Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) These General Terms and Conditions apply to all contracts you enter into with us as the provider (Scientology Kirche Hamburg e.V.) via the website https://scientology-kirche-hamburg-e-v.myshopify.com. Unless otherwise agreed, any terms you may use are excluded.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the course of their self-employed professional or commercial activity when entering into a legal transaction.

§ 2 Formation of the Contract

(1) The contract concerns the sale of goods.

(2) By listing a product on our website, we make a binding offer to conclude a contract under the terms specified in the item description.

(3) The contract is concluded through the online shopping cart system as follows: Goods intended for purchase are placed in the "shopping cart." You can view and modify the "shopping cart" at any time using the corresponding button in the navigation bar. After accessing the "checkout" page and entering personal details and payment and shipping information, all order data is displayed on the order summary page. If you use an immediate payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be directed to the order summary page in our online shop or initially redirected to the payment system provider's website. Upon being redirected to the payment system, you will make the necessary selections or enter your data. You will then be redirected back to our online shop's order summary page. Before submitting the order, you have the opportunity to review, change (including using the browser's "back" function), or cancel the purchase. By submitting the order using the "place order" button, you declare your acceptance of the offer, thereby concluding the contract.

(4) Your inquiries for a quote are non-binding. We will provide you with a binding offer in text form (e.g., via email), which you can accept within 5 days.

(5) The processing of orders and transmission of all information required for the contract conclusion occurs via email, partly automated. Therefore, you must ensure that the email address you have provided is correct, that email reception is technically ensured, and is not blocked by spam filters.

§ 3 Right of Retention, Retention of Title

(1) You can exercise a right of retention only if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the full purchase price is paid.

(3) If you are an entrepreneur, the following additionally applies:

a) We retain ownership of the goods until all claims from the ongoing business relationship are fully settled. Prior to the transfer of ownership of the goods, pledging or security transfer is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims arising from the resale, up to the invoice amount, to us; we accept this assignment. You remain authorized to collect the claim. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.

§ 4 Warranty

(1) Statutory warranty rights apply.

(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, apparent defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If you are an entrepreneur, the following applies differently from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description are considered as the agreed quality of the goods, not other advertising, public statements, or statements by the manufacturer.

b) In case of defects, we provide warranty through subsequent delivery.

c) Statutory warranty obligations apply.

§ 5 Choice of Law, Place of Fulfillment, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies if it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of their habitual residence (beneficial principle).

(2) The place of fulfillment for all services from the business relationship and jurisdiction is our place of business, unless you are not a consumer but a merchant, legal entity under public law, or a special fund under public law. The same applies if you do not have a general jurisdiction in Germany or the EU, or if your residence or habitual address is not known at the time of filing the lawsuit. The authority to call a court at another legal venue remains unaffected.

(3) The provisions of the UN Sales Convention explicitly do not apply.

II. Customer Information

  1. Identity of the Seller

    Scientology Kirche Hamburg e.V.
    Domstrasse 9
    20095 Hamburg
    Telephone: +49 40 3560070
    Email: hamburg@scientology.net

    Alternative Dispute Resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
    The European Commission provides an Online Dispute Resolution (ODR) platform, which you can find at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

  2. Information on the Formation of the Contract

    The technical steps to conclude the contract, the contract conclusion itself, and correction options are carried out according to the "Formation of the Contract" regulations in our General Terms and Conditions (Part I).

  3. Contract Language, Storage of Contract Text

    3.1. The contract language is German.

    3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, you can print or electronically save the contract data using the browser’s print function. After receiving the order, the order data, legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

    3.3. For quote requests outside the online shopping cart system, you will receive all contract data in a binding offer in text form, e.g., by email, which you can print or electronically save.

  4. Essential Characteristics of the Goods or Services

    The essential characteristics of the goods and/or services can be found in the respective offer.

  5. Prices and Payment Conditions

    5.1. The prices listed in the offers and shipping costs represent total prices. They include all price components, including all applicable taxes.

    5.2. The shipping costs are included in the purchase price.

    5.3. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.

    5.4. Unless otherwise stated for individual payment methods, payment claims from the concluded contract are due immediately.

    5.5. When paying via PayPal, your payment data will be forwarded to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing.

    The transfer is made according to Art. 6 para. 1 lit. b GDPR and only as far as necessary for the payment processing.

  6. Delivery Conditions

    6.1. Delivery conditions, delivery dates, and any delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

    6.2. As a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipping only passes to you upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person for the execution of the shipping who was not named by the entrepreneur.

    6.3. We ship our goods with a domestic postal/package service provider. Your personal data necessary for the shipment will be transferred to them.

    If you are an entrepreneur, the delivery and shipping are at your risk.

  7. Statutory Warranty Rights

    The warranty for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).

Last updated: 26.05.2020