General Terms And Conditions
Table of Contents
Scope of Application
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Granting of Rights of Use for License Keys
Retention of Title
Liability for Defects (Warranty)
Special Terms for the Processing of Goods According to Specific Customer Specifications
Special Terms for Repair Services
Redemption of Promotional Coupons
Redemption of Gift Certificates
Governing Law
Jurisdiction
Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Vista Repair Shop (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of gift certificates, unless expressly stipulated otherwise.
1.3 These Terms and Conditions apply mutatis mutandis to contracts for the delivery of license keys, unless expressly provided otherwise. In such cases, the Seller is obligated to provide a license key for the use of the software or content described by the Seller, as well as to grant the contractually agreed-upon rights to use the respective software or content. The customer does not acquire any intellectual property rights to the software or the content. The respective product description in the Seller’s online store is decisive regarding the nature of the software or content.
1.4 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for 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 store. In doing so, 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 finalizes the ordering process. Furthermore, the customer may also submit the offer to the Seller by telephone, email, mail, or via the online contact form.
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 (fax or email), in which case the date the customer receives the order confirmation is decisive, or
by delivering the ordered goods to the customer, in which case the customer’s receipt of the goods is decisive, or
by requesting payment from the customer after the customer has placed the order.
If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be 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 processing is handled 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 Terms of Service, available at https://www.paypal.com/ de/webapps/mpp/ua/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/webapps/mpp/ua/privacywax-full. 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 moment the customer clicks the button concluding the ordering process.
2.5 When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The Seller will not make the contract text available in any other way. If the customer has created a user account in the Seller’s online store 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 appropriate login credentials.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that finalizes the order process.
2.7 The contract may be concluded in either German or English.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and shipping address are located outside the European Union at the time the contract is concluded.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional 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 money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The available payment option(s) will be communicated to the customer in the Seller’s online store.
4.4 If payment in advance via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the “PayPal Credit” payment method (installment payment via PayPal) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to deny the customer the “PayPal Credit” payment method in the event of a negative credit check result. If the “PayPal Credit” payment method is approved by PayPal, the customer must pay the invoice amount to PayPal under the terms and conditions set by the seller, which are communicated to the customer in the seller’s online store. In this case, the customer may only make payment to PayPal with debt-discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related shipments, or credit notes.
5) Delivery and Shipping Terms
5.1 Goods are delivered by mail to the shipping address provided by the customer, unless otherwise agreed. The shipping address specified in the seller’s order processing system is decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the shipping address provided by the customer to PayPal at the time of payment is decisive.
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 to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to the costs of returning the goods.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery by the seller’s supplier. This applies only if the seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the purchase price will be refunded without delay.
5.4 In the case of in-person pickup, the seller will first notify the customer via email that the goods ordered are ready for pickup. Upon receipt of this email, the customer may pick up the goods at the seller’s place of business after coordinating with the seller. In this case, no shipping costs will be charged.
5.5 Vouchers are provided to the customer as follows:
via download
via email
6) Granting of Rights of Use for License Keys
6.1 The license key provided entitles the customer to use the software or content specified in the respective product description to the extent described therein.
6.2 The grant of rights shall not take effect until the customer has paid the full amount due.
7) Retention of Title
If the seller provides goods in advance, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 Notwithstanding the foregoing, the following applies to used goods: Claims for defects are excluded if the defect arises only after one year has elapsed since delivery of the goods. Defects that arise within one year of delivery of the goods may be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
to goods that have been used in accordance with their customary use in a structure and have caused its defectiveness,
to the customer’s claims for damages and reimbursement of expenses, and
in the event that the seller fraudulently concealed the defect.
8.3 If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.
9 Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
9.1 If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to the Customer’s specific specifications, 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 grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for procuring this content and acquiring the necessary 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, including, but not limited to, copyrights, trademark rights, and personality rights.
9.2 The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s contractual use of the Customer’s content. The customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately provide the seller with truthful and complete information necessary for the examination of the claims and for the seller’s defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or is contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10) Special Terms and Conditions for Repair Services
If, pursuant to the terms of the contract, the Seller is obligated to repair an item belonging to the Customer, the following shall apply:
10.1 Repair services shall be performed at the Seller’s place of business.
10.2 The seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the seller. In doing so, the seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller’s service description, the customer has no right to select a specific person to perform the requested service.
10.3 The customer must provide the seller with all information necessary for the repair of the item, unless obtaining such information falls within the seller’s scope of obligations under the terms of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may have caused the identified defect.
10.4 Unless otherwise agreed, the customer must ship the item to be repaired to the seller’s place of business at the customer’s own expense and risk. The Seller recommends that the Customer take out shipping insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable shipping packaging to reduce the risk of damage in transit and to conceal the contents of the package. The Seller will immediately inform the Customer of any obvious damage incurred during transit so that the Customer can assert any rights they may have against the carrier.
10.5 The return of the item is at the customer’s expense. The risk of accidental loss or accidental deterioration of the item passes to the customer upon handover of the item to a suitable carrier at the seller’s place of business. At the customer’s request, the seller will take out shipping insurance for the item.
10.6 The customer may also transport the item to be repaired to the seller’s place of business and pick it up from there, if this is specified in the seller’s description of services or if the parties have reached a corresponding agreement. In this case, the above provisions regarding the allocation of costs and risk for shipping and return shipping of the item apply accordingly.
10.7 The foregoing provisions do not limit the Customer’s statutory rights regarding defects in the event of the purchase of goods from the Seller.
10.8 The Seller is liable for defects in the repair services provided in accordance with the provisions of statutory liability for defects.
10.9 During troubleshooting, the device will be opened, and components may be removed by desoldering or using hot air. During troubleshooting, exposure to heat may cause defects other than those reported by the customer; in such cases, the seller is not liable. The seller is not obligated to return the device to the customer in its original condition if the device is determined to be beyond repair during troubleshooting and additional defects occur during the process.
11 Redemption of Promotional Coupons
11.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter “Promotional Coupons”) may only be redeemed in the Seller’s online store and only during the specified period.
11.2 Individual products may be excluded from the promotional voucher offer if a corresponding restriction is specified in the terms of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent application of the voucher is not possible.
11.4 Only one promotional voucher may be redeemed per order.
11.5 The value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.
11.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
11.7 The balance of a promotional voucher will not be paid out in cash nor will it accrue interest.
11.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
11.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller is aware of, or is grossly negligent in failing to recognize, the respective holder’s lack of eligibility, legal incapacity, or lack of authority to act on behalf of another.
12) Redemption of Gift Certificates
12.1 Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.
12.2 Gift certificates and any remaining balance on gift certificates are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.
12.3 Gift certificates can only be redeemed before the order process is completed. Subsequent application of the credit is not possible.
12.4 Only one gift certificate may be redeemed per order.
12.5 Gift certificates may only be used to purchase goods and not to purchase additional gift certificates.
12.6 If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
12.7 The balance of a gift certificate will neither be paid out in cash nor accrue interest.
12.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller has knowledge of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
13) Governing Law
13.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws governing the international sale of movable goods. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.
14) Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based 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 the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.
15) Alternative Dispute Resolution
16.1 The European Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
16.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.