General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects
8. Liability
9. Special Conditions for the Processing of Goods According to Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1. Scope of Application

1.1

These General Terms and Conditions, hereinafter referred to as “GTC”, of Leon Heller, trading as “LilWhiskers”, hereinafter referred to as the “Seller”, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter referred to as the “Customer”, with the Seller regarding the goods presented by the Seller in its online shop.

The inclusion of the Customer’s own terms and conditions is hereby rejected, unless expressly agreed otherwise.

1.2

These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.

1.3

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.

1.4

An entrepreneur within the meaning of these GTC 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 self-employed professional activity.

2. Conclusion of Contract

2.1

The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2

The Customer may submit the offer via the online order form integrated into the Seller’s online shop.

After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping basket by clicking the button that completes 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, for example by email, fax or letter, in which case receipt of the order confirmation by the Customer is decisive,

or by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive,

or by requesting payment from the Customer after the Customer has placed their order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first.

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 to be a rejection of the offer. In this case, the Customer is no longer bound by their declaration of intent.

2.4

If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal Europe S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, hereinafter referred to as “PayPal”.

The PayPal Terms of Use apply. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply.

If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5

When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form, for example by 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 created a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.

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 for better detecting 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 completes the ordering process.

2.7

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

2.8

Order processing and contact are generally carried out by email and automated order processing.

The Customer must ensure that the email address provided by them 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 with order processing can be delivered.

3. Right of Withdrawal

3.1

Consumers generally have a right of withdrawal.

3.2

Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4. Prices and Payment Terms

4.1

Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value added tax.

Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2

The available payment options are communicated to the Customer in the Seller’s online shop.

4.3

If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4

If the “Sofortüberweisung” payment method is selected, payment processing is carried out by Klarna Bank AB publ, Sveavägen 46, 111 34 Stockholm, Sweden, hereinafter referred to as “Klarna”.

In order to pay the invoice amount by Sofortüberweisung, the Customer must have an online banking account that is activated for participation in Sofortüberweisung, authenticate themselves accordingly during the payment process and confirm the payment instruction.

The payment transaction is carried out immediately thereafter by Klarna and the Customer’s bank account is debited.

4.5

If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as “Stripe”.

The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop.

Stripe may use further payment services for the processing of payments, for which special payment terms may apply, to which the Customer may be separately referred.

4.6

If a payment method offered via the “Klarna” payment service is selected, payment processing is carried out via Klarna Bank AB publ, Sveavägen 46, 111 34 Stockholm, Sweden, hereinafter referred to as “Klarna”.

Further information and Klarna’s applicable terms can be viewed here:

Payment Terms – LilWhiskers

5. Delivery and Shipping Conditions

5.1

If the Seller offers shipping of the goods, delivery will be 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 handling of the transaction.

5.2

If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result.

This does not apply with regard to the costs of sending the goods if the Customer effectively exercises their right of withdrawal.

For return shipping costs, the provision set out in the Seller’s withdrawal policy applies if the Customer effectively exercises their right of withdrawal.

5.3

If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, 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 sold goods generally passes to the Customer only when the goods are handed over to the Customer or to a person authorised to receive them.

By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has handed the item over to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned this person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery.

This applies only if the non-delivery is not attributable to 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 that the goods are unavailable or only partially available, the Customer will be informed without delay and any consideration already paid will be refunded without delay.

5.5

Collection by the Customer is not possible for logistical reasons.

5.6

Vouchers are provided to the Customer by email.

6. Retention of Title

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

7. Liability for Defects

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply.

By way of derogation from this, the following applies to contracts for the delivery of goods:

7.1

If the Customer acts as an entrepreneur:

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2

If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods, subject to the limitation set out in the following clause:

The limitation period for claims for defects is one year from delivery of the goods, provided that this has been expressly and separately contractually agreed between the parties and that the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3

The limitations of liability and shortening of periods set out above do not apply:

• to claims by the Customer for damages and reimbursement of expenses;
• if the Seller has fraudulently concealed the defect;
• to goods that 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;
• to contracts for the delivery of goods with digital elements.

7.4

Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5

If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, the Customer is subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code.

If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been 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 of this.

If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8. Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1

The Seller is liable without limitation on any legal grounds:

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, body or health;
• on the basis of a guarantee promise, unless otherwise provided in this respect;
• on the basis of mandatory liability, in particular under the German Product Liability Act.

8.2

If the Seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless liability is unlimited in accordance with the preceding clause.

Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3

In all other respects, liability of the Seller is excluded.

8.4

The above liability provisions also apply with regard to the Seller’s liability for its legal representatives and vicarious agents.

9. Special Conditions for the Processing of Goods According to Customer Specifications

9.1

If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for processing, such as text, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and must grant the Seller the necessary rights of use for this purpose.

The Customer is solely responsible for procuring and acquiring the rights to this content.

The Customer declares and assumes responsibility for having the right to use the content provided to the Seller.

In particular, the Customer must ensure that no third-party rights are infringed as a result, especially copyrights, trademark rights and personal 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 Seller’s contractual use of the Customer’s content.

The Customer shall also bear the necessary costs of legal defence, including all court and lawyer’s fees in the statutory amount.

This does not apply if the infringement is not attributable to the Customer.

In the event of a claim by third parties, the Customer is obliged to provide the Seller without delay with all information required for examining the claims and for a defence, truthfully and completely.

9.3

The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morality.

This applies in particular if content is provided that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors or glorifies violence.

10. Redemption of Promotional Vouchers

10.1

Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer, hereinafter referred to as “promotional vouchers”, can only be redeemed in the Seller’s online shop and only during the specified period.

10.2

Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.3

Promotional vouchers can only be redeemed before the order process is completed.

Subsequent offsetting is not possible.

10.4

Several promotional vouchers may also be redeemed in one order.

10.5

If the promotional voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher.

Any remaining credit will not be refunded by the Seller.

10.6

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7

The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.8

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

10.9

The promotional voucher is intended only for use by the person named on it.

Transfer of the promotional voucher to third parties is excluded.

The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11. Redemption of Gift Vouchers

11.1

Vouchers that can be purchased via the Seller’s online shop, hereinafter referred to as “gift vouchers”, can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

11.2

Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased.

Remaining balances will be credited to the Customer until the expiry date.

11.3

Gift vouchers can only be redeemed before the order process is completed.

Subsequent offsetting is not possible.

11.4

Several gift vouchers may also be redeemed in one order.

11.5

Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.7

The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.8

The gift voucher is intended only for use by the person named on it.

Transfer of the gift voucher to third parties is excluded.

The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

12. Applicable Law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods.

For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted to them by mandatory provisions of the law of the country in which they have their habitual residence.

13. Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.