Terms & Conditions
1. Scope
(1) These Terms and Conditions apply to the sale of goods by mypado GmbH, Zinkhüttenweg 17, 44143 Dortmund (hereinafter referred to as “we” or “us”) to the customer (hereinafter referred to as the “Customer” or “you”/“your”) in our online shop.
(2) Deviating and/or supplementary terms and conditions of the Customer shall not become part of the contract.
2. Distinction between Businesses and Consumers
(1) Some provisions of these T&Cs do not apply to all customers, but only to consumers or only to businesses. Where this is the case, it is specifically indicated at the relevant point in these T&Cs.
(2) “Consumer” within the meaning of these T&Cs is, in accordance with the legal definition in Section 13 of the German Civil Code (BGB), any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
(3) “Business” within the meaning of these T&Cs is, in accordance with the legal definition in Section 14 of the German Civil Code (BGB), any natural or legal person or a partnership with legal capacity who enters into a business relationship with us in the exercise of their commercial or independent professional activity.
3. Customer Account
(1) For more convenient use of the online shop, you have the option to open a customer account. You are obliged to keep your access data, such as your password, confidential and to inform us without delay in the event of loss or any unauthorized use of your access data.
4. Conclusion of Contract, Contract Language
(1) Your order of the goods and/or services constitutes a binding offer to conclude the corresponding contract. To place the order, add the selected goods to the shopping cart, proceed through the ordering process on the website and enter the information requested there. Before submitting the order, you will have the opportunity to review all order details again and correct them if necessary. Only by submitting the order do you make a binding offer to us to conclude a contract.
(2) We may accept your offer within two days by
- sending an order confirmation by post, fax or e-mail,
- dispatching the goods, or
- requesting payment
; the decisive factor for compliance with the deadline is the time at which our order confirmation, the goods, or the payment request is received by you.
(3) The contract language is German.
5. Storage of the Contract Provisions
We store the contract provisions, i.e., the order data and these Terms and Conditions. You can print or save the contract provisions yourself by using the usual functionality of your browser (usually “Print” or “File” > “Save as”). The order data are contained in the order overview displayed in the final step of the ordering process. The contract provisions, including the Terms and Conditions, are also included in the order confirmation e-mail that we send you in the event we accept your order.
6. Delivery Disruptions
If an ordered item is not deliverable because we are not supplied by our supplier through no fault of our own despite the supplier’s contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer without delay that the ordered goods are no longer available and will promptly refund any services already rendered.
7. Payment
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.
When paying using a payment method offered by PayPal, 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 (hereinafter: “PayPal”), subject to the PayPal User Agreement 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 you select a payment method offered via the payment service “mollie”, payment processing is carried out via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller’s online shop. To process payments, mollie may use additional payment services for which special payment conditions may apply, of which the customer will be informed separately where applicable. Further information about “mollie” is available online at https://www.mollie.com/de/ .
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment term is 14 days from dispatch of the goods/tickets or, for other services, from provision of the service. The invoice purchase terms for deliveries to Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 and for deliveries to Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0.
- Instalment purchase (available in Germany only): With Klarna’s financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least EUR 6.95) or under the other conditions specified at checkout. Instalments are due at the end of each month after Klarna has sent a monthly statement. Further information on instalment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
The use of the payment methods invoice and instalment purchase requires a positive credit check. In this respect, we forward your data to Klarna during the initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna’s terms of use for Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user and for Austria here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_at/user. General information about Klarna is available here: www.klarna.com. Your personal data will be handled by Klarna in accordance with the applicable data protection provisions and as stated in Klarna’s privacy notice for Germany/Austria. (Please include this paragraph only if you offer at least one of the payment methods listed here (invoice, instalment purchase and/or direct debit), and list here only those payment methods that you actually offer.)
8. Retention of Title
(1) With respect to consumers:
The product delivered by us remains our property (goods subject to retention of title) until paid for in full.
(2) With respect to businesses:
We retain title to the goods subject to retention of title until receipt of all payments arising from the business relationship with the customer. We undertake to release our securities at the customer’s request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; we shall select the securities to be released.
The customer is entitled to resell the goods subject to retention of title to a third party in the ordinary course of business; however, the customer hereby assigns to us all claims arising from such resale.
9. Claims for Defects (Warranty)
(1) With respect to consumers:
Our warranty obligations are governed by the statutory warranty provisions.
(2) With respect to businesses:
If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they must inspect the goods without undue delay upon receipt. Obvious defects must be reported to us without undue delay after receipt of the goods or—if the defect becomes apparent later—without undue delay after discovery, in writing. Timely dispatch of the notification shall be sufficient to preserve the customer’s rights. If this is not done, the goods shall be deemed approved. This does not apply if we have fraudulently concealed the defect.
If there is a defect in the purchased item, we shall first provide subsequent performance, at our discretion either by remedying the defect or by delivering a replacement. If the subsequent performance fails, the customer is entitled to reduce the consideration or—in the case of significant defects—to withdraw from the contract.
Claims of the purchaser due to material defects shall become time-barred one year from delivery of the purchased item to the customer. Exempt from this are the purchaser’s claims for damages that seek compensation for injury to body or health due to a defect for which we are responsible, or that are based on gross negligence on our part or that of our vicarious agents; for such claims, the statutory limitation period applies.
If the goods are a building or an item that has been used for a building in accordance with its customary use and has caused its defectiveness, the limitation period is five years from delivery in accordance with statutory provisions.
10. Exclusions and Limitations of Liability
Our liability for damages is as follows:
(1) In cases of intent and gross negligence, including that of our vicarious agents, we are liable in accordance with statutory provisions. The same applies to negligently caused damage arising from injury to life, body, or health.
(2) In the case of negligently caused property and financial losses, we are liable only for breach of an essential contractual obligation, but limited in amount to the foreseeable, contract-typical damages at the time of contract conclusion; essential contractual obligations are those whose fulfillment enables proper performance of the contract in the first place and on whose compliance the contractual partner may regularly rely.
(3) Otherwise, our liability—regardless of the legal grounds—is excluded.
(4) The exclusions and limitations of liability in paragraphs (1) to (3) above apply mutatis mutandis in favor of our vicarious agents.
(5) Liability arising from the assumption of a guarantee or under the German Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.
11. Choice of Law, Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. With respect to a consumer, this choice of law applies only insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer has their habitual residence.
(2) The place of jurisdiction in dealings with merchants, legal entities under public law, or special funds under public law is the location of our company’s registered office. However, at our discretion, we are also entitled to bring an action at the customer’s place of business.
Terms & Conditions
1. Scope
(1) These Terms and Conditions apply to the sale of goods by mypado GmbH, Zinkhüttenweg 17, 44143 Dortmund (hereinafter referred to as “we” or “us”) to the customer (hereinafter referred to as the “Customer” or “you”/“your”) in our online shop.
(2) Deviating and/or supplementary terms and conditions of the Customer shall not become part of the contract.
2. Distinction between Businesses and Consumers
(1) Some provisions of these T&Cs do not apply to all customers, but only to consumers or only to businesses. Where this is the case, it is specifically indicated at the relevant point in these T&Cs.
(2) “Consumer” within the meaning of these T&Cs is, in accordance with the legal definition in Section 13 of the German Civil Code (BGB), any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
(3) “Business” within the meaning of these T&Cs is, in accordance with the legal definition in Section 14 of the German Civil Code (BGB), any natural or legal person or a partnership with legal capacity who enters into a business relationship with us in the exercise of their commercial or independent professional activity.
3. Customer Account
(1) For more convenient use of the online shop, you have the option to open a customer account. You are obliged to keep your access data, such as your password, confidential and to inform us without delay in the event of loss or any unauthorized use of your access data.
4. Conclusion of Contract, Contract Language
(1) Your order of the goods and/or services constitutes a binding offer to conclude the corresponding contract. To place the order, add the selected goods to the shopping cart, proceed through the ordering process on the website and enter the information requested there. Before submitting the order, you will have the opportunity to review all order details again and correct them if necessary. Only by submitting the order do you make a binding offer to us to conclude a contract.
(2) We may accept your offer within two days by
- sending an order confirmation by post, fax or e-mail,
- dispatching the goods, or
- requesting payment
; the decisive factor for compliance with the deadline is the time at which our order confirmation, the goods, or the payment request is received by you.
(3) The contract language is German.
5. Storage of the Contract Provisions
We store the contract provisions, i.e., the order data and these Terms and Conditions. You can print or save the contract provisions yourself by using the usual functionality of your browser (usually “Print” or “File” > “Save as”). The order data are contained in the order overview displayed in the final step of the ordering process. The contract provisions, including the Terms and Conditions, are also included in the order confirmation e-mail that we send you in the event we accept your order.
6. Delivery Disruptions
If an ordered item is not deliverable because we are not supplied by our supplier through no fault of our own despite the supplier’s contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer without delay that the ordered goods are no longer available and will promptly refund any services already rendered.
7. Payment
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.
When paying using a payment method offered by PayPal, 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 (hereinafter: “PayPal”), subject to the PayPal User Agreement 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 you select a payment method offered via the payment service “mollie”, payment processing is carried out via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller’s online shop. To process payments, mollie may use additional payment services for which special payment conditions may apply, of which the customer will be informed separately where applicable. Further information about “mollie” is available online at https://www.mollie.com/de/ .
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment term is 14 days from dispatch of the goods/tickets or, for other services, from provision of the service. The invoice purchase terms for deliveries to Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 and for deliveries to Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0.
- Instalment purchase (available in Germany only): With Klarna’s financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least EUR 6.95) or under the other conditions specified at checkout. Instalments are due at the end of each month after Klarna has sent a monthly statement. Further information on instalment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
The use of the payment methods invoice and instalment purchase requires a positive credit check. In this respect, we forward your data to Klarna during the initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna’s terms of use for Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user and for Austria here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_at/user. General information about Klarna is available here: www.klarna.com. Your personal data will be handled by Klarna in accordance with the applicable data protection provisions and as stated in Klarna’s privacy notice for Germany/Austria. (Please include this paragraph only if you offer at least one of the payment methods listed here (invoice, instalment purchase and/or direct debit), and list here only those payment methods that you actually offer.)
8. Retention of Title
(1) With respect to consumers:
The product delivered by us remains our property (goods subject to retention of title) until paid for in full.
(2) With respect to businesses:
We retain title to the goods subject to retention of title until receipt of all payments arising from the business relationship with the customer. We undertake to release our securities at the customer’s request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; we shall select the securities to be released.
The customer is entitled to resell the goods subject to retention of title to a third party in the ordinary course of business; however, the customer hereby assigns to us all claims arising from such resale.
9. Claims for Defects (Warranty)
(1) With respect to consumers:
Our warranty obligations are governed by the statutory warranty provisions.
(2) With respect to businesses:
If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they must inspect the goods without undue delay upon receipt. Obvious defects must be reported to us without undue delay after receipt of the goods or—if the defect becomes apparent later—without undue delay after discovery, in writing. Timely dispatch of the notification shall be sufficient to preserve the customer’s rights. If this is not done, the goods shall be deemed approved. This does not apply if we have fraudulently concealed the defect.
If there is a defect in the purchased item, we shall first provide subsequent performance, at our discretion either by remedying the defect or by delivering a replacement. If the subsequent performance fails, the customer is entitled to reduce the consideration or—in the case of significant defects—to withdraw from the contract.
Claims of the purchaser due to material defects shall become time-barred one year from delivery of the purchased item to the customer. Exempt from this are the purchaser’s claims for damages that seek compensation for injury to body or health due to a defect for which we are responsible, or that are based on gross negligence on our part or that of our vicarious agents; for such claims, the statutory limitation period applies.
If the goods are a building or an item that has been used for a building in accordance with its customary use and has caused its defectiveness, the limitation period is five years from delivery in accordance with statutory provisions.
10. Exclusions and Limitations of Liability
Our liability for damages is as follows:
(1) In cases of intent and gross negligence, including that of our vicarious agents, we are liable in accordance with statutory provisions. The same applies to negligently caused damage arising from injury to life, body, or health.
(2) In the case of negligently caused property and financial losses, we are liable only for breach of an essential contractual obligation, but limited in amount to the foreseeable, contract-typical damages at the time of contract conclusion; essential contractual obligations are those whose fulfillment enables proper performance of the contract in the first place and on whose compliance the contractual partner may regularly rely.
(3) Otherwise, our liability—regardless of the legal grounds—is excluded.
(4) The exclusions and limitations of liability in paragraphs (1) to (3) above apply mutatis mutandis in favor of our vicarious agents.
(5) Liability arising from the assumption of a guarantee or under the German Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.
11. Choice of Law, Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. With respect to a consumer, this choice of law applies only insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer has their habitual residence.
(2) The place of jurisdiction in dealings with merchants, legal entities under public law, or special funds under public law is the location of our company’s registered office. However, at our discretion, we are also entitled to bring an action at the customer’s place of business.