Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Reflection period: The period during which the consumer can make use of his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing performance contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract concluded within the framework of an organized system by the entrepreneur for distance selling of products and/or services, where 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: Means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and the packaging with care. If the consumer makes use of his right of withdrawal, he shall return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions of the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can store it easily on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the remainder, and the provision in question shall be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under certain conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

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

If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• Any shipping costs;
• The manner in which the agreement will be concluded and which actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery and performance of the agreement;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used means of communication;
• Whether the agreement, after its conclusion, will be archived and, if so, in what way it can be accessed by the consumer;
• The way in which the consumer, before concluding the agreement, can check and, if desired, correct the information he has provided within the scope of the agreement;
• Any other languages in which, in addition to English, the agreement can be concluded;
• The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;
• The minimum duration of the distance contract in the event of a continuing performance contract;

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.

The entrepreneur may – within the limits of the law – obtain information about whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to its execution.

The entrepreneur shall provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service:

• The visiting address of the entrepreneur’s business location where the consumer can address complaints;
• The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• The information regarding guarantees and existing after-sales services;
• The data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reason within 30 days.

This reflection period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

During the reflection period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep the product.

If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 30 days after receipt of the product. The consumer must notify this by means of a written message or email.

After the consumer has expressed the intention to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the returned items were sent in time, for example by means of proof of shipment.

If the customer has not expressed the intention to use his right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, and/or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

• That have been created by the entrepreneur in accordance with specifications of the consumer;
• That are clearly personal in nature;
• That, by their nature, cannot be returned;
• That can spoil or age quickly;
• Whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
• For individual newspapers and magazines;
• For audio and video recordings and computer software of which the consumer has broken the seal;
• For hygienic products of which the consumer has broken the seal.

Article 9 – The Price

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

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

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

Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• They are the result of statutory regulations or provisions;
• The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The return of the products must take place in the original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
• The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur shall make an effort to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time and shall not be limited to termination at a specific time or during a specific period;
• at least in the same manner as they were entered into by him;
• always with the same notice period as the entrepreneur has stipulated for himself.

Renewal
A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate the renewed agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement involves regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise and oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the reflection period as referred to in Article 6 paragraph 1.

In the case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.

The consumer has the obligation to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right—subject to legal restrictions—to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

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 entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes

For agreements between the entrepreneur and the consumer to which these terms and conditions apply, only American law shall be applicable.

This also applies if the consumer resides abroad.