General Terms and Conditions with Customer Information
Table of contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as the “Terms”) of Alexander Heigold, trading as “Alexander Heigold Versandhandel” (hereinafter referred to as the “Seller”), apply to all contracts for the supply of goods concluded by a consumer or trader (hereinafter referred to as the “Customer”) with the Seller in relation to the goods displayed by the Seller in the online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These Terms apply accordingly to contracts for the supply of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 A trader within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
2) Conclusion of the contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods in the shopping basket by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by fax, post or 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 email), 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 payment from the Customer after the Customer has placed the order.
If more than one of the above alternatives applies, the contract is concluded when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following its dispatch. If the Seller does not accept the Customer's offer within this period, this is deemed to constitute rejection of the offer, with the result 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 by 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/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.
2.5 When an order is placed using the Seller's online order form, the Seller stores the contract text after conclusion of the contract and sends it to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not otherwise make the contract text accessible. If the Customer created a user account in the Seller's online shop before submitting the order, the order details are archived on the Seller's website and may be accessed free of charge through the Customer's password-protected user account using the relevant login details.
2.6 Before submitting a binding order using the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function, which enlarges the display on the screen, can be an effective technical means of identifying input errors more easily. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Different languages are available for concluding the contract. The specific selection of languages is displayed in the online shop.
2.8 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is provided in the Seller's withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole residence and delivery address at that time are outside the European Union.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs of transferring money through banks (e.g. transfer fees and exchange rate charges) or import duties or taxes (e.g. customs duties). Such money transfer costs may also arise if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The available payment method(s) are communicated to the Customer in the Seller's online shop.
4.4 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.
4.5 If a payment method offered through the payment service “Mollie” is selected, payment is processed by Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter “Mollie”). Mollie may use other payment services to process payments; these may be subject to special payment terms of which the Customer will, where applicable, be informed separately. Further information about Mollie is available at https://www.mollie.com/de/.
5) Delivery and shipping terms
5.1 If the Seller offers shipping, goods are delivered within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing system is decisive for processing the transaction. By way of exception, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If delivery 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 to the costs of the original shipment if the Customer effectively exercises their right of withdrawal. In the event of the Customer effectively exercising their right of withdrawal, the provisions in the Seller's withdrawal instructions apply to return shipping costs.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller hands the goods over to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the Customer acts as a consumer, this risk generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, even for consumers, the risk of accidental loss and accidental deterioration passes to the Customer as soon as the Seller hands the goods over to the forwarding agent, carrier or other person or organisation designated to carry out the shipment if the Customer has commissioned that person or organisation to carry out the shipment and the Seller had not previously named that person or organisation to the Customer.
5.4 If the Customer acts as a consumer based in Germany or as a trader, the Seller reserves the right to withdraw from the contract if the Seller's own supplier fails to supply correctly or properly. However, this applies only if the Seller is not responsible for the failure to supply and has, with due care, concluded a specific covering transaction with the supplier. The Seller will make every reasonable effort to procure the goods. If the goods are unavailable or only partly available, the Customer will be informed without delay and the corresponding payment will be refunded without delay.
5.5 If the Seller offers 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. No shipping costs are charged in this case.
5.6 Vouchers are provided to the Customer as follows:
- by post
6) Retention of title
If the Seller supplies goods before receiving payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise provided below, the statutory provisions governing liability for defects apply. The following provisions apply by way of exception to contracts for the supply of goods:
7.1 If the Customer acts as a trader:
- the Seller may choose the form of supplementary performance;
- for new goods, the limitation period for claims for defects is one year from delivery of the goods;
- for used goods, rights in respect of defects are excluded;
- the limitation period does not restart if replacement goods are supplied under liability for defects.
7.2 The limitations of liability and shortened limitation periods set out above do not apply:
- to the Customer's claims for damages or reimbursement of expenses;
- if the Seller has fraudulently concealed the defect;
- to goods which have been used for a building in accordance with their usual purpose and have caused that building to be defective;
- to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.
7.3 In addition, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect the goods and give notice of defects under section 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods are deemed to have been accepted.
7.5 If the Customer acts as a consumer, the Customer is asked to report goods showing obvious transport damage to the delivery agent and to inform the Seller. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including tort claims, as follows:
8.1 The Seller's liability is unlimited, irrespective of the legal basis:
- in cases of intent or gross negligence;
- in cases of intentional or negligent injury to life, body or health;
- under a guarantee, unless otherwise provided in that respect;
- under mandatory liability provisions, such as the German Product Liability Act.
8.2 If the Customer acts as a consumer based in Germany or as a trader, the following limitations of liability apply:
If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited under the preceding paragraph. Essential contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve the contractual purpose, the fulfilment of which is necessary for proper performance of the contract and on compliance with which the Customer may regularly rely. In all other respects, the Seller's liability is excluded unless liability is unlimited under the preceding paragraph.
8.3 The above liability provisions also apply to the Seller's liability for persons employed in performing its obligations and for its legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period, which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller's online shop and only during the specified period.
9.2 Individual products may be excluded from the promotion if a corresponding restriction is stated in the promotional voucher.
9.3 Promotional vouchers may only be redeemed before completion of the ordering process. They cannot be applied retrospectively.
9.4 Only one promotional voucher may be redeemed per order.
9.5 If the promotional voucher is for a specific amount rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. The Seller will not refund any remaining balance.
9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
9.7 Promotional voucher credit will neither be paid out in cash nor bear interest.
9.8 The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partly using that voucher when exercising their statutory right of withdrawal.
9.9 The promotional voucher is intended solely for use by the person named on it. Transfer to third parties is prohibited. The Seller is entitled, but not obliged, to verify the actual entitlement of the respective voucher holder.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter “gift vouchers”) may only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers may only be redeemed before completion of the ordering process. They cannot be applied retrospectively.
10.3 Gift vouchers may only be used to purchase goods and not to purchase further gift vouchers.
10.4 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
10.5 Gift voucher credit will neither be paid out in cash nor bear interest.
10.6 The gift voucher is intended solely for use by the person named on it. Transfer to third parties is prohibited. The Seller is entitled, but not obliged, to verify the actual entitlement of the respective voucher holder.
11) Applicable law
11.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
11.2 Furthermore, in relation to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole residence and delivery address at that time are outside the European Union.
12) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: 26 September 2026, 14:45:57