Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following Terms and Conditions shall apply to contracts concluded between you and us as the provider (Fiedler Garbarczyk GbR) via the website www.east45.shop. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly rejected.
(2) A consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a legal partnership with legal capacity who acts in the exercise of their independent commercial or professional activity when concluding a legal transaction.
§ 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 placing a product on our website, we make you a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the respective product description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the shopping cart. You may access the shopping cart via the corresponding button in the navigation bar and make changes at any time.
After clicking the “Checkout” or “Proceed to Order” button (or a similarly designated button) and entering your personal information as well as your chosen payment and shipping methods, the order details will be displayed as an order summary.
If you select an instant payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be redirected to the order summary page in our online shop or to the website of the respective payment service provider.
If you are redirected to the payment provider’s website, you must make the appropriate selections or enter your payment details there. After completing the payment process, you will either be redirected back to our online shop or shown an order summary on the payment provider’s website.
Before submitting your order, you have the opportunity to review your order details, correct any errors (including by using your browser’s “Back” function), or cancel the order altogether.
By submitting your order via the corresponding button (“Order with obligation to pay”, “Buy”, “Buy Now”, “Place Order”, “Pay”, “Pay Now”, or similar wording), you legally accept our offer, thereby concluding the contract.
(4) Requests for quotations made by you are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you may accept within five (5) days, unless a different acceptance period is specified in the offer.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly by automated email. You must therefore ensure that the email address you have provided is correct, that you can technically receive emails from us, and that they are not blocked by spam filters.
§ 3 License to Use Digital Content
(1) The digital content offered is protected by copyright.
For each digital product purchased from us, you receive a license to use the content from the respective licensor. The type and scope of the license are determined by the licensing terms specified in the respective product offer.
§ 4 Special Provisions Regarding Offered Payment Methods
(1) SEPA Direct Debit
If you choose to pay by SEPA Direct Debit, you authorize us by granting the corresponding SEPA mandate to collect the invoice amount from the specified bank account.
The direct debit will be collected within 5–8 days after the conclusion of the contract.
The period for sending the pre-notification (Pre-Notification) is shortened to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you shall bear any resulting bank charges.
(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered through PayPal or PayPal Checkout, payment processing will be carried out 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 available through PayPal will be displayed under the corresponding button on our website and during the online ordering process.
PayPal may use additional payment service providers to process payments. Where special payment conditions apply, you will be informed of these separately.
Further information about PayPal can be found at:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
(3) Payment via “Stripe”
If you select a payment method offered through Stripe, payment processing will be carried out by Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland (“Stripe”).
The available payment methods via Stripe are displayed on our website and during the ordering process.
Stripe may use additional payment service providers for payment processing. Where special payment conditions apply, you will be informed accordingly.
Further information about Stripe can be found at:
https://stripe.com
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if your claim arises from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
Removing tags, altering the condition of an item in any way, or wearing the item constitutes acceptance of the purchase and obligates the buyer to complete the purchase.
§ 6 Warranty
(1) The statutory warranty rights for defects shall apply.
(2) If you have been informed prior to submitting your contractual declaration and this has been expressly agreed separately, the limitation period for warranty claims relating to used goods shall be one year from the date of delivery.
This limitation shall not apply:
- to damages attributable to us resulting from injury to life, body, or health;
- to other damages caused intentionally or through gross negligence;
- where we have fraudulently concealed a defect; or
- where we have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify both us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty rights.
(4) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed of it before submitting your contractual declaration and the deviation was expressly agreed separately between the contracting parties.
§ 7 Applicable Law
(1) German law shall apply.
For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of the more favorable law).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Seller Identity
Fiedler Garbarczyk GbR
Vonscheidts Hof 3
45470 Mülheim an der Ruhr
Germany
Email: support@east45.info
Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), available at:
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps required to conclude the contract, the conclusion of the contract itself, and the options for correcting errors are governed by the provisions set out under “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language and Storage of the Contract Text
3.1 Contract Language
The contract language is German.
3.2 Storage of the Contract Text
We do not store the complete contract text.
Before submitting your order through the online shopping cart system, you may print or electronically save the contract data using your browser’s print function.
Once we receive your order, the order details, the legally required information for distance selling contracts, and these General Terms and Conditions will be sent to you again by email.
3.3 Quotations Outside the Shopping Cart System
If a quotation is requested outside the online shopping cart system, you will receive all contractual information in the form of a binding offer in text form (e.g., by email), which you may print or save electronically.
4. Codes of Conduct
4.1
We comply with the Buyer Seal Quality Criteria of Händlerbund Management AG, which can be viewed at:
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective product offer.
6. Prices and Payment Terms
6.1
The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2
Shipping costs are not included in the purchase price.
They are displayed separately on our website or in the respective offer and are charged in addition to the purchase price unless free shipping has been expressly offered.
6.3
For deliveries to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes, or money transfer fees (bank transfer charges or exchange rate fees), which must be borne by you.
6.4
Any costs incurred for money transfers (such as bank transfer charges or exchange rate fees) shall be borne by you if delivery is made to an EU Member State but payment is initiated from outside the European Union.
6.5
The available payment methods are displayed on our website or in the respective product offer.
6.6
Unless otherwise stated for the individual payment methods, payment is due immediately upon conclusion of the contract.
7. Delivery Conditions and Provision of Goods
7.1
The applicable delivery conditions, estimated delivery times, any delivery restrictions, and the conditions for the provision of digital content are available on our website or in the respective product offer.
7.2
If you are a consumer, the statutory provisions apply whereby the risk of accidental loss or accidental deterioration of the goods passes to you only upon delivery, regardless of whether the shipment is insured or uninsured.
This shall not apply if you have independently commissioned a transport company or another person not designated by us to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects shall be governed by the provisions under “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were prepared by legal experts specializing in IT law at Händlerbund and are continuously reviewed for legal compliance.
Händlerbund Management AG guarantees the legal security of these texts and assumes liability in the event of legal warnings.
Further information is available at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
Last updated: 29 November 2022