Terms of service

Table of Contents

  1. Scope
  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 (Warranty)
  8. Liability
  9. Redemption of Promotional Vouchers
  10. Applicable Law
  11. Alternative Dispute Resolution

1) Scope

1.1

These General Terms and Conditions (hereinafter referred to as “GTC”) of Tim Hartmann, trading under the name “TCGHive” (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 displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2

A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

1.3

An entrepreneur within the meaning of these GTC 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 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 are intended 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 cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart 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 (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or

by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

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

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer submits the offer and ends upon expiry of the fifth day following 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 consequence 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 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”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/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 time when the Customer clicks the button that completes the ordering process.

2.5

When placing an order via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the 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 the 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 corresponding login details.

2.6

Before submitting a binding 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 of better identifying input errors may be the browser’s zoom function, which can be used to enlarge 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

Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8

Order processing generally takes place automatically by email. 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.

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 instructions on withdrawal.

4) Prices and Payment Terms

4.1

Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. No VAT is charged because the Seller is exempt from VAT under the small business regulation. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2

The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.3

If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services for payment processing, for which separate payment terms may apply and to which the Customer may be referred separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.4

If a payment method offered via the “Google Pay” payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller’s online shop. Google may use additional payment services for payment processing, for which separate payment terms may apply and to which the Customer may be referred separately. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.5

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:

5) Delivery and Shipping Conditions

5.1

If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing system is decisive. By way of derogation from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2

If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the original shipment if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, if the Customer effectively exercises their right of withdrawal, the provisions set out in the Seller’s instructions on withdrawal shall apply.

5.3

If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods 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 goods sold generally passes to the Customer only upon delivery of the goods to the Customer or to a person authorized to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned the forwarding agent, carrier or other person or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4

If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller. However, this shall only apply if the failure to supply 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. If the goods are unavailable or only partially available, the Customer will be informed immediately and the consideration will be refunded without undue delay.

5.5

Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. By way of derogation from this, the following shall apply to contracts for the delivery of goods:

7.1

If the Customer acts as an entrepreneur,

the Seller may choose the type of subsequent performance;

for new goods, the limitation period for claims based on defects is one year from delivery of the goods;

for used goods, claims based on defects are excluded;

the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2

If the Customer acts as a consumer, the following shall apply to contracts for the delivery of used goods subject to the restriction in the following clause: The limitation period for claims based on defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3

The limitations of liability and shortened limitation periods set out above shall not apply

to claims by the Customer for damages and reimbursement of expenses,

if the Seller has fraudulently concealed the defect,

to goods which have been used for a building in accordance with their usual purpose and have caused the building to be defective,

to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4

Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.5

If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations provided for therein, the goods shall be deemed approved.

7.6

If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods showing obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims based on defects.

8) Liability

The Seller shall be 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 shall have unlimited liability on any legal grounds

in cases of intent or gross negligence,

in cases of intentional or negligent injury to life, limb or health,

on the basis of a guarantee, unless otherwise provided in this respect,

on the basis of mandatory liability, such as under the German Product Liability Act.

8.2

If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches an essential contractual obligation, the Seller’s liability shall be limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. In all other respects, liability of the Seller is excluded unless the Seller is liable without limitation pursuant to the preceding clause.

8.3

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

9) Redemption of Promotional Vouchers

9.1

Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only within the specified period.

9.2

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

9.3

Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.4

Only one Promotional Voucher may be redeemed per order.

9.5

If the Promotional Voucher refers to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6

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 pay the difference.

9.7

The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.8

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.

9.9

The Promotional Voucher is intended solely 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 substantive entitlement of the respective voucher holder.

10) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11) Alternative Dispute Resolution

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