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This English translation is provided for convenience. In the event of any discrepancy, the German version shall prevail.
1.1 These General Terms and Conditions (hereinafter “T&Cs”) of Birgit Schrenk, trading as “EQUINISTA” (hereinafter “Seller”), apply to all contracts for the supply of goods that a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the supply of vouchers, these T&Cs apply accordingly, unless otherwise provided in that respect.
1.3 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity.
1.4 A business within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
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 as an invitation for 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 order process, the Customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that completes the order process. The Customer can also submit the offer to the Seller by email, fax, online contact form, post or telephone.
2.3 The Seller can accept the Customer's offer within five days,
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which 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 is deemed a 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 payment method offered by PayPal that can be selected during the online order process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the order process.
2.5 When an order is placed via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted their order. 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 their 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 by entering the relevant login details.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by reading carefully the information displayed on the screen. An effective technical means of better identifying 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 order process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is shown in the online shop.
2.8 Orders are generally processed automatically by email. The Customer must ensure that the email address they provide for order processing is correct, so that emails sent by the Seller can be received at this address.
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 withdrawal notice.
4.1 Unless the Seller's product description states otherwise, the prices stated 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, further 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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs in respect of the transfer of money may also arise if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be 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 a later due date.
4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which the Seller extends credit to the Customer (e.g. purchase on invoice or instalment payment), 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 assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result of the check. 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 with discharging effect to PayPal or the payment service provider commissioned by PayPal. 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, withdrawal declarations and returns shipments, or credit notes.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may use further payment services, to which special payment terms may apply and of which the Customer may be notified separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/de.
4.7 If a payment method offered via the payment service “Apple Pay” is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. To process payments, Apple may use further payment services, to which special payment terms may apply and of which the Customer may be notified separately. Further information on Apple Pay is available on the internet at https://www.apple.com/de/apple-pay/.
4.8 If a payment method offered via the payment service “Google Pay” is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. To process payments, Google may use further payment services, to which special payment terms may apply and of which the Customer may be notified separately. Further information on Google Pay is available on the internet at https://pay.google.com/intl/de_de/about/.
4.9 If a payment method offered via the payment service “Klarna” is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms in this regard can be viewed here:
https://equinista.eu/pages/zahlungsmittel
4.10 If the payment method purchase on invoice is selected, the purchase price falls due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. The payment method purchase on invoice requires a successful credit check by Klarna AB. If, after the credit check, the Customer is permitted to use the payment method purchase on invoice, payment is processed in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, the Customer can only make payment with discharging effect to Klarna AB. Otherwise, the General Terms and Conditions of Klarna AB apply, which the Customer can access during the order process. The Seller reserves the right to offer the payment method purchase on invoice only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller will point out the corresponding payment restriction to the Customer in its payment information in the online shop.
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 provided 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 For goods delivered by freight forwarder, delivery is made "kerbside", i.e. to the public kerb nearest to the delivery address, unless the shipping information in the Seller's online shop provides otherwise and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound delivery if the Customer effectively exercises their right of withdrawal. For the costs of return, if the Customer effectively exercises their right of withdrawal, the provision made in this regard in the Seller's withdrawal notice applies.
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 forwarder, carrier or other person or institution 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 passes only upon handover of the goods to the Customer or a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has handed the goods over to the forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.5 If the Customer acts as a consumer based in Germany or as a business, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.
5.6 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs are charged.
5.7 Vouchers are provided to the Customer as follows:
If the Seller extends credit, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:
7.1 If the Customer acts as a business,
7.2 If the Customer acts as a consumer, the following applies to contracts for the supply of used goods, subject to the restriction in the following clause: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed contractually between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The limitations of liability and shortenings of time limits set out above do not apply
7.4 Furthermore, for businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the merchant's duty of inspection and notification of defects under § 377 HGB applies. If the Customer fails to comply with the notification duties set out there, the goods are deemed approved.
7.6 If the Customer acts as a consumer, they are asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal ground
8.2 If the Customer acts as a consumer based in Germany or as a business, the following limitations of liability apply:
If the Seller negligently breaches a material contractual obligation, its liability is limited to the typical, foreseeable damage, unless it is liable without limitation under the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which the Customer may regularly rely. Otherwise, the Seller's liability is excluded, unless it is liable without limitation under the preceding clause.
8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9.1 If, according to the content of the contract, the Seller owes not only the supply of goods but also the processing of the goods according to the Customer's specifications, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The Customer alone is responsible for procuring this content and acquiring the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed as a result, in particular copyright, trademark and personality rights.
9.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer shall also bear the necessary costs of legal defence, including all court and lawyers' costs at the statutory rate. This does not apply if the Customer is not responsible for the infringement. If third parties make claims against the Seller, the Customer is obliged to provide the Seller without delay, truthfully and completely with all information required to examine the claims and for a defence.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morality. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifying violence.
10.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
10.2 Promotional Vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.4 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.5 Only one Promotional Voucher can be redeemed per order.
10.6 If the Promotional Voucher relates to a specific value and not to a percentage price reduction, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
10.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
10.8 The balance of a Promotional Voucher is neither paid out in cash nor does it earn interest.
10.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher in the exercise of their statutory right of withdrawal.
10.10 The Promotional Voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is grossly negligently unaware, of the holder's lack of entitlement, lack of legal capacity or lack of power of representation.
11.1 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.2 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
11.3 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
11.4 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is grossly negligently unaware, of the holder's lack of entitlement, lack of legal capacity or lack of power of representation.
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 applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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