The right of revocation does not exist
(1)where goods are supplied which are not prefabricated and the manufacture of which is determined by the consumer's individual choice or destination or which are clearly tailored to the consumer's personal needs (e.g. T-shirts with your photo and your name), or in the case of the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) Before returning the goods, please call us at the above telephone number to announce the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
9 Transportation Damage
(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.
(2) The omission of a complaint or establishment of contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
12 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be found under the external link http://ec.europa.eu/consumers/odr/.
We seek to settle any dissensions arising from our contract by mutual agreement. In addition, we are not obliged to participate in any arbitration process and unfortunately cannot offer you participation in such procedure.
10 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used items - deviating from the statutory provisions - is one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and the compliance with which the contractual partner may regularly rely on (cardinal obligation), as well as to claims based on other damage resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Otherwise, the statutory provisions shall apply to the warranty.
11 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
12 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be found under the external link http://ec.europa.eu/consumers/odr/.
We seek to settle any dissensions arising from our contract by mutual agreement. In addition, we are not obliged to participate in any arbitration process and unfortunately cannot offer you participation in such procedure.
13 Final Clause
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: September 2023