Terms and Conditions

General Terms and Conditions

  1. Scope The following Terms and Conditions apply to all orders placed through our online store by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legally responsible partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

For entrepreneurs, the following applies: If the entrepreneur uses opposing or supplementary General Terms and Conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

  1. Contracting Party, Conclusion of Contract, Correction Possibilities The purchase contract is concluded with Benjamin Schwalm.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive a confirmation by e-mail.

  1. Contract Language, Storage of Contract Text The available language for the conclusion of the contract: German

We save the contract text and send you the order data and our Terms and Conditions in text form. The contract text is no longer accessible over the Internet for security reasons.

  1. Delivery Conditions In addition to the indicated product prices, shipping costs may apply. You can find out more about the amount of the shipping costs in the offers.

We only deliver by shipping. Unfortunately, it is not possible to collect the goods yourself.

  1. Payment In our shop, the following payment methods are generally available:

Alipay To pay the invoice amount via the payment service provider Alipay (Europe) Limited S.A, 11-13 Boulevard de la Foire, L-1528 Luxembourg ("Alipay"), you must be registered with Alipay, possibly authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Alipay immediately after the order is placed. Further information will be provided during the ordering process.

Credit Card, Debit Card In the ordering process, you enter your credit or debit card details. Your card will be charged immediately after the order is placed.

PayPal To pay the invoice amount via the payment service provider PayPal (Europe) S.Ă  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 access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information will be provided during the ordering process.

Sofort by Klarna To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, authenticate accordingly, and confirm the payment instruction. Your account will be charged immediately after placing the order. Further information will be provided during the ordering process.

giropay / paydirekt In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt"), we offer the payment methods giropay and paydirekt.

giropay To pay the invoice amount via giropay, you must have a bank account activated for online banking, authenticate accordingly, and confirm the payment instruction. Your account will be charged immediately after placing the order. Further information will be provided during the ordering process.

paydirekt To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, authenticate with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information will be provided during the ordering process.

  1. Right of Withdrawal Consumers have the statutory right of withdrawal, as described in the withdrawal instructions. No voluntary right of withdrawal is granted to entrepreneurs.

  2. Reservation of Ownership The goods remain our property until full payment is made.

For entrepreneurs, the following applies additionally: We retain ownership of the goods until all claims from an ongoing business relationship are fully settled. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale - irrespective of combining or mixing the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect them ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the value of our outstanding claims by more than 10%.

  1. Transport Damages For consumers: If goods are delivered with obvious transport damages, please complain about such defects as soon as possible to the deliverer and contact us immediately. The failure to lodge a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular, your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
  1. Warranty and Guarantees Application of statutory warranty rights

Unless expressly agreed otherwise below, statutory warranty rights apply.

The following limitations and shortened periods do not apply to claims for damages caused by us, our legal representatives, or agents:

  • for injury to life, limb, or health
  • for intentional or grossly negligent breach of duty as well as fraud
  • for violation of essential contractual obligations, the fulfillment of which is necessary for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed, or
  • as far as the scope of the Product Liability Act is opened.

Limitations against consumers

When buying used goods by consumers: if the defect occurs after one year from the delivery of the goods, the defect claims are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

Limitations against entrepreneurs

For entrepreneurs, our own statements and the manufacturer's product descriptions included in the contract are the only agreement on the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. For entrepreneurs, the warranty period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made without any warranty. The statutory periods of limitation for the right of recourse according to § 445a BGB remain unaffected.

Regulations against merchants

Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB applies. If you fail to give notice as regulated there, the goods are considered approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with each product and on special information pages in the online shop.

  1. Liability For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
  • for injury to life, limb, or health,
  • for intentional or grossly negligent breach of duty,
  • for guarantee promises, if agreed, or
  • as far as the scope of the Product Liability Act is opened.

In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations), through slight negligence by us, our legal representatives, or agents, liability is limited in amount to the foreseeable damage at the time of contract conclusion, which typically must be expected.

Otherwise, claims for damages are excluded.

  1. Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

  2. Final Provisions If you are an entrepreneur, German law applies, excluding the UN Sales Convention.