Terms of service

Terms and Conditions

Contents

Scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping terms
Retention of title
Liability for defects (warranty)
Applicable law
Place of jurisdiction
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms") of eBasar UG (haftungsbeschränkt), operating the brand FEAR99 (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or a business (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 For the purposes of these Terms, a business 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 commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to invite the Customer to submit a binding offer.

2.2 The 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 cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that concludes the ordering process.

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), whereby receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
by requesting the Customer to make payment after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first 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 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 their declaration of intent.

2.4 If a payment method offered by PayPal 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 User Agreement, 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the order has been submitted. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify 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 zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The English language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. 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 this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description and in the checkout.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the payment service "PayPal" is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes advance performance to the Customer (e.g. purchase on account or payment in instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 Information on processing and delivery times can be found in the respective product description and in the shipping policy.

5.3 If delivery of the goods 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 with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. In the event of the Customer effectively exercising the right of withdrawal, the provision made in the Seller's cancellation policy applies to the return costs.

5.4 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has handed the goods over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration refunded immediately.

5.6 For deliveries to countries outside the European Union, import duties, taxes and customs fees may be charged by the destination country. These are not included in our prices and are payable by the Customer.

5.7 Self-collection is not possible for logistical reasons.

6) Retention of title

If the Seller makes advance performance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a business,

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
for used goods, rights and claims due to defects are excluded;
the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for businesses, 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 § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any case entitled to call upon the court at the Customer's registered office.