GTC

General terms and conditions with customer information

Scope of application
Conclusion of contract
Prices and terms of payment
Delivery and shipping conditions
Right of withdrawal
Retention of title
Liability for defects
Redemption of gift vouchers
Redemption of promotional vouchers
Applicable law
Place of jurisdiction
Information on online dispute resolution

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company "whoislouis.com OHG" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.

1.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.

1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2. Conclusion of contract

2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all the necessary data for order processing is recorded.
A summary of the order and contract data appears at the end of the order process.
Only after confirmation of this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping cart.

2.3 The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods

The time of acceptance is determined by the first alternative that has occurred.

The period for accepting the offer begins on the day after the offer is sent by the customer 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 constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 If the payment method "Paypal Express" is selected, the payment will be 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"). The PayPal user agreement applies, which is available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase, he submits his offer by clicking on the button concluding the order process. If the customer simultaneously issues the payment order to PayPal by clicking this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, in deviation from the above provisions.

2.5 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided he has opened a customer account.

2.6 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer has buttons for corrections, which are labeled accordingly.

2.7 The contract language is German.

2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order and to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of payment

3.1. The prices shown are final prices unless otherwise agreed. If the goods are subject to differential taxation in accordance with § 25a UStG, VAT will not be shown.

If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions. The customer is advised to enquire about the details with the respective institutions or authorities before placing the order.

3.3. The customer can select the payment methods available in the online store.

3.4. If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5 In the case of payment via "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply to this. These can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full einsehbar.

3.6. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, the seller offers payment options via Klarna for Germany and Austria.
If selected by the customer, payment is made to Klarna in each case:

SOFORT bank transfer
Direct debit
Klarna invoice: When purchasing on account with Klarna, the customer receives the goods first. The payment period is 14 days. The customer can find the terms and conditions for purchase on account for deliveries to Germany here:
The customer can find purchase on account for deliveries to Germany here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K517388/de_de/invoice?fee=0
and the complete terms and conditions for purchase on account for deliveries to Austria can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K517388/de_at/invoice?fee=0.
Klarna installment purchase (only available in Germany): the monthly installments are at least 1/24 of the total amount of the purchase (but at least EUR 6.95). The conditions otherwise specified in the checkout apply. Further information on Klarna installment purchase including the General Terms and Conditions and the European standard information for consumer credit can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K517388/de_de/part_payment.
Credit card (Visa / Mastercard / AmericanExpress)

The payment options are offered as part of Klarna Checkout. The customer can find more information and the terms of use for Klarna Checkout here:
for Germany
for Austria
General information available on Klarna.

The customer's personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in the Klarna Privacy Policy for Germany and Austria.

Note: Klarna is not responsible for fulfilling the seller's legal obligations to inform the customer. In particular, Klarna does not send the customer any information on the right of withdrawal for the contract between the merchant and the customer and no order confirmation. The seller remains responsible for the fulfillment of the legal obligations regarding the contractual relationship between the seller and the customer.

3.7. When paying with a Klarna payment method (if offered invoice purchase, installment purchase, direct debit, credit card), payment is processed via Klarna BANK AB (publ) (https://www.klarna.com/de, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").

When paying by credit card, your credit card account will be debited immediately after completion of the purchase process. If you pay by direct debit, you give Klarna a SEPA direct debit mandate when you place your order. Klarna will inform you about the date of the account debit (so-called prenotification). Upon submission of the direct debit mandate, Klarna will request your bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after the goods have been dispatched.

For payment processing via Klarna, Klarna's General Terms and Conditions and Privacy Policy apply in addition to these General Terms and Conditions. Further information on the seller's Klarna payment methods and Klarna's terms and conditions can be found in the seller's payment information.

When paying with "Sofortüberweisung", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to use this payment method, you need an online banking account with a PIN/TAN procedure with which you can legitimize yourself during the payment process and confirm the payment instruction to "SOFORT".
The payment will be processed by "SOFORT" immediately after completion of the payment process and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet.

3.8 When paying by "PayPal installment", the customer concludes an installment contract with PayPal. If PayPal allows payment via "PayPal installment payment", the customer must pay the invoice amount to PayPal in accordance with the conditions specified by PayPal, which are communicated to the customer in the PayPal payment portal The PayPal terms of use apply, which you can find here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this method of payment.

3.9. When paying by "SOFORT", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to use this payment method, the customer requires an online banking account with PIN/TAN procedure activated for participation in "SOFORT", with which he can legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment is executed by "SOFORT" immediately after completion of the payment transaction and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet.

3.10. The seller also offers the customer the option of financing the purchase price for certain specifically designated items via the seller's partner bank. The following conditions must be met for this:

The minimum age of the customer is 18 years.
The gross value of the order is at least 100,-EUR
Customer and borrower are identical.

4. Delivery and Shipping conditions

4.1 The delivery of goods by mail order shall be made to the delivery address specified by the customer. In deviation from this, the delivery address provided by the customer at the time of payment with PayPal is decisive for payment via PayPal.

4.2 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of return shipment if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 If self-collection has been agreed, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office or an agreed location by arrangement with the seller. In this case, there are no shipping costs.

4.4 Vouchers are provided to the customer in the following form:

via e-mail
via download
via post

5. Right of withdrawal

5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The seller's cancellation policy applies to the right of withdrawal.

5.3 Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded have no right of withdrawal.

6. Retention of title

If the seller makes advance payment, the goods shall remain the property of the seller until the purchase price has been paid in full.

7. Liability for defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

- In the case of used goods, the warranty period is one year from delivery of the goods, in deviation from the statutory regulation. The shortened one-year warranty period does not apply

- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,

- for damages culpably caused by the seller resulting from injury to life, body or health and for damages caused by gross negligence or willful misconduct and
for other damages that are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user

- in the event that the seller has fraudulently concealed the defect and in the event of claims pursuant to §§ 478, 479 BGB.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects.

8. Redemption of gift vouchers

8.1. Vouchers that have been purchased via the seller's online store ("gift vouchers") can only be redeemed in the seller's online store.

8.2. Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer's gift voucher account until the expiration date.

8.3. Gift vouchers can only be redeemed before completing the order process. They cannot be redeemed at a later date.

8.4. Several gift vouchers can be redeemed within one order.

8.5 Gift vouchers can only be redeemed for the purchase of goods
. The purchase of additional gift vouchers cannot be paid for by voucher.

8.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

8.7. Credit balances on gift vouchers are not paid out and do not bear interest.

8.8. Gift vouchers are generally transferable
. The seller can make payment with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of power of representation of the respective holder.

9. Redemption of promotional vouchers

9.1. Vouchers that the seller issues free of charge as part of (promotional) campaigns with a specific period of validity and that the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online store and only during the period specified by the seller.

9.2 Individual products may be excluded from the voucher promotion. The specific restrictions, if any, can be found on the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. They will not be offset retrospectively.

9.4 Several promotional vouchers can be redeemed within one order.

9.5 The value of the goods in the respective order must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.7 The credit balance of a promotional voucher is neither paid out nor interest-bearing.

9.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9. Promotional vouchers are generally transferable.
The seller can make payment with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, legal incapacity or lack of power of representation of the respective holder.

10. Applicable law

10.1. The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

10.2. This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

11. Place of jurisdiction

If the customer is 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 shall be the registered office of the seller.
If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's place of business.

12. Information on online dispute resolution

The EU Commission's online dispute resolution platform is available on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.