Terms and Conditions

Status: 18.10.2021

1 Scope

1.1 These General Terms and Conditions apply to all contracts that a consumer or entrepreneur (hereinafter: “Customer”) concludes with the company Crypto-Gin, owner: Andreas Krüger and Tom-Oliver Welle (hereinafter: “Seller”) at www.crypto-gin .de concludes the sale and delivery of goods presented in the online shop.
1.2 The seller expressly objects to the inclusion of any conditions of the customer, unless the contracting parties agree on a different regulation in writing
1.3 Entrepreneur within the meaning of these conditions is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2 Offer and conclusion of contract

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
2.2 When purchasing via the online shop, a purchase contract is concluded when the seller accepts the customer's order. The customer places the desired goods in the shopping cart by pressing the "Add to shopping cart" button. In the shopping cart, the customer can correct his entries before he clicks on the "Checkout" button to enter the address and select the payment method. After entering the payment data or selecting the payment methods Paypal, Sofortüberweisung or credit card, the customer can place a binding order for the goods in the shopping cart by clicking the "Buy now" button. Before submitting a binding order, the customer can correct all entries on an ongoing basis. In addition, all entries before entering the payment modalities and before the binding submission of the order are displayed again. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
2.3 The customer receives an automated order confirmation. The text of the contract is saved by the seller.

3 Prices and methods of payment

3.1 The agreed prices apply. These include the statutory sales tax and do not include shipping and packaging costs, which the customer will be informed of in advance.
3.2 Delivery is currently only possible to Germany. The customer can find the exact shipping costs in the information in the context of the order.
3.3 For deliveries to Germany, shipping costs of €4.95 will be charged for goods with a value of less than €50.00. If the value of the goods is more than €50.00, shipping to Germany is free of charge. The seller only delivers by mail. It is not possible to collect the goods yourself.
3.4 The following payment options are available to the customer:
3.4.1 Klarna Sofortüberweisung
3.4.1 Klarna instant transfer The customer still has the option of paying via Klarna by selecting the payment method. Here the immediate transfer is available as an option. The customer receives further information about the payment process at https://www.klarna.com/de/smoooth-app/.
3.4.2 Credit card (Mastercard, Visa, Amex)
When placing the order, the customer transmits his credit card details at the same time. After his legitimation as the legitimate cardholder, the seller immediately requests the customer's credit card company to pay. The payment transaction is carried out automatically by the credit company and the customer's credit card account is debited.
3.4.3 Paypal
As part of the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, he must be registered there or first register, legitimize himself with his access data and confirm the payment instruction to the seller. After placing the order in the shop, the seller asks PayPal to initiate the payment transaction. The customer receives further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
3.4.5 Stripes
The payment methods invoice, credit card payment and direct debit are processed in cooperation with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), under the validity of Stripe -Terms of Use, which can be viewed at https://stripe.com/de/legal, to which the Provider assigns its claim for payment. The following applies when selecting the invoice payment method: The invoice is payable within 14 days of the invoice date. The invoice will be issued when the goods are shipped and sent by email. Payment is made directly to the seller. If the payment method credit card / direct debit is selected, Stripe collects the invoice amount from the customer's specified credit card / checking account. In the event of assignment, payment can only be made to Stripe with a debt-discharging effect. The credit card / account will be debited immediately after the customer's order has been sent in the online shop. Even if the payment method invoice / credit card payment / direct debit via Stripe is selected, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipment, returns, complaints, declarations of cancellation and shipments or credit notes.
3.5 If the customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
3.6 The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise in text form.

4 Delivery and Passing of Risk

4.1 Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. The delivery takes place from the warehouse of the seller. It reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
4.2 The availability of the individual goods is indicated in the item descriptions. Unless otherwise stated in the item description, the delivery period is approx. 7 working days from the conclusion of the contract.
4.3 The seller reserves the right to release itself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is omitted in whole or in part. This reservation of self-delivery only applies if the seller is not responsible for the non-delivery. The seller is not responsible for the non-performance if a so-called congruent hedging transaction to fulfill the contractual obligations was concluded in good time with the supplier. If the goods are not delivered, the seller will immediately inform the customer of this circumstance and refund any purchase price and shipping costs that have already been paid.
4.4 The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred to the forwarding agent, carrier or other person responsible for carrying out the shipment when the goods are delivered.

5 Default in Payment and Acceptance

5.1 During the delay in payment, the customer is liable for any negligence and for the accidental loss of the goods provided by the seller or already delivered.
5.2 If the customer does not accept the properly delivered or provided goods - without making use of a possible right of withdrawal in the case of the purchase of consumer goods - the customer is in default of acceptance. In the event of default in acceptance, the customer must reimburse the additional expenses incurred as a result, for example the additional shipping costs incurred as a result of the multiple delivery attempts or any storage or administration costs. After default of acceptance, the seller is no longer responsible for simply negligent actions. If the customer refuses acceptance seriously and definitively without justification, the seller can withdraw from the contract and, in particular, claim the lost business profit as damages.

6 Retention of title, rights of retention

6.1 The delivered goods remain the property of the seller until all claims from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the ongoing business relationship until settlement of all claims that the seller has in connection with entitled to the contract.
6.2 The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

7 Liability for Material and Legal Defects

7.1 If there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 et seq. HGB shall also apply.
7.2 Damage caused by improper actions by the customer when storing the goods does not justify a warranty claim against the seller.
7.3 If goods are delivered with obvious damage to the packaging or the contents, the customer should, without prejudice to his existing warranty rights, complain to the freight forwarder/freight service and contact the seller by email or telephone so that they can assert any rights against the freight forwarder/ freight service can maintain.
7.4 Defects must be reported by the customer to the seller within a warranty period of two years. If the customer is an entrepreneur, the warranty period is one year.
7.5 The above reductions do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer, which are aimed at compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
7.6 If there are defects and if these were asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.

8 Disclaimer

8.1 Apart from the liability for material defects and defects of title, the seller is liable without limitation if the breaches of duty giving rise to liability were committed intentionally or through gross negligence. In the event of slight negligence, the seller is only liable in the event of a breach of essential contractual obligations and cardinal obligations and is limited to the foreseeable, contract-typical damage at the time the contract was concluded. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
8.2 The limitations of liability in the preceding paragraph do not apply to injury to life, limb or health, to a defect after a guarantee has been given for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
8.3 If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

9 coupons and coupon codes

9.1 Vouchers and voucher codes (hereinafter: "voucher") purchased via the seller or issued as part of promotions can be redeemed in the online shop of the seller.
9.2 The voucher and any remaining credit can be redeemed up to the end of the third year after the year in which the voucher was purchased. Promotional vouchers that are free of charge can only be redeemed within the promotional period printed on the voucher and only for the range specified there.
9.3 The voucher can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Only one voucher can be redeemed per order.
9.5 The voucher can only be used for the purchase of goods and not for the purchase of further vouchers.
9.6 Voucher credit is neither paid out in cash nor does it earn interest.
9.7 The voucher is not transferable.

10 Privacy

10.1 The customer is aware and agrees that the personal data required to process the order will be stored by the seller on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by the seller. The collection, processing and use of the customer's personal data takes place in compliance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The customer can find further information in the data protection declaration of the seller.
10.2 The customer has the right to revoke his consent at any time with effect for the future. In this case, the seller is obliged to delete the customer's personal data immediately. In the case of ongoing order processes, the deletion takes place after the order process has been completed.

11 Governing Law, Venue, Dispute Resolution

11.1 The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.
11.2 The place of jurisdiction is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed.
11.3 Consumers have the option of using alternative dispute resolution. The European Commission provides a platform for online dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr/. There you will find information about online dispute resolution and it serves as a contact point for out-of-court settlement of disputes resulting from online purchase contracts or online service contracts.
11.4 In addition, the seller is willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. Responsible is the general consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

12 Right of withdrawal and cancellation policy

12.1 If the customer is a natural person who concludes a contract with the seller for a purpose that is predominantly neither commercial nor self-employed (consumer), he is entitled to a right of withdrawal.
12.2 There is no right of cancellation for contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly or for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

11.3 Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us (Crypto-Gin Bäumer Weg 1, 77815 Bühl, retoure@crypto-gin.de) a clear declaration (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract revoke inform You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of the revocation
If you revoke this contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than the one offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Withdrawal form
(If you want to revoke the contract, you can use this template).

– To Crypto-Gin, grape path 1, 77815 Bühl, retoure@crypto-gin.de:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

– Ordered on (*)/ received on (*)

- Order number

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is made on paper)

- Date

(*) Delete where inapplicable