Terms and Conditions
1. Scope of Application
The following Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession.
For entrepreneurs the following applies: if the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby expressly rejected; they only become part of the contract if we have expressly agreed to them.
2. Contracting Parties, Conclusion of Contract, Correction Options
The purchase contract is concluded with Tobias Waschfeld.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the items in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for concluding the contract: German
We store the contract text and send you the order details and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Delivery Conditions
In addition to the stated product prices, shipping costs are added. You can find more details about the shipping costs in the respective offers.
We deliver only by shipping. Unfortunately, self-collection of the goods is not possible.
We do not deliver to parcel lockers.
5. Payment
The following payment methods are generally available in our shop:
Advance Payment
If you choose advance payment, we will send you our bank details in a separate email. The goods will be shipped after receipt of payment.
Credit Card
During the ordering process, you enter your credit card details. Your card will be charged immediately after placing the order.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your login credentials and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information is provided during the ordering process.
PayPal may offer additional payment options to registered customers selected at its own discretion within their customer account. We have no influence over the availability of these options; any such individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: we retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; all claims resulting from such resale — regardless of any combination or mixing of the goods with a new item — are hereby assigned to us in advance up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations. We will release any securities to which we are entitled upon your request, to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport Damage
For consumers, the following applies: if goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately if possible, and contact us without delay. Failing to make a complaint or contact us has no consequences for your legal rights or their enforcement, especially your warranty rights. However, it helps us assert our own claims against the carrier or transport insurance.
For entrepreneurs, the following applies: the risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment.
9. Warranty and Guarantees
9.1 Legal warranty rights
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following limitations and shortened time periods do not apply to claims for damages caused by us, our legal representatives, or agents.
- in the event of injury to life, body, or health
- in cases of intentional or grossly negligent breach of duty as well as fraud
- in the event of a breach of essential contractual obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee commitment, if agreed, or
- insofar as the scope of the Product Liability Act is applicable.
Limitations towards entrepreneurs
For entrepreneurs, only our own specifications and the manufacturer’s product descriptions that have been incorporated into the contract shall be deemed binding specifications of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Provisions applicable to merchants
Among merchants, the obligation to inspect and give notice of defects as set out in § 377 of the German Commercial Code (HGB) applies. If you fail to notify us as specified therein, the goods shall be deemed accepted, unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed the defect.
9.2 Guarantees and Customer Services
Information about any additional warranties that may apply and their exact conditions can be found with the respective product and on dedicated information pages in our online shop.
10. Liability
We are always fully liable for claims arising from damages caused by us, our legal representatives, or agents.
- in the event of injury to life, body, or health,
- in cases of intentional or grossly negligent breach of duty,
- under a guarantee commitment, if agreed, or
- insofar as the scope of the Product Liability Act is applicable.
In the event of a breach of essential contractual obligations, whose fulfilment is a prerequisite for the proper execution of the contract and on whose observance the contracting party may regularly rely (cardinal obligations), due to slight negligence on our part, or on the part of our legal representatives or agents, liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
All other claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find here. We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The competent authority is the General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
Terms and Conditions created with the Trusted Shops Legal Text Generator
