Terms and Conditions

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General Terms and Conditions with Customer Information

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Table of Contents

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1. Scope

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Special Conditions for the Processing of Goods According to Specific Customer Specifications

10. Applicable Law

11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions The terms and conditions (hereinafter "GTC") of Rene Goth (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur 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 independent 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 to submit a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing 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 that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form, or by telephone.

2.3 The seller can accept the customer's offer within five days:

- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends on the expiry of the fifth day following the date on which the offer is sent. 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 result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out 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/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the Customer has submitted their order. The Seller will not make the contract text available beyond this. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can check for possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order 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 generally take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs will be 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 must be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise with regard 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 advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the "PayPal" payment service is selected, payment will be processed via PayPal; PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that require advance payment to the customer (e.g., purchase on account or installment payment), the seller assigns its payment claim 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 will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is accepted, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and reshipment, or credit notes.

4.6 If the "Instant Transfer" payment method is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," the customer must have an online banking account activated for participation in "Sofortüberweisung," provide appropriate identification during the payment process, and confirm the payment order. Klarna will immediately process the payment transaction and debit the customer's bank account. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out 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 are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.8 ​​If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method if the credit check is negative.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will 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 during the Seller's order processing is 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 to the costs of delivery if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provisions in the Seller's cancellation policy apply to the return shipping costs.

5.3 If the Customer is acting as an entrepreneur, 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 goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the seller has not previously designated 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 delivery to the seller. This only applies if the non-delivery is not the seller's responsibility and the seller has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods at the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

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 stipulated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:

7.1 If the customer is an entrepreneur,

- the seller has the choice of the type of subsequent performance;

- for new goods, the limitation period for warranty claims is one year from delivery of the goods;

- for used goods, warranty claims are excluded;

- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of time limits stipulated above do not apply

- to the customer's claims for damages and reimbursement of expenses,

- in the event that the seller has fraudulently concealed the defect,

- to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

- to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital Italian elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim 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 obligation to inspect and give notice of defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been accepted.

7.5 If the customer acts as a consumer, they are requested to complain to the deliverer about any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is 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 is liable without limitation for any legal reason:

- in the event of intent or gross negligence,

- in the event of intentional or negligent injury to life, limb, or health,

- based on a warranty promise, unless otherwise provided,

- based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

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

9) Special Conditions for the Processing of Goods According to Specific Customer Specifications

9.1 If, according to the content of the contract, the Seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the Customer must provide the Seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for ensuring that it has the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

9.2 The Customer shall indemnify the Seller against any claims asserted by third parties in connection with a violation of their rights through the Seller's contractual use of the Customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees up to the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary to examine the claims and to defend themselves.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Applicable Law

10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

11) Alternative Dispute Resolution

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

Copyright Notice: These General Terms and Conditions were prepared by the specialist lawyers of the IT Law Firm and are protected by copyright. Protected (https://www.it-recht-kanzlei.de)

As of: September 24, 2025