Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Contract Duration and Contract Termination Regarding Subscription Contracts
7. Reservation of Proprietary Rights
8. Warranty
9. Liability
10. Applicable Law
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Antonia Tewes und Niklas Beckmann GbR (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or atrader (hereinafter referred to as "Client”) and the Seller relating toall goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is here with objected to, unless other terms have been stipulated.
1.2 Aconsumer pursuant to these GTC is any natural person concluding a legaltransaction for a purpose attributed neither to a mainly commercial nor aself-employed occupational activity.
1.3 Atrader pursuant to these GTC is a natural or legal person or a partnership withlegal capacity who, when concluding a legal transaction, acts in the exerciseof his commercial or independent professional activity.
1.4 According to the Seller’ product description, the object of thecontract may be the supply of goods by way of a one-time delivery or the supplyof goods by way of a stable delivery (hereinafter referred to as “subscriptioncontract”). In case of a subscription contract, the Seller commits to supplythe Client with the contractually owed goods for the duration of the agreedcontract period and at the contractually agreed time intervals.
2)Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting abinding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goodsand/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits alegally binding offer of contract with regard to the goods and/or servicescontained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation inwritten form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the timewhen one of the aforementioned alternatives firstly occurs. Should the Sellernot accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is nolonger bound by his statement of intent.
2.4 When submitting an offer via the Seller's online order form, the text of thecontract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's onlineshop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display onthe screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The English language is exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3)Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instructionon cancellation.
4)Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
5)Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 Shouldthe assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts toobtain the goods. In case of non-availability or partial availability of thegoods he shall inform the Client and grant him immediately counterperformance.
6)Contract Duration and Contract Termination Regarding Subscription Contracts
6.1 Subscription contracts are limited in time. The contract term is indicated in the respective product description in the Seller's online shop. Subcription contracts terminate automatically after the expiry of the contract period.
6.2 The right to immediate termination for important reasons remains unaffected. An important reason isconsidered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular caseand with balanced judgement of mutual interests.
6.3 Notices of termination can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation feature (cancellation button) provided by the Seller on its website.
7)Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8)Warranty
8.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
8.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
8.3 The above-mentioned limitations of liability and shortening of the period oflimitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
8.4 Furthermore, for traders, the statutory limitation periods for any statutory right ofrecourse that may exist shall remain unaffected.
8.5 If the Client is a businessperson pursuant to section 1 of the German CommercialCode (HGB) he has the commercial duty to examine the goods and notify theSeller of defects pursuant to section 377 HGB. Should the Client neglect theobligations of disclosure specified therein, the goods shall be deemedapproved.
8.6 If the Client acts as a consumer, the forwarding agent has to be immediatelynotified of any obvious transport damages and the Seller has to be informedaccordingly. Should the Client fail to comply therewith, this shall not affecthis statutory or contractual claims for defects.
9)Liability
The Seller is liable to theClient for all contractual, quasi-contractual and legal, including tortiousclaims for damages and reimbursement of expenses as follows:
9.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
9.2 If the Seller negligently breaches a material contractual obligation, liability islimited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the Sellerin accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible inthe first place and on whose compliance the Client can regularly rely.
9.3 Otherwise, liability on the part of the Seller is excluded.
9.4 The above liability provisions also apply with regard to the liability of theSeller for his vicarious agents and legal representatives.
10)Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the partiesunder exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that thegranted protection is not withdrawn by mandatory provisions of the law of thecountry, in which the Consumer has his habitual residence.
11)Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternativedispute resolution entity.
Version: 24.07.2025, 17:10:51 Clock
