Terms of service

Table of Contents

Scope of Application
Contract Formation
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (hereinafter "T&Cs") of Daniel Weber and Marco Ploch GbR (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Contract Formation

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer may 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 going through 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 concludes the ordering process. The Customer may also submit the offer to the Seller by e-mail.

2.3 The Seller may accept the Customer's offer within five days by

  • transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or

  • delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

  • requesting payment from the Customer after submission of the Customer's order.

If several of the aforementioned alternatives occur, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is 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 PayPal's Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer selects a payment method offered by PayPal that is selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order is sent. The Seller does not provide any further accessibility of the contract text. If the Customer has set up a user account in the Seller's online shop before sending its order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via its 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 identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors may be the browser's magnification function, which enlarges the display on the screen. The Customer can correct its inputs during the electronic ordering process using the usual keyboard and mouse functions as long as it has not clicked the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received under this address. In particular, when using SPAM filters, the Customer shall ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

2.9 When ordering alcoholic beverages, the Customer confirms by submitting the order that it has reached the legally required minimum age.

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 withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs are separately indicated in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the payment service "PayPal" is selected, the payment is processed via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which it advances payment to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim to this extent to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method 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 in the agreed payment intervals. In this case, the Customer can only discharge its debt to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and shipments or credits.

4.5 If the "Sofortüberweisung" (immediate bank transfer) payment method is selected, the payment is processed via Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account released for participation in "Sofortüberweisung", identify itself accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found by the Customer on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, the payment is processed via 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. For payment processing, Stripe may use further payment services for which special payment conditions may apply, to which the Customer may be separately referred. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the Seller to collect claims on its behalf. PAYONE GmbH collects the invoice amount from the Customer's specified credit card account. The charge to the credit card is made immediately after the Customer submits the order in the online shop. Even if the credit card payment method is selected via PAYONE GmbH, the Seller remains responsible for general customer inquiries e.g. regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and shipments or credits.

4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the case of assignment, payment can only be made to secupay AG with discharging effect. The charge to the credit card is made immediately after the Customer submits the order in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries e.g. regarding returns, complaints, withdrawal declarations and shipments or credits.

4.9 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out 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 carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction. If the PayPal payment method is selected, the delivery address deposited by the Customer with PayPal at the time of payment is decisive.

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 does not apply to the costs of the outward shipment if the Customer effectively exercises its right of withdrawal. For the costs of return, the regulation made in the Seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only when the goods are handed over to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer, even in the case of consumers, as soon as the Seller has handed over the goods to the carrier, freight forwarder or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named 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 self-supply. This only applies if the non-delivery is not the responsibility of the Seller and it has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts 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 consideration will be refunded immediately.

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

6) Retention of Title

If the Seller makes advance performance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;

  • the limitation period for claims for defects in the case of new goods is one year from delivery of the goods;

  • claims for defects in the case of used goods are excluded;

  • the limitation period does not restart if a replacement delivery is made as part of the liability for defects.

7.2 If the Customer acts as a consumer, in the case of contracts for the delivery of used goods, the limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting its contractual declaration.

7.3 The aforementioned liability limitations and shortening of limitation periods do not apply

  • to Customer claims for damages and reimbursement of expenses,

  • if the Seller has maliciously concealed the defect,

  • for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,

  • for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of Section 1 HGB, it is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, it is requested to complain to the deliverer about delivered goods with obvious transport damage and to notify the Seller thereof. Failure to comply with this has no effect on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation from any legal cause

  • in the event of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body or health,

  • on the basis of a warranty promise, unless otherwise regulated therein,

  • on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual duty, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual duties are duties imposed on the Seller by the content of the contract to achieve the contractual purpose, the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The foregoing liability provisions also apply with regard to the liability of the Seller for its vicarious agents and statutory representatives.

9) Applicable Law

All legal relations between the parties are governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is not withdrawn.

10) Alternative Dispute Resolution

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

Date: December 16, 2025, 10:53:41 AM