Terms of service

Terms and Conditions

Table of Contents

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Warranty (Defects Liability)
Liability
Special Conditions for Processing Goods According to Customer Specifications
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1

These General Terms and Conditions (“T&C”) of Andre Weidl (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2

A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

1.3

An entrepreneur within the meaning of these T&C is a natural or legal person or a legally capable partnership 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 in the Seller’s online shop do not constitute binding offers but serve to submit a binding offer by the Customer.

2.2

The Customer submits a binding contractual offer by completing the online ordering process and clicking the final order button.

2.3

The Seller may accept the Customer’s offer within five days by:

  • Sending a written order confirmation (email sufficient), or

  • Delivering the ordered goods, or

  • Requesting payment after the order has been placed.

The contract is concluded at the time one of these alternatives first occurs.

2.4

If a PayPal payment method is selected, payment processing is carried out via:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22–24 Boulevard Royal
L-2449 Luxembourg

The Seller declares acceptance of the offer at the moment the Customer completes the order.

2.5

If “Amazon Payments” is selected, payment processing is carried out via:

Amazon Payments Europe s.c.a.
38 avenue John F. Kennedy
L-1855 Luxembourg

The Seller declares acceptance at the moment the payment is triggered.

2.6

The contract text is stored by the Seller and sent to the Customer in text form (e.g., email). Further access to the contract text is not provided unless the Customer has created a user account.

2.7

Before submitting a binding order, the Customer may identify and correct input errors using standard browser functions.

2.8

The contract may be concluded in different languages as displayed in the online shop.

2.9

Order processing and communication generally take place via email. The Customer must ensure the correctness of their email address and that emails are not blocked by spam filters.

3) Right of Withdrawal

3.1

Consumers are generally entitled to a right of withdrawal.

3.2

Details are provided in the Seller’s withdrawal policy.

3.3

The right of withdrawal does not apply to consumers who are not residents of an EU Member State and whose residence and delivery address are outside the EU at the time of contract conclusion.

4) Prices and Payment Terms

4.1

All prices are total prices. VAT is not charged because the Seller qualifies as a small business under German VAT law (Section 19 UStG). Shipping costs are indicated separately.

4.2

For deliveries outside the European Union, additional costs (e.g., customs duties, bank transfer fees, exchange rate fees) may arise and must be borne by the Customer.

4.3

Available payment methods are displayed in the online shop.

4.4

Payments via Shopify Payments are processed by:

Stripe Payments Europe Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin, Ireland

Further details are available at:
https://www.shopify.com/legal/terms-payments-de

5) Delivery and Shipping Conditions

5.1

Delivery is made to the address specified by the Customer. In the case of PayPal payments, the PayPal delivery address is decisive.

5.2

If delivery fails for reasons attributable to the Customer, the Customer shall bear the resulting reasonable costs.

5.3

For entrepreneurs, risk passes upon handover to the carrier.
For consumers, risk passes upon delivery unless the Customer independently commissions a carrier not named by the Seller.

5.4

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.

5.5

Self-collection is not possible.

6) Retention of Title

The Seller retains ownership of the delivered goods until full payment has been received.

7) Warranty (Defects Liability)

Statutory warranty provisions apply unless otherwise stated.

For entrepreneurs:

  • The Seller may choose the type of subsequent performance.

  • Limitation period for new goods: one year.

  • No warranty for used goods.

  • Replacement delivery does not restart the limitation period.

Exclusions do not apply in cases of:

  • Personal injury

  • Fraudulent concealment

  • Product liability

  • Mandatory statutory provisions

Commercial customers must comply with inspection and notification obligations.

8) Liability

8.1 Unlimited Liability

The Seller is fully liable for:

  • Intent and gross negligence

  • Injury to life, body, or health

  • Guarantees

  • Product liability law

8.2 Limited Liability

For negligent breach of essential contractual obligations, liability is limited to foreseeable damage typical for the contract.

8.3 Otherwise excluded

Further liability is excluded.

8.4 Applies also to agents and representatives.

9) Special Conditions for Processing Goods According to Customer Specifications

9.1

If goods are processed according to customer specifications, the Customer must provide all necessary content (texts, images, graphics) and grant the required usage rights.

The Customer is solely responsible for ensuring that no third-party rights (e.g., copyright, trademark, personality rights) are infringed.

9.2

The Customer shall indemnify the Seller against third-party claims arising from such content.

9.3

The Seller may refuse processing orders if content violates laws or public morals (e.g., unconstitutional, racist, discriminatory, youth-endangering, or violence-glorifying content).

10) Applicable Law

10.1

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only insofar as mandatory consumer protection laws of the country of habitual residence are not overridden.

10.2

The choice of law does not apply to the statutory right of withdrawal for consumers residing outside the EU with delivery addresses outside the EU.

11) Alternative Dispute Resolution

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

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