Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of Rights of Use for Digital Content
- Retention of title
- Liability for defects (warranty)
- Liability
- Redeeming Promotional Coupons
- Redeeming Gift Certificates
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of the company Jonas Böttcher, trading as “Verlag der Spielleute & tradmusica” (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s 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 physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 These Terms and Conditions apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise specified.
1.4 These Terms and Conditions apply mutatis mutandis to contracts for the provision of digital content, unless otherwise specified. For the purposes of these Terms and Conditions, “digital content” refers to data that is created and provided in digital form.
1.5 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.6 For the purposes of these General Terms and Conditions, a “business operator” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.
2) Conclusion of 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 serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through 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 concludes the ordering process.
2.3 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed 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, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.
2.5 When ordering via the seller’s online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7 Various languages are available for entering into the contract. The specific language options are displayed in the online store.
2.8 Order processing is generally handled automatically via email. 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.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on 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 any Member State of the European Union and whose sole place of residence and shipping address, at the time the contract is concluded, are located outside the European Union.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online store.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the “PayPal” payment service is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of claims.
4.6 If the payment method “Sofortüberweisung” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as “Klarna”). In order to be able to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account activated for participation in “Sofortüberweisung”, legitimize himself accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer’s bank account is debited. The customer can find more information on the “Sofortüberweisung” payment method on the Internet at
4.7 If a customer selects a payment method offered through the “Apple Pay” payment service, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods offered via Apple Pay are displayed to the customer in the seller’s online store. To process payments, Apple may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Apple Pay is available online at
4.8 If a customer selects a payment method offered through the “Google Pay” payment service, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The specific payment methods offered via Google Pay are displayed to the customer in the seller’s online store. To process payments, Google may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Google Pay is available online at
4.9 If a payment method offered through the “Mollie” payment service is selected, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter: “Mollie”). To process payments, Mollie may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about “Mollie” is available online at
4.10 If a payment method offered through the “Ratepay” payment service is selected (e.g., Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment plan), payment processing is handled by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter “Ratepay”), to whom the Seller assigns its claim against the Customer. The specific Ratepay payment methods offered by the Seller are communicated to the Customer on the Seller’s website. The customer may only make payments to Ratepay with debt-discharging effect. However, the seller remains responsible for general customer inquiries (e.g., regarding the merchandise, delivery time, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos). In all other respects, Ratepay’s General Terms and Conditions of Payment apply, which can be accessed here:
4.11 If a payment method offered through the “Stripe” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered through Stripe are displayed to the customer in the seller’s online store. To process payments, Stripe may utilize additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Stripe is available online at
4.12 If you select a payment method offered through the “Klarna” payment service, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be found here:
https://bagpipe.de/zahlungsarten/#zahlungsarten-mit-klarna
4.13 If a payment method offered through the “SumUp” payment service is selected, payment processing is handled by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The specific payment methods offered through SumUp are disclosed to the customer in the seller’s online store. To process payments, SumUp may use additional payment services, which may be subject to special payment terms and conditions; the customer may be notified of these separately, if applicable. Further information about SumUp is available online at
4.14 If the “purchase on account” payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within the time period specified on the invoice, unless otherwise agreed. The seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the seller will notify the customer of the corresponding payment restriction in the payment information section of the online store. The seller also reserves the right to conduct a credit check when “purchase on account” is selected and to reject this payment method if the credit check is unfavorable.
4.15 If you select the “Purchase on Invoice” payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction within 30 days of the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The “purchase on account” payment method is subject to a successful credit check by Klarna AB. If the customer is approved for the “purchase on account” payment method following the credit check, the payment will be processed in cooperation with Klarna AB, to which the seller assigns its payment claim. In this case, the customer may make payment with discharging effect only to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information provided in the online store.
4.16 If the “PayPal Invoice” payment method 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 Invoice” payment method in the event of a negative credit check result. If PayPal approves the “PayPal Invoice” payment method, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. 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 times, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos. In addition, the General Terms of Use for PayPal’s “Buy Now, Pay Later” service apply; these can be viewed at
4.17 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the payment on its behalf. PAYONE GmbH will collect the invoice amount from the customer’s specified credit card account. The credit card will be charged immediately after the customer submits their order in the online store. Even when the credit card payment method is selected via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g., regarding the merchandise, delivery times, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.
4.18 If you select credit card as the payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to decline this payment method if the credit check is unfavorable.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction.
5.2 If the 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 with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the provision in the seller’s withdrawal policy shall apply to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass 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 is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 If the customer is a consumer domiciled in Germany or a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. However, 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 diligence. 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 notified immediately and the purchase price will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the customer as follows:
- via direct access through the business owner’s website
- by download
- by email
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise specified in the content description in the Seller’s online store, the Seller grants the Customer a non-exclusive right, unlimited in terms of location and time, to use the provided content exclusively for private purposes.
6.2 To the extent that the contract relates to the one-time provision of digital content, the grant of rights shall not take effect until the customer has paid the full amount due. The seller may grant provisional permission to use the content covered by the contract even before that time. Such provisional permission does not constitute a transfer of rights.
7) Retention of Title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
8.1 If the customer is acting as a business,
- the seller has the choice of the type of subsequent performance;
- the limitation period for warranty rights for new goods is one year from delivery of the goods;
- the warranty rights are excluded for used goods;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
8.2 If the customer is acting as a consumer, the following provision applies to contracts for the delivery of used goods, subject to the limitation set forth in the following paragraph: The statute of limitations for claims for defects is one year from the delivery of the goods, provided that this has been expressly and separately agreed upon by the parties in the contract and the customer was specifically informed of the shortened statute of limitations prior to submitting their acceptance of the contract.
8.3 The limitations on liability and shortened time limits set forth above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
8.4 Furthermore, with respect to business entities, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.5 If the customer is 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 of the HGB. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
8.6 If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.
9) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1 The seller shall be fully liable on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
9.2 If the customer is a consumer residing in Germany or a business entity, the following limitations of liability apply:
If the seller negligently breaches a material contractual obligation, the seller’s liability is limited to the foreseeable damages typical for this type of contract, unless the seller is liable without limitation in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding paragraph.
9.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.
10) Redeeming Promotional Coupons
10.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period, 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.
10.2 Certain products may be excluded from the coupon promotion if the terms of the promotional coupon specify such a restriction.
10.3 Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.
10.4 Only one promotional coupon may be redeemed per order.
10.5 If the promotional coupon specifies a specific value rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.
10.6 If the value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
10.7 The balance of a promotional coupon will not be paid out in cash, nor will it accrue interest.
10.8 The promotional coupon is non-refundable if the customer returns merchandise paid for in whole or in part with the promotional coupon under his or her statutory right of withdrawal.
10.9 The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.
11) Redeeming Gift Certificates
11.1 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.
11.2 Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.
11.3 Gift certificates may only be used to purchase merchandise and not to purchase additional gift certificates.
11.4 If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
11.5 The balance on a gift certificate will not be paid out in cash, nor will it accrue interest.
11.6 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 is aware 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.
12) Governing Law
12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding 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.
12.2 Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not nationals of any Member State of the European Union and whose sole place of residence and shipping address, at the time the contract is concluded, are located outside the European Union.
13) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
