AGB

General Terms and Conditions with Customer Information
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Governing Law
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Michael Böhm, trading as "Briefmarken Böhm" (hereinafter the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter the "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its 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 rather serve the purpose of enabling the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual shopping cart and proceeded through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit an offer to the Seller by telephone, fax, email, or post.

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 the receipt of said order confirmation by the Customer shall be decisive; or
by delivering the ordered goods to the Customer, whereby the receipt of said goods by the Customer shall be decisive; or
by requesting payment from the Customer after the Customer has submitted their order.
If several of the aforementioned alternatives apply, the contract shall be deemed concluded at the time when the first of the aforementioned alternatives occurs. The time limit for accepting the offer begins on the day following the Customer's submission of the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned time limit, 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 When submitting an offer via the Seller’s online order form, the Seller stores the text of the contract and sends it to the Customer—together with these General Terms and Conditions—in text form (e.g., via email, fax, or letter) after the Customer has submitted their order. Additionally, the text of the contract is archived on the Seller’s website and can be retrieved by the Customer free of charge via their password-protected customer account by entering the corresponding login credentials, provided that the Customer created a customer account in the Seller’s online shop prior to submitting their order.

2.5 Before conclusively submitting an order via the Seller's online order form, the Customer can identify potential input errors by carefully reviewing the information displayed on the screen. An effective technical tool to facilitate the detection of such input errors is the browser's zoom function, which allows for the enlargement of the on-screen display. During the electronic ordering process, the Customer may correct their entries using standard keyboard and mouse functions at any time up until they click the button that finalizes the order.

2.6 The German language is the sole language available for the conclusion of the contract.

2.7 Order processing and communication generally take place via email and automated order processing systems. The Customer must ensure that the email address provided for the purpose of order processing is accurate, so that emails sent by the Seller can be received at this address. In particular, if using spam filters, the Customer must ensure that all emails sent by the Seller—or by third parties commissioned by the Seller to handle order processing—are successfully delivered.

3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further details regarding the right of withdrawal can be found in the Seller's instructions on withdrawal.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices listed are total prices. Value-added tax (VAT) is itemized separately, except in cases involving goods subject to margin taxation pursuant to Section 25a of the German VAT Act (UStG). Any additional delivery and shipping costs that may apply are listed separately within 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 for monetary transfers by financial institutions (e.g., bank transfer fees, currency exchange fees) or import duties and taxes (e.g., customs duties). Such costs related to monetary transfers may also arise even if the delivery is not made to a country outside the European Union, but the Customer initiates the payment from a country outside the European Union.

4.3 The payment option(s) available to the customer are communicated within the Seller's online shop.

4.4 If payment in advance via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed upon a later due date.

4.5 If the "Purchase on Account" payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full—without any deductions—within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the "Purchase on Account" payment method only up to a specific order volume and to decline this payment method if the specified order volume is exceeded. In such cases, the Seller shall notify the customer of this payment restriction within the payment information section of the online shop. Furthermore, the Seller reserves the right to conduct a credit check when the "Purchase on Account" payment method is selected and to decline this payment method if the credit check yields a negative result.

5) Delivery and Shipping Terms
5.1 Goods are delivered via shipment to the delivery address specified by the customer, unless otherwise agreed. For the purpose of processing the transaction, the delivery address specified within the Seller's order processing system shall be deemed authoritative.

5.2 If the shipping carrier returns the shipped goods to the Seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This provision does not apply if the customer effectively exercises their right of withdrawal; if the customer is not responsible for the circumstances that rendered delivery impossible; or if the customer was temporarily prevented from accepting the offered delivery, provided that the Seller had not given the customer reasonable prior notice of the delivery.

5.3 For logistical reasons, self-collection of goods is not possible. 6) Retention of Title
If the Seller performs in advance, he retains title to the delivered goods until the full payment of the owed purchase price.

7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the statutory provisions regarding liability for defects shall apply.

7.2 Notwithstanding the foregoing, the limitation period for claims regarding defects in used goods shall be one year from the date of delivery of the goods to the customer. However, this reduction of the limitation period to one year shall not apply:

to items which, in accordance with their customary use, have been incorporated into a structure and have caused that structure to be defective;
to damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty on the part of the seller, or by an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of the seller;
to other damages caused by an intentional or grossly negligent breach of duty on the part of the seller, or by an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of the seller; and
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to report goods delivered with obvious transport damage to the delivery carrier and to notify the seller thereof. Failure by the customer to comply with this request shall have no effect whatsoever on their statutory or contractual claims regarding defects.

8) Governing Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws regarding the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the laws of the state in which the consumer has their habitual residence. 9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://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 involving a consumer.

9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.