General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: The period during which the consumer may exercise their right of withdrawal.
• Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader.
• Day: Calendar day.
• Ongoing transaction: A distance contract concerning a series of products and/or services, with the obligation for supply and/or purchase spread over time.
• Durable data carrier: Any means that enables the consumer or trader to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
• Trader: The natural or legal person who offers products and/or services remotely to consumers.
• Distance contract: A contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
• Means of distance communication: A means that can be used to conclude a contract, without the consumer and trader being simultaneously in the same physical space.
• General Terms and Conditions: These General Terms and Conditions of the trader.

Article 2 - Right of Withdrawal

The consumer has the right to withdraw from the contract within 14 days without providing any reason.

During the cooling-off period, the consumer shall handle the product and packaging with care. If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition, in accordance with the reasonable instructions of the trader.

Article 3 - Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and orders concluded between the trader and the consumer.

Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises and will be sent to the consumer upon request free of charge.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise upon request free of charge.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer can always rely on the provision that is most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced in mutual consultation by a provision that approaches the original intent as closely as possible.

Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in the spirit of these general terms and conditions.

Article 4 - The Offer

Where an offer is subject to a limited period of validity or conditional terms, this shall be explicitly stated in the offer.

The offer shall be without obligation. The trader reserves the right to modify and adjust the offer.

The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable proper assessment of the offer by the consumer.

Where the trader utilises images, these shall constitute a true representation of the products and/or services offered. Apparent mistakes or obvious errors in the offer shall not be binding upon the trader.

All images, specifications, and data in the offer are indicative and shall not give rise to compensation claims or contract termination. Product images shall constitute a true representation of the products offered. The trader cannot guarantee that displayed colours precisely match the actual colours of the products.

Each offer shall contain such information that makes clear to the consumer the rights and obligations attached to accepting the offer. This specifically includes: a) Any shipping costs; b) The manner in which the agreement shall be concluded and what actions are required; c) Whether or not the right of withdrawal applies; d) The method of payment, delivery, and performance of the agreement; e) The period for acceptance of the offer, or the period within which the trader guarantees the price; f) The rate for distance communication if the costs for using the technology for distance communication are calculated on a basis other than the regular basic rate; g) Whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer; h) The manner in which the consumer may verify and, if desired, rectify the information provided under the agreement prior to its conclusion; i) Any languages other than English in which the agreement may be concluded; j) The codes of conduct to which the trader has subscribed and how these can be consulted electronically; k) The minimum duration of the distance agreement in the case of an extended transaction.

Optional information may include: available sizes, colours, and types of materials.

Article 5 - The Agreement

Subject to the provisions in paragraph 4, the agreement shall be concluded upon the consumer's acceptance of the offer and fulfilment of the corresponding conditions thereto.

Where the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer by electronic means. The consumer may dissolve the agreement until the trader has confirmed receipt of this acceptance.

Where the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. Where the consumer can make electronic payments, the trader shall observe appropriate security measures.

Within legal parameters, the trader may investigate whether the consumer can meet their payment obligations, as well as investigate all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has reasonable grounds not to enter into the agreement, they are entitled to refuse an order or application with stated reasons, or to attach special conditions to its execution.

The trader shall provide the consumer with the following information, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium: a) The visiting address of the trader's establishment where the consumer can lodge complaints; b) The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c) Information about guarantees and post-purchase customer service; d) The information contained in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement; e) The requirements for terminating the agreement where the agreement has a duration of more than one year or is of indefinite duration.

In the case of an extended transaction, the provision in the previous paragraph shall only apply to the first delivery.

Every agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the trader.

During the cooling-off period, the consumer shall handle the product and packaging with due care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to retain the product. If exercising the right of withdrawal, the consumer shall return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. This notification must be made in writing or by email.

After notifying their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned in a timely manner, for example, by providing proof of shipment.

If the consumer has not indicated their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the trader, the purchase becomes final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid any amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that: a) The product has been received back by the trader; or b) The consumer has provided conclusive evidence of complete return shipment.

Article 8 - Exclusion of Right of Withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Such exclusion shall only apply if the trader clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only permitted for products: a) Created by the trader according to the consumer's specifications; b) That are clearly personal in nature; c) That cannot be returned due to their nature; d) That can rapidly deteriorate or expire; e) Whose price is subject to fluctuations in the financial market over which the trader has no influence; f) For individual newspapers and magazines; g) For audio and video recordings and computer software where the consumer has broken the seal; h) For hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only permitted for services: a) Concerning accommodation, transport, restaurant businesses or leisure activities to be provided on a specific date or during a specific period; b) Whose delivery has begun with the consumer's explicit prior consent before the cooling-off period has expired; c) Concerning betting and lotteries.

Article 9 - Pricing

During the validity period stated in the offer, the prices of the products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader's control at variable prices. This linkage to fluctuations and the fact that any prices quoted are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if: a) The trader has stipulated this; and b) They result from statutory regulations or provisions; or c) The consumer has the authority to terminate the agreement effective from the date the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and statutory provisions and/or government regulations existing on the date of conclusion of the agreement.

If agreed, the trader also guarantees that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader shall never be responsible for: a) The ultimate suitability of the products for each individual application by the consumer b) Any advice regarding the use or application of the products

The warranty does not apply if: a) The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties b) The delivered products have been exposed to abnormal conditions or have been handled negligently or contrary to the trader's instructions and/or packaging instructions c) The defectiveness results wholly or partially from regulations established or to be established by the government concerning the nature or quality of the materials used

Article 11 - Delivery and Execution

The trader shall exercise the greatest possible care in receiving and executing orders for products.

Subject to Article 4 of these terms and conditions, the company shall execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

In the event of termination under the preceding paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader shall endeavour to provide a replacement article. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative made known to the trader, unless explicitly agreed otherwise.

Article 12 - Duration Transactions: Term, Termination and Extension

Termination: a) The consumer may terminate an agreement entered into for an indefinite period, which provides for regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period not exceeding one month.

b) The consumer may terminate a fixed-term agreement that provides for regular delivery of products or services at any time by the end of the fixed period, subject to the agreed termination rules and a notice period not exceeding one month.

c) Regarding the agreements mentioned in the previous paragraphs, the consumer may:

Terminate at any time, not limited to termination at a specific time or during a specific period

At minimum, terminate in the same manner as they were entered into

Always terminate with the same notice period as the trader has stipulated for themselves

Extension:

a) A fixed-term agreement for regular delivery of products or services may not be automatically extended or renewed for a specific duration.

b) Notwithstanding the above, an agreement for the regular delivery of daily, weekly or monthly newspapers or magazines may be tacitly extended for a maximum of three months if the consumer can terminate the extended agreement by the end of the extension with a notice period not exceeding one month.

c) A fixed-term agreement for regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period not exceeding one month, or three months in cases of less frequent than monthly delivery of newspapers and magazines.

d) Fixed-term trial or introductory subscriptions shall not be tacitly continued and shall automatically terminate after the trial or introductory period.

Duration: If an agreement has a duration exceeding one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless reasonable and fair dealing oppose termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, amounts payable by the consumer shall be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6(1).

For service agreements, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided payment details to the trader without delay.

In case of consumer default, subject to legal restrictions, the trader has the right to charge reasonable costs previously made known to the consumer.

Article 14 - Complaints Procedure

Complaints about the execution of the agreement must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader shall be responded to within 14 days from the date of receipt.

If a complaint requires a foreseeable longer processing time, the trader shall respond within 14 days with an acknowledgement and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the trader and consumer to which these general terms and conditions apply shall be governed exclusively by English law, even if the consumer resides abroad.