1. Scope
The following General Terms and Conditions apply to all contracts concluded between the seller EP EURO POOL GmbH c/o Secret Brands (hereinafter referred to as "Seller") and consumers or entrepreneurs (hereinafter referred to as "Buyer") on the website https://aktion24.com regarding the goods presented by the Seller, in their version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur 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 independent professional activity.
These General Terms and Conditions also apply to entrepreneurs, even without specific inclusion, for all current and future contracts, deliveries, and other services of the Seller. Conflicting or differing terms of the entrepreneur are hereby objected to and shall only be deemed agreed between the Seller and the entrepreneur if the Seller expressly and in writing agrees to their validity.
2. Conclusion of Contract
2.1 The essential characteristics of the goods offered by the Seller and the validity period of limited offers can be found in the individual product descriptions on https://aktion24.com.
2.2 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to enable the customer to submit a binding offer.
2.3 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 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.
2.4 The Seller can 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 the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting the customer to pay after placing their order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the customer in text form (e.g., email) after the order has been submitted.
2.6 Before submitting a binding order, the customer can identify potential input errors by carefully reading the information displayed on the screen and correct them within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the customer must ensure, when using SPAM filters, that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
2.8 Cancellation is not possible after the order has been submitted. However, the Buyer has the right of withdrawal (see section 5).
3. Contract Language
The contract language is exclusively German.
4. Storage of the Contract Text
The contract text is stored by the Seller and made available to the Buyer before placing their order and sent again by email after the contract is concluded. The General Terms and Conditions can be viewed and downloaded by the Buyer at any time on this page. Past orders can be viewed by the Buyer in their customer account.
5. Right of Withdrawal
5.1 Consumers are entitled to the statutory right of withdrawal in accordance with the Seller's cancellation policy. In the event of a withdrawal, a processing fee of €3.90 is due, which must be paid by the Buyer. The amount will be deducted from the refunded purchase price. Further information on applicable fees can be found in the cancellation policy.
5.2 The right of withdrawal does not apply to distance contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
6. Prices and Payment Options
6.1 The prices stated by the Seller include the applicable statutory value-added tax and are final prices plus shipping costs. Additional shipping costs may apply. The costs for packaging and shipping are shown separately on the "Shipping & Delivery" website.
6.2 The following payment options are available to the Buyer in the Seller's online shop: PayPal, credit card, and the payment methods offered by Klarna (invoice purchase, installment purchase, instant transfer).
a) PayPal: If the Buyer chooses PayPal as the payment method, the Buyer pays the purchase price via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's corresponding terms of use can be viewed at this link.
b) Credit card: If the Buyer chooses credit card as the payment method, the purchase price is reserved on the credit card at the time of the order ("authorization"). The actual debiting of the credit card account takes place at the time the Seller ships the goods to the Buyer.
c) Klarna Invoice Purchase & Installment Purchase and Instant Transfer: If the Buyer chooses one of Klarna's payment methods, the Buyer pays the purchase price via the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm. The use of these payment methods requires a positive credit check. Therefore, the Buyer's data will be transmitted to Klarna for the purpose of address and credit assessment as part of the initiation and processing of the purchase agreement. Further information and Klarna's terms of use can be found at klarna.com.
7. Delivery and Shipping Conditions
7.1 Unless otherwise agreed, the goods will be delivered by shipping to the delivery address of the Buyer specified in the order process.
7.2 The delivery of the goods takes place at the shipping costs and delivery times specified on the "Shipping & Delivery" website and in the product description.
7.3 Any customs duties or local taxes must be borne by the Buyer.
8. Retention of Title
The goods remain the property of the Seller until full payment.
9. Warranty
The warranty is governed by statutory provisions.
10. Transport Damage
If goods are delivered with obvious transport damage, the Buyer is requested to immediately complain about them to the deliverer and to inform the Seller. If the Buyer fails to make a complaint or contact, this has no effect whatsoever on the existence of statutory warranty rights.
11. Liability
The Seller excludes its liability for slightly negligent breaches of duty, unless these concern damages from injury to life, body, or health or guarantees are affected, or claims under the Product Liability Act. Liability for the breach of duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the Buyer can regularly rely remains unaffected. The same applies to breaches of duty by the legal representative or vicarious agent of the Seller.
12. Information on Online Dispute Resolution
The EU Commission provides an internet platform for online dispute resolution (so-called "OS platform"), which can be accessed at https://ec.europa.eu/consumers/odr/. The Seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
13. Final Provisions
13.1 Should a provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
13.2 If the Buyer is an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Seller and the Buyer is the Seller's registered office.