Terms of service

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Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader.

Day: a calendar day.

Long-term transaction: a distance contract relating to a series of products and/or services, whose delivery and/or purchase obligations are spread over time.

Durable data carrier: any means that enables the consumer or the trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to rescind the distance contract within the cooling-off period.

Trader (Entrepreneur): the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: an agreement concluded within the framework of a system organized by the trader for distance selling of products and/or services, in which, up to and including the conclusion of the agreement, one or more means of distance communication are used exclusively.

Means of distance communication: methods that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time.

General Terms and Conditions: the present general terms and conditions of the trader.

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Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to all distance contracts and orders concluded between the trader and the consumer.

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

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

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

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these terms shall remain in force, and the relevant provision shall be replaced immediately, by mutual agreement, with a provision that matches the intent of the original as closely as possible.

Situations not provided for in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.

Any uncertainties about the interpretation or content of one or more provisions of our terms must also be interpreted “in the spirit” of these general terms and conditions.

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Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

The offer is without obligation. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

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

Images of products are a true representation of the products offered. The trader cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

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

• the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer and are at the customer’s risk. The postal and/or courier service will use the special arrangement for postal and courier services with regard to import. This arrangement applies if the goods are imported into the EU’s country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with customs clearance costs) from the recipient of the goods;

• any shipping costs;

• the manner in which the agreement will be concluded and which actions are required for this;

• whether the right of withdrawal applies or not;

• the method of payment, delivery and execution of the agreement;

• the period for acceptance of the offer, or the period within which the trader guarantees the price;

• the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular base rate for the means of communication used;

• whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;

• the way in which the consumer, before concluding the agreement, can check the data they have provided in the context of the agreement and, if desired, correct it;

• any other languages in which the agreement, in addition to English, may be concluded;

• the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and

• the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of material.

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Article 5 – The Agreement

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

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

If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The trader may—within legal frameworks—obtain information on whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The trader shall send the following information to the consumer with the product or service, in writing or in a manner that allows it to be stored by the consumer in an accessible way on a durable data carrier:

• the visiting address of the trader’s business where the consumer can lodge complaints;

• the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;

• information about guarantees and existing after-sales service;

• the information included in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer before the agreement was concluded;

• 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

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Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.

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

If the consumer wishes to make use of the right of withdrawal, they are obliged to inform the trader thereof within 14 days of receiving the product. The consumer must notify this by a written notice/email. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise the right of withdrawal or has not returned the product to the trader, the purchase is a fact.

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Article 7 – Costs in the Event of Withdrawal

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

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is on condition that the product has already been received back by the online retailer or that conclusive evidence of a complete return can be provided.

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Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, 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 trader in accordance with the consumer’s specifications;

• that are clearly of a personal nature;

• that, by their nature, cannot be returned;

• that can spoil or age quickly;

• whose price depends on fluctuations in the financial market over which the trader 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 hygiene products where the consumer has broken the seal.

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

• relating to accommodation, transport, restaurant services or leisure activities to be carried out on a certain date or during a specified period;

• the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

• relating to betting and lotteries.

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Article 9 – The Price

Specific additional customs clearance fees and/or import duties are not included in the price and shall be borne by the customer.

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

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices, where the prices are subject to fluctuations in the financial market and over which the trader has no influence. This liability for fluctuations and the fact that any stated prices are guide prices will 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 the trader has stipulated this and:

• they are the result of statutory regulations or provisions; or

• the consumer has the right to dissolve the agreement as of the day on which the price increase takes effect.

According to Article 5.1 of the Turnover Tax Act 1968, the place of supply is the country where transport begins. In this case, this supply takes place outside the EU. After this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the trader.

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 trader is not obliged to deliver the product at the incorrect price.

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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 the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

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

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after 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 is never responsible for the product’s final suitability 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 altered the delivered products themselves or has had them repaired and/or altered by third parties;

• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader’s instructions and/or those on the packaging;

• The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

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Article 11 – Delivery and Execution

The trader shall exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously but no later than 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 carried out partially, the consumer will 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 possible compensation.

In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. At the latest upon delivery it will be stated clearly and comprehensibly 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 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 representative designated in advance and made known to the trader, unless expressly agreed otherwise.

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Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, with due observance of the 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 not be restricted to termination at a specific time or during a specific period;

• at least in the same manner as they were entered into by the consumer; and

• always with the same notice period as the trader has stipulated for themselves.

Renewal

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement concluded for a definite period and extending to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer may terminate this extended agreement with a notice period of no more than one month.

An agreement concluded for a definite period and extending to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and with a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily newspapers, news and weekly newspapers and magazines entered into 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 oppose termination before the end of the agreed duration.

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Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6.1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

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Article 14 – Complaints Procedure

Complaints about the performance 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 will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment 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 trader’s obligations, unless the trader indicates otherwise in writing.

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

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Article 15 – Disputes

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