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 of Application

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 Requirements

10. Applicable Law

11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as...) These General Terms and Conditions (GTC) of Rene Goth (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or business (hereinafter referred to as "Customer") concludes with 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 rejected, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3 For the purposes of these GTC, a business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its 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 by the Seller, but serve as an invitation to the Customer to submit a binding offer.

2.2 The customer can submit an 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 offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by email, via the 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), in which case the receipt of the order confirmation by the customer is decisive; or

- delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive; or

- requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The acceptance period for the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission. If the seller does not accept the customer's offer within this period, it is deemed rejected, and the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/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 moment the customer clicks the button that completes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer submits 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 using the corresponding login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can correct any input errors by carefully reading the information displayed on the screen.

2.7 The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.

2.7 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding 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 are not citizens of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are located 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 quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred in connection with money transfers even if delivery is not 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 has been agreed, payment is due immediately upon 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 processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment of receivables, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the case of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and their submission, or credit notes.

4.6 When selecting the "Instant Bank Transfer" payment method, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung" (instant bank transfer), the customer must have an online banking account enabled for "Sofortüberweisung," authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then processed immediately by Klarna, and the customer's bank account is debited. Further information about 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" service is selected, payment processing is handled 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 displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which separate terms and conditions may apply. The customer will be notified separately of any such terms and conditions. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.8 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by 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 refuse this payment method in the event of a negative credit assessment.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as a business, the risk of accidental loss or accidental damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally passes to the customer only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the above, the risk of accidental loss or damage to the goods sold also passes to the customer, even if the customer is a consumer, as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

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

6) Retention of Title

If the seller performs in advance, they retain title to the delivered goods until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

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

7.1 If the customer is acting as an entrepreneur,

- the seller has the right to choose the type of supplementary performance;

- the limitation period for claims based on defects is one year from delivery of the goods for new goods;

- claims based on defects are excluded for used goods;

- The limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 The aforementioned limitations of liability and reductions of time limits do not apply

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

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

- to goods that, according to their customary use, have been used for a building 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 elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. Failure to do so will not affect their statutory or contractual rights regarding defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

- in cases of intent or gross negligence,

- in cases of intentional or negligent injury to life, body, or health,

- based on a guarantee promise, unless otherwise stipulated,

- 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 this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The foregoing 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 Requirements

9.1 If, according to the contract, the seller is obligated not only to deliver the goods but also to process them according to specific customer requirements, the customer must provide the seller with all content necessary for processing, such as texts, 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 obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and rights of personality.

9.2 The customer shall indemnify the seller against any third-party claims that may arise in connection with an infringement of their rights through the seller's contractual use of the customer's content. The customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or contravenes accepted standards of morality. 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 relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

10.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

11) Alternative Dispute Resolution

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

Copyright Notice: These Terms and Conditions were drafted by the specialist lawyers of the IT Law Firm and are protected by copyright.

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Last updated: April 1, 2026