Terms of service

Table of Contents

• Scope of Application
• Conclusion of Contract
• Right of Withdrawal
• Prices and Payment Terms
• Delivery and Shipping Conditions
• Retention of Title
• Liability for Defects (Warranty)
• Liability
• Applicable Law
• Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of , trading as "" (hereinafter "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or trader (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 A trader 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 on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual shopping cart and passed 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 concluding the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

by transmitting to 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 the Customer to pay after the Customer has placed the order.

If several of the aforementioned alternatives apply, 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 begin on the day after the Customer sends the offer and shall end upon expiry 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be 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: "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 by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller already now declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button concluding the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this.

2.6 Before bindingly submitting the 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 for better identification of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding 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 and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them 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 by third parties commissioned by the Seller with order processing can be delivered.

2.9 The Seller may, at his own discretion, agree to a cancellation requested by the Customer before the goods are dispatched. A right to cancellation exists only as long as the order has not yet been processed for dispatch.

2.10 All products offered by the Seller are individually manufactured. Due to the manufacturing process, minor deviations from the product images shown in the online shop, in particular with regard to shape, color, grain, surface structure and detailing, are possible and do not constitute a material defect. The product images serve exclusively to illustrate the fundamental character of the product and are not to be understood as a binding agreement on quality. By placing their order, the Customer acknowledges that the delivered product may deviate from the product image shown within the scope customary in manufacturing.

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.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise 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 arise 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) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment shall 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 in 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 shall carry 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 check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be separately advised. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

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 shall be decisive for the processing of the transaction.

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 shall not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision set out in the Seller's withdrawal policy shall apply to the return costs.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle only pass upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item 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 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with the required care. The Seller shall make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer shall be informed without undue delay and the consideration shall be refunded without undue delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 The Customer is obliged to check the appropriate size on their own responsibility before placing the order, using the size chart provided on the product page as well as any measuring instructions.

5.7 An incorrect size selection by the Customer does not constitute a defect of the goods. There is no entitlement to a voluntary exchange or a voluntary return due to an incorrectly selected size. Statutory rights of the Customer, in particular statutory rights in respect of defects and rights of withdrawal to which consumers are legally entitled, remain unaffected.

6) Retention of Title

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

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

the Seller has the choice of the type of subsequent performance; for new goods, the limitation period for claims for defects is one year from delivery of the goods; for used goods, rights in respect of defects are excluded; the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods regulated above shall not apply

to claims for damages and reimbursement of expenses of the Customer, in the event that the Seller has fraudulently concealed the defect, for goods which have been used for a building in accordance with their customary 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 delivery of goods with digital elements.

7.3 Furthermore, for traders, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are 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 regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

7.6 Manufacturing-related deviations of individually manufactured products from the respective product image within the meaning of Section 2.10 do not constitute a material defect.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding section. Material 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 fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 In all other respects, any liability of the Seller is excluded.

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

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution

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