1.1 These Terms & Conditions of qubing.de, Johann Ehmann, Thalkirchnerstrasse 210, 81371 Munich (in the following “Seller"), apply for all contracts a consumer or business person (in the following “Customer”) enters into with the Seller with regards to the goods and/or services represented in the Seller’s online shop. The inclusion of the Customer's own conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer in the sense of these T&Cs is any natural person who concludes a legal transaction for a purpose which cannot be primarily attributed to his commercial or independent professional activities. A business person in the sense of these T&Cs is any natural or legal person, or an incorporated partnership, which when concluding a legal transaction acts in the interest of his commercial or independent professional activity.
2.0 Contract conclusion
2.1 The product descriptions included in the online shop of the Seller do not represent a binding offer on the part of the Seller; instead, these are to be regarded as the basis for a legally binding offer by the Customer.
2.2 The Customer can submit his offer via the online order form integrated in the online shop of the Seller. By doing so and after entering his personal information, the Customer submits a legally binding offer of purchase with regards to the goods and/or services added to the shopping cart.
2.3 The Seller can accept the Customer’s offer of purchase by way of a written (letter) or electronically submitted (fax or email) order confirmation or by delivering the goods within five days. The Seller is entitled to refuse the offer of purchase.
2.4 Order processing and contact shall generally occur via email and automatic order processing. The Customer must ensure that the email address specified by him for order processing is correct and that emails sent by the Seller to this address can be received. Specifically, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be received if the Customer uses Spam filters in his email client.
3.0 Costs for goods returns where the right of withdrawal is exercised
Where the Customer is given the right to withdrawal, regular costs for the return of goods will be his responsibility provided the total cost for returning the object does not surpass 40 Euro or in case of higher costs where the Customer has not paid for the goods in full or in part at the time of withdrawal, unless the goods delivered were not those ordered. In all other cases the Seller shall bear the cost of return shipment.
4.0 Prices and payment terms
4.1 The prices stated by the Seller are final and contain statutory sales tax. Additional applicable delivery and shipping costs are stated separately in the respective product description.
4.2 Additional costs may arise for deliveries to countries outside the European Union and are the sole responsibility of the Customer. These may include fees for payment transfers levied by financial institutions (e.g. transfer fees, currency exchange fees) or import-related costs or taxes (e.g. customs and duties).
4.3 There are several payment options available to the Customer, which are indicated in the online shop of the Seller.
4.4 Payment shall be due immediately upon contract conclusion where prepayment was agreed.
5.0 Delivery and shipping terms
5.1 Goods shall be dispatched to the delivery address provided by the Customer. The delivery address provided during the purchase transaction with the Seller will be used for the transaction. Otherwise the delivery address stored with PayPal will be used if the payment option PayPal is selected.
5.2 The Customer shall bear the costs for the unsuccessful shipping if the carrier returns the goods to the Seller due to his inability to deliver to the customer. The above shall not apply if the Customer is not responsible for the circumstances which led to non-delivery or if the Customer was temporarily prevented from receiving the delivery, unless the Seller had notified the Customer of the service well in advance.
5.3 The risk of accidental loss or accidental deterioration of the purchased goods is transferred to the Customer or persons authorised to receive the goods upon delivery. Where the Customer is a business person, the risk of accidental loss or accidental deterioration regarding mail order purchases is transferred to the carrier at the time of handover at the premises of the Seller.
5.4 The Seller reserves the right to withdraw from the contract in case of non-receipt or partial receipt of the goods from the supplier. The above shall only apply where the non-availability of ordered goods is not the responsibility of the Seller and he has administered reasonable care by concluding a concluded a concrete hedging transaction with the supplier and is not responsible for the lack of availability of the goods. The Seller will make all reasonable efforts to procure the goods. The Customer shall be notified immediately in case of unavailability or partial availability of the ordered goods and the payment made by the customer will be refunded.
5.5 Should the Customer choose to collect his goods, the Seller will notify the Customer by email as soon as the ordered goods are ready for collection. Once the Customer has received the email, he can then arrange a collection date with the Seller. No shipping costs will be charged in this case.
6.0 Responsibility for defects
The statutory regulations for the responsibility for defect apply.
7.0 Applicable law
7.1 All legal relationships between the parties are subject to the laws of the Federal Republic of Germany excluding the law on the international purchase of moveable goods In terms of Consumers, this choice of law shall apply only where the consumer protection is not granted by mandatory stipulations under the law of the state in which the Customer resides.
7.2 Contract language is German.