without limitation in accordance with the preceding clause.

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

10) Applicable Law

10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

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

11) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its seat outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s seat.

12) Code of Conduct

13) Alternative Dispute Resolution

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