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Terms and conditions

§ 1 Scope, Definitions
(1) The following general terms and conditions in their version valid at the time of the order shall apply exclusively to the business relationship between the seller and the customer. Deviating general terms and conditions of the customer are not accepted, unless the seller expressly agrees to their validity in writing.
(2) The identity of the seller can be found in the online shop before the order is placed.
(3) The customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot be attributed primarily to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal power which, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

§ 2 Conclusion of contract
(1) The customer can select products from the seller's assortment and collect them via the "Add to cart" button in a so-called shopping cart. Using the button "Buy now“ he submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer confirms the field "Accept terms and conditions and revocation instructions" by setting a checkmark.
(2) After submitting the application in accordance with paragraph 1, the seller shall send the customer an automatic acknowledgement of receipt by e-mail, in which the customer's order is listed again and which the customer can print via the "Print" function. The automatic acknowledgement of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded by the seller's submission of the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest at the time of delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) is sent to the customer by the seller on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection (see the information on data protection).
(3) The conclusion of the contract is made in English.

§ 3 Shipment, Product availability
(1) Delivery times specified by the seller shall be calculated from the time of dispatch of the order confirmation, provided that the purchase price is paid in advance (except when purchasing on account). If none or no different delivery time is specified for the respective goods in the online shop, it is usually 3 working days.
(2) If no copies of the product selected by the customer are available at the time of ordering, the seller shall inform the customer immediately in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance or indicates this in the order confirmation for the other orders. In this case, a contract does not come into being or does not come into being in this respect.
(3) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer immediately in the order confirmation.
(4) The following delivery restrictions exist: The seller only delivers to customers who have their habitual residence (billing address) in Germany and provide a domestic delivery address, unless delivery abroad is expressly offered in the corresponding web shop.
(5) If the seller is not supplied with the goods ordered by the customer itself, even though the seller has placed identical orders with reliable suppliers, the seller shall be released from a duty to perform and may withdraw from the contract. In doing so, the seller will immediately inform the customer of the unavailability and shall immediately refund payments already made to the customer in the event of withdrawal.

§ 4 Retention of title
Until full payment has been made, the delivered goods remain the property of the seller.
§ 5 Prices and shipping costs
(1) All prices stated on the seller's website are inclusive of the applicable statutory value added tax.
(2) The appropriate shipping costs are given to the customer in the order form and are to be borne by the customer, insofar as the customer does not exercise his right of withdrawal.
(3) The goods are dispatched by post. The seller bears the shipping risk if the customer is a consumer.
(4) In the event of revocation, the customer must bear the direct costs of the return. In this respect, reference is made to the revocation instruction.

§ 6 Payment terms
(1) The customer can make the payment with the payment service provider of the seller, PAYONE GmbH, by direct debiting, credit card (Visa/Mastercard), Klarna instant bank transfer, Pay-Pal, giropay and paydirekt.
(2) The customer may change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, he shall pay the seller interest for the year default interest of 5 percentage points above the base interest rate.
(4) The customer's obligation to pay interest on late payment does not preclude the seller from claiming further damages for delay.
(5) If the direct debit cannot be executed from the customer's account for reasons for which the customer is responsible, the seller will charge the customer for any costs and expenses incurred (in particular transaction fees of the participating banks).

§ 7 Material defects guarantee, Warranty
(1) The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 et seq. of the German Civil Code (BGB); §§ 474, 475 BGB also apply to the purchase of consumer goods.. The warranty period for goods delivered by the seller is 12 months for entrepreneurs.
(2) An additional guarantee exists for the goods delivered by the seller only if this has been expressly given in the order confirmation for the respective item.

§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Essential contractual obligations (cardinal obligations) are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the seller shall only be liable for the foreseeable damage typical of the contract if it has been caused by slight negligence, unless it is a claim for damages by the customer arising from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the seller, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the seller fraudulently concealed the defect or provided a guarantee for the quality of the goods. The provisions of the product liability law remain unaffected.

§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer to the exclusion of the UN Convention on Contracts for the sale of goods. The legal provisions restricting the choice of law and the applicability of mandatory provisions in any case of the state in which the customer is habitually resident as a consumer shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.
(3) The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. The statutory provisions shall replace the ineffective points where available. However, insofar as this would constitute an unreasonable hardship for a contracting party, the contract will become ineffective as a whole.