General Terms and Conditions (GTC)
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you enter into with us as the provider (Bertrams & Rönick GbR) via the website cruise-memories.de/. Unless otherwise agreed, any terms and conditions you use will not be incorporated.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither their trade nor their self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity that, when entering into a legal transaction, acts in the course of their self-employed professional or trade activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods including digital content (data created and provided in digital form) .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms and conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Continue to Order" (or similar wording) and entering your personal details as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order details will be displayed to you on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the information in the order overview again (also using the "back" function of the internet browser) or cancel the order.
(4) Your requests for the preparation of a quote are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective quote).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct and that the receipt of the emails is technically ensured.
§ 3 License for Use of Digital Content
(1) The offered digital content is protected by copyright. You receive a license to use each digital content you purchase from us from the respective licensor. The type and scope of the license to use are determined by the license terms specified in the respective offer.
§ 4 Custom-Designed Goods
(1) You provide us with the suitable information, texts, or files required for the custom design of the goods via the online ordering system or by email. Our requirements regarding file formats must be observed.
(2) You undertake not to submit any data whose content infringes the rights of third parties (in particular copyright, name rights, trademark rights) or violates existing laws.
In the event of a breach of this obligation, you shall be liable to us for damages that we incur in this connection due to claims asserted against us by third parties. This does not apply if you are not responsible for the infringement of rights.
(3) You are obliged to check the data for factual accuracy before submitting it. We do not check the submitted data.
§ 5 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. "PayPal" may use other payment services to process the payment; if special payment terms apply in this regard, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment will be processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. Stripe may use other payment services to process the payment; if special payment terms apply in this regard, you will be informed separately. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 6 Provision of Services for Vouchers (Voucher Terms and Conditions)
(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address are given in our contact details in the legal notice.
(2) Purchased vouchers entitle you to redeem the credit specified on the voucher with us within the period of validity (validity period). Vouchers can be redeemed exclusively in our online shop at cruise-memories.de/ or, where specified, in our physical store. The product description and the redemption terms described therein at the time the voucher is purchased shall apply.
(3) The condition for redeeming a voucher is the full payment of the purchase price of the voucher. The voucher must be redeemed during the electronic ordering process on our website by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining credit will remain on the voucher and can be used for further orders.
(4) Only one voucher can be redeemed per order.
(5) After the expiration of the right of withdrawal period or the expiration of the right of withdrawal for consumers, no refund or exchange will be made. It is not possible to pay out / partially pay out voucher amounts. The voucher credit will not accrue interest. If the statutory right of withdrawal is exercised for goods or services paid for with the voucher, the voucher amount included in the purchase price will be credited exclusively as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.
(6) The voucher may be passed on or transferred.
§ 7 Right of Retention, Retention of Title
(1) You may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve the right to retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 8 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed of it before submitting the declaration of acceptance and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are an entrepreneur, the following warranty provisions apply instead of the above warranty provisions:
a) Only our own statements and the manufacturer's product description are considered agreed upon as the quality of the goods, not other advertising, public price announcements, or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement. If the rectification of the defect fails, you may, at your discretion, request a reduction in price or withdraw from the contract. Rectification of the defect is considered unsuccessful after an unsuccessful second attempt, unless otherwise follows from the nature of the goods or the defect or other circumstances. In the event of rectification, we are not required to bear the increased costs arising from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortened period does not apply:
- to damages caused by our fault attributable to us resulting from injury to life, body, or health, or other damages caused intentionally or through gross negligence;
- insofar as we fraudulently concealed the defect or provided a guarantee for the quality of the item;
- to items that have been used for a structure in accordance with their usual intended use and have caused its defectiveness;
- to statutory recourse claims you have against us in connection with defect rights.
§ 9 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Seller's Identity
Bertrams & Rönick GbR
Geheimrat-Heß-Ring 24
96047 Bamberg
Germany
Telephone: +49 (0)951 16096747
E-mail: ahoi@cruise-memories.de
We are not prepared and are not obliged to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are subject to the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. We do not store the full contract text. Before submitting the order, the contract data can be printed using the browser's print function or saved electronically. Once we receive the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. If you request a quote outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the quality criteria of the Händlerbund Management AG's Buyer Seal, which can be viewed at: https://www.haendlerbund.de/
5. Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. No shipping costs are charged.
6.3. Any costs incurred for the transfer of funds (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery takes place in an EU member state, but payment was initiated outside the European Union.
6.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment obligations arising from the concluded contract are due immediately.
7. Delivery Terms, Provision
7.1. The delivery terms, the delivery date and any existing delivery restrictions, as well as the conditions for the provision of digital content, can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss or accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person designated to carry out the shipment.
If you are a trader, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the Händlerbund's IT law specialists and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist orders. Further information on this can be found at: https://www.haendlerbund.de/
