General terms and conditions with customer information

Table of contents

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

1) Scope of application

1.1These General Terms and Conditions (hereinafter referred to as „GTC“) of the company Corina C. Steuernagel, trading under „ARSVIVA“ (hereinafter referred to as „Seller“) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as „Client“) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3These GTC apply accordingly to contracts for the delivery of tickets, unless expressly stipulated otherwise. These GTC only regulate the sale of tickets for certain events specified in more detail in the seller's item description and not the organisation of these events. Only the statutory provisions in the relationship between the customer and the organiser and any deviating terms and conditions of the organiser shall apply to the performance of the events. If the seller is not also the organiser, he is not liable for the proper execution of the event, for which the respective organiser is solely responsible.

1.4A 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 profession. 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 commercial or independent professional activity.

1.5Depending on the seller's product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter „subscription contract“). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of contract

2.1The 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.

2.2The 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 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 can also submit the offer to the seller by telephone, fax, e-mail or post.

2.3The 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 in this respect, 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 the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which 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 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 his declaration of intent.

2.4If the payment method „PayPal Express“ 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 Terms of Use, 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 and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects „PayPal Express“ as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button concluding the order process.

2.5If the payment method „Amazon Payments“ is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects „Amazon Payments“ as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button concluding the order process.

2.6When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is 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.

2.7Before placing a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.

2.8Only the German language is available for the conclusion of the contract.

2.9Order processing and contact are generally 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.

2.10When ordering alcoholic beverages, the customer confirms by sending the order that he/she has reached the legally required minimum age and undertakes to ensure that either he/she or a person of legal age authorised by him/her may accept the goods.

3) Right of cancellation

3.1Consumers are generally entitled to a right of cancellation.

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

3.3Pursuant to Section 312g (2) No. 9 BGB, unless otherwise agreed, there is no right of cancellation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, a right of cancellation is also excluded for contracts relating to the sale of tickets for scheduled leisure events.

4) Prices and terms of payment

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2For deliveries to countries outside the European Union, further 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 may also be incurred in relation to the transfer of funds 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.

4.3The payment option(s) will be communicated to the customer in the seller's online shop.

4.4If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5If payment is made using a payment method offered by PayPal, 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 referred to as „PayPal“), subject to the PayPal Terms of Use, 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 and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and dispatch conditions

5.1Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.

5.3Self-collection is not possible for logistical reasons.

5.4Vouchers are issued to the customer as follows:

• per download
• by e-mail
• by post

5.5Tickets are provided to the customer as follows:

• per download
• by e-mail
• by post

6) Contract duration and contract termination for subscription contracts

6.1Subscription contracts are concluded for a limited period of time for the contract term shown in the respective product description in the seller's online shop and end automatically at the end of the contract term.

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

6.3Cancellations must be made in writing or in text form (e.g. by e-mail).

7) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9) Redemption of promotional vouchers

9.1Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that 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.

9.2Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

9.3Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4Only one promotional voucher can be redeemed per order.

9.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6If 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.

9.7The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of cancellation.

9.9The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is authorised, but not obliged, to check the material eligibility of the respective voucher holder.

10) Redemption of gift vouchers

10.1Vouchers that can be purchased via the seller's online shop (hereinafter referred to as „gift vouchers“) can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

10.2Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4Only one gift voucher can be redeemed per order.

10.5Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6If 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 selected to settle the difference.

10.7The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is authorised, but not obliged, to check the material eligibility of the respective gift voucher holder.

11) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of 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 country in which the consumer has his habitual residence is not withdrawn.

12) Alternative dispute resolution

12.1The 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 purchase or service contracts in which a consumer is involved.

12.2The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.