Terms of service
Terms and Conditions
1. Scope
The following Terms and Conditions apply for all orders via our online shop. Our online shop is geared solely towards consumers.
A consumer is any natural person who concludes a legal transaction for purposes, which cannot predominantly be attributed to their commercial or independent professional activities. A business person is any natural or legal person or partnership with legal capacity, who practices their commercial or independent professional activities when concluding a legal transaction.
2. Contractual Partner, Contract Conclusion
The purchase contract is concluded with Tourisim GmbH.
With the publication of products in our online shop, we provide a binding offer for contract conclusion regarding these products. You have the choice of initially placing our products in the shopping cart and can amend your choices at any time before submitting your binding order by using the correction tools offered and explained as part of the order process. The contract is concluded when you click the Order button to accept the offer regarding the products in the shopping cart. You will receive a confirmation via email directly after submitting your order.
3. Contract Language, Storage of the Contract Text
The available languages for contract conclusion are German, English and Dutch.
We will store the contract text and will email the order information and our T&C to you. The contract text will no longer be available for online review for security reasons.
4. Delivery Conditions
Delivery costs will be charged in addition to the product prices. More information about delivery costs are provided in the product offers.
We deliver via carrier only. We can unfortunately not offer a goods pick-up option from our warehouse.
We do not deliver to Packstations.
5. Payment
The following payment options are available in our online shop:
Credit Card
You enter your credit card number when you submit your order. The payment transaction will be carried out automatically and your card will be debited, once you have been legitimized as the card owner.
PayPal
You will be forwarded to the website of the payment provider PayPal during the order process. You will have to be registered there (or will have to register an account), provide your credentials and confirm your payment order to us in order to pay the invoice total via PayPal. Once the order has been submitted in the online shop, we will prompt PayPal to initiate the payment transaction.
PayPal will then complete the transaction immediately. You will be presented with more information during the order process.
Sofort by klarna
You will be forwarded to the website of the payment provider Sofort GmbH during the order process. You will have to have an online payment-ready bank account, provide your credentials and confirm your payment order to us to allow the payment transaction via this provider. You will be presented with more information during the order process. The transaction will then be processed by Sofort immediately and your account will be debited.
Apple Pay
You will have to use the web browser Safari and be registered with the service provider Apple Pay, the Apple Pay function must be activated, and you must provide your credentials and confirm your payment order to us in order to pay the invoice total via Apple Pay. The payment transaction will occur immediately after submission of the order. You will be presented with more information during the order process.
Google Pay
You will have to be registered with the service provider Google Pay, the Google Pay function must be activated, and you must provide your credentials and confirm your payment order to us in order to pay the invoice total via Google Pay. The payment transaction will occur immediately after submission of the order. You will be presented with more information during the order process.
6. Retention of Title
The goods remain in our property until payment in full is received.
7. Transport Damage
A complaint must be lodged – where possible immediately – with the carrier for any goods delivered with visual transport damage. Please also contact us immediately as well. The omission of a complaint or contact to notify has no consequences for your statutory claims and their assertion, specifically regarding your warranty rights. They will, however, assist us in asserting our own claims against the carrier or the transport insurance provider.
8. Warranty and Guarantees
Statutory warranty rights apply, unless specifically agreed otherwise in the following.
The following shall apply for used goods: warranty rights are excluded if the fault occurs after completion of one year after delivery of the goods. Claims for faults occurring within one year of delivery of the goods may be asserted within the scope of the statutory limitation period of two years from the date of delivery of the goods.
The above limitations and reductions on time limits shall not apply for damages caused by us, our legal representatives or agents
- for loss of life, bodily injury or damage to human health,
- for intentional or grossly negligent violation of duty, as well as fraudulent intent,
- for the infringement of essential contractual obligations, the fulfillment of which is required to facilitate contract completion and in the fulfillment of which the contractual partner may reasonably rely (cardinal duties)
- within the scope of a guarantee promise, where agreed or
- to the extent of applicability of the Product Liability Act.
Information regarding additional guarantees that may be applicable and their exact conditions are provided alongside the product and on dedicated information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints and claims on weekdays between 9.00 am and 6.00 pm (CET) via email to hey@popotti.shop
9. Liability
We are liable without limitation for damages caused by us, our legal representatives or agents:- for loss of life, bodily injury or damage to human health,
- for intentional or grossly negligent violation of duty,
- for guarantee promises, where agreed or
- to the extent of applicability of the Product Liability Act.
For the infringement of essential contractual obligations, the fulfillment of which is required to facilitate contract completion and in the fulfillment of which the contractual partner may reasonably rely (cardinal duties) due to minor negligence by us, our legal representatives or agents, our liability is limited to the amount foreseeable at the time of contract conclusion and which can typically be expected. All further claims for damages are excluded.
10. Code of Conduct
We have committed to comply with the following code of conduct:
Trusted Shops quality criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.We agree to participate in extrajudicial arbitration proceedings before a consumer arbitration board.
The relevant public office for mediation is the German Universal Consumer Arbitration Board at the center for arbitration Zentrum für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl/Rhein, www.universalschlichtungsstelle.de.