Terms of service

Scope of Application
Conclusion of Contract
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 General Terms and Conditions (hereinafter “GTC”) of Justin Slendik (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his 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 GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor 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 by the Seller but serve to enable the Customer to submit a binding offer.

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 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 order process.

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

sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, whereby 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 time when one of the aforementioned alternatives occurs first. The acceptance period begins on the day after the offer is sent by the Customer and ends upon expiry 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 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 When selecting a payment method offered by PayPal, 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 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method available in 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 ordering via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax, or letter) after the order has been placed. Any further accessibility of the contract text by the Seller does not take place.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. A useful technical means to better detect input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

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

2.8 Order processing and contact are generally carried out by 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 this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) available to the Customer are communicated in the Seller’s online shop.

4.3 When selecting a payment method offered via the payment service “PayPal”, payment processing is carried out via PayPal, which may also use third-party payment service providers. If the Seller offers payment methods via PayPal in which the Seller makes advance payments to the Customer (e.g. invoice purchase or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and named to the Customer. Before accepting the assignment declaration of the Seller, PayPal or the commissioned payment service provider carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative result of the check. 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, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries such as goods, delivery time, shipment, returns, complaints, cancellation declarations and returns, or credit notes.

4.4 When selecting the payment method “instant bank transfer”, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount via “instant bank transfer”, the Customer must have an online banking account enabled for participation in “instant bank transfer”, authenticate accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the Customer’s bank account is debited. Further information on the payment method “instant bank transfer” can be found at https://www.klarna.com/sofort/.

4.5 When selecting a payment method offered via “Shopify Payments”, payment processing is 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 online shop. Stripe may use additional payment services for payment processing, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on “Shopify Payments” can be found at https://www.shopify.com/legal/terms-payments-de.

4.6 When selecting a payment method offered via “Klarna”, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and the applicable terms of Klarna can be viewed here:

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall 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 order process is decisive for 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 delivery if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of effective exercise of the right of withdrawal, the regulation stated in the Seller’s cancellation policy shall apply.

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 item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk generally passes only upon handover of the goods to the Customer or an authorized recipient. By way of exception, the risk also passes to the Customer if the Customer has commissioned the carrier and the Seller has not previously named this person or institution.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a proper covering transaction with the supplier with due care. The Seller will make reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance delivery, the Seller retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the provisions of statutory liability for defects shall apply. Deviating therefrom, 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 defect claims for new goods is one year from delivery of the goods;
defect rights for used goods are excluded;
the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortening 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,
for goods that have been used in accordance with their usual use for a building and have caused its defectiveness,
for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

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

7.4 If the Customer acts as a merchant within the meaning of Section 1 HGB, the commercial inspection and notification obligations pursuant to Section 377 HGB apply. If the Customer fails to comply with the notification obligations, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report obvious transport damage to the delivery person and inform the Seller. Failure to do so has no effect on the Customer’s statutory or contractual warranty rights.

8) Liability

The Seller shall be 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 shall be liable without limitation for:

intent or gross negligence,
injury to life, body, or health caused intentionally or negligently,
guarantees, unless otherwise regulated,
mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies under the previous paragraph. Essential contractual obligations are those obligations which the contract imposes on the Seller to achieve its purpose, the fulfilment of which is essential for proper execution of the contract, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply to the Seller’s vicarious agents and legal representatives.

9) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.