General Terms & Conditions

General terms and conditions with customer information

Table of contents
  1. Scope of application
  2. Conclusion of contract
  3. Right of revocation
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Special conditions for the processing of goods according to certain specifications of the customer
  9. Redeeming action vouchers
  10. Applicable law
  11. Alternative dispute resolution

(1)    Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Thomas Scheiber, trading as "HOLTS Designer" (hereinafter "seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "customer") with the seller pertaining to the goods displayed by the seller in his online shop. The inclusion of the customer’s own conditions is herewith excluded, unless otherwise agreed.
1.2     A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.


(2)     Conclusion of contract

2.1     The product descriptions contained in the seller's online shop do not represent 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 shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing 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 (facsimile or e-mail), the receipt of the order confirmation by the customer being authoritative, or
- by delivering the ordered goods to the customer, the receipt of the goods by the customer being authoritative, or
- by requesting payment from the customer after placement of his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch 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     When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, facsimile or letter) together with the present general terms and conditions after submission of  the order. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by providing the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.
2.5     Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors is the zoom function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6     Only the German language is available for the conclusion of the contract.
2.7     The order processing and establishment of contact generally take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.


(3)     Right of revocation

3.1     In principle, consumers are entitled to a right of revocation.
3.2     Further information on the right of revocation can be found in the seller's revocation instructions.
3.3     The right of revocation does not apply to consumers who are not citizens of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.


(4)     Prices and terms of payment

4.1     Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the German statutory value added tax. Any additional delivery and shipping costs will be stated 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 money 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) shall be communicated to the customer in the seller's online shop.
4.4     If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5     If payment is made by means of a payment method offered by PayPal, the 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, available at or - if the customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, available at
4.6     If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, D-80339 Munich, Germany (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for use with "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more detailed information on the "SOFORT" payment method on the Internet at


(5)     Delivery and shipping conditions

5.1     Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the seller's order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be authoritative.
5.2     If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the cost of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance which made delivery impossible or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provisions of the seller's revocation policy shall apply to the costs of returning the goods.
5.3     In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by the customer are ready for collection. Upon receipt of this e-mail, the customer may collect the goods from the seller's registered office after consultation with the seller. In this case no shipping costs will be charged.


 (6)    Retention of title

In the event that the seller delivers the goods before receiving payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.


(7)     Liability for defects (warranty)

7.1     If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2     Notwithstanding the foregoing, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply
- for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
- for claims for damages and reimbursement of expenses on the part of the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3     The customer is requested to complain to the carrier about delivered goods with obvious transport damage and to inform the seller of such. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.


(8)     Special conditions for the processing of goods according to certain specifications of the customer

8.1     If, according to the contents of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer shall provide the operator with all contents required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator, and shall grant the operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and accepts responsibility for the fact that he has the right to use the contents handed over to the seller. He shall in particular ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights.
8.2     The customer shall indemnify the seller against any claims by third parties which they may assert against the seller in connection with any infringement of their rights arising from the use of the contents of the customer by the seller in accordance with the contract. The customer shall also assume the reasonable costs of the necessary legal defence, including all court and attorney's fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. The customer is obligated to immediately, truthfully and completely provide the seller with all information required for the examination of the claims and a defence in the event of claims by third parties.
8.3     The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.


(9)     Redeeming action vouchers

9.1     Vouchers which are issued free of charge by the seller as part of promotional campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as "promotion vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2     Promotion vouchers can only be redeemed by consumers.
9.3     Individual products may be excluded from the voucher campaign if a corresponding restriction is mentioned in the voucher.
9.4     Promotion vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.
9.5     Only one promotion voucher can be redeemed per order.
9.6     The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7     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.
9.8     The value of a promotion voucher will not be paid out in cash or receive interest.
9.9     The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotion voucher is transferable. The seller may, with discharging effect, deliver to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or is grossly negligently ignorant of the non-authorization, the business incapacity or the lack of power of representation of the respective owner.


(10)     Applicable law

10.1     All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer habitually resides is not withdrawn.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not citizens of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.


(11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.