Terms and conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  • Reflection Period: the period within which the consumer can exercise their right of withdrawal.
  • Consumer: the natural person who is not acting in the course of a business or profession and enters into a remote agreement with the business.
  • Day: calendar day.
  • Ongoing Transaction: a remote agreement concerning a series of products and/or services, the delivery and/or acceptance of which is spread over time.
  • Durable Medium: any means that enables the consumer or business 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 ability for the consumer to cancel a remote agreement within the reflection period.
  • Business: the natural or legal person offering products and/or services remotely to consumers.
  • Remote Agreement: an agreement concluded within the framework of a system organized by the business for the remote sale of products and/or services, in which only one or more techniques for remote communication are used until the agreement is concluded.
  • Technique for Remote Communication: any means that can be used for concluding an agreement without the consumer and the business being physically present in the same location at the same time.
  • Terms and Conditions: these Terms and Conditions of the business.

Article 2 – Applicability

  1. These Terms and Conditions apply to every offer by the business and to every remote agreement and order between the business and the consumer.
  2. Before the remote agreement is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the conclusion of the agreement that the Terms and Conditions are available at the business and will be sent free of charge upon request.
  3. If the remote agreement is concluded electronically, the Terms and Conditions may be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed where the Terms and Conditions can be consulted electronically and that they will be sent free of charge upon request.
  4. If product- or service-specific conditions also apply, Articles 2.2 and 2.3 apply mutatis mutandis, and in case of conflicting terms, the provision most favorable to the consumer prevails.
  5. If one or more provisions of these Terms and Conditions are invalid or annulled, the remaining provisions remain in effect, and the invalid provision will be replaced in mutual consultation with one that closely approximates the original intention.
  6. Situations not covered by these Terms and Conditions shall be assessed “in the spirit” of these Terms and Conditions.
  7. Any ambiguity regarding the interpretation of these Terms and Conditions shall also be interpreted “in the spirit” of these Terms and Conditions.

Article 3 – Offers

  1. Offers with a limited validity period or subject to conditions will be clearly stated.
  2. All offers are non-binding. The business reserves the right to modify or withdraw the offer.
  3. Offers contain a full and accurate description of the products and/or services. Images are an accurate representation. Obvious errors in the offer do not bind the business.
  4. Product images are for reference only; actual colors may vary.
  5. Each offer contains sufficient information for the consumer to understand their rights and obligations, including:
    • Price (excluding import duties and taxes; additional costs are the consumer’s responsibility).
    • Shipping costs.
    • How the agreement is concluded.
    • Applicability of the right of withdrawal.
    • Payment, delivery, and execution of the agreement.
    • Validity period of the offer or price guarantee.
    • Any remote communication fees if applicable.
    • Archiving and access of the agreement.
    • Verification and correction of consumer-provided data.
    • Available languages.
    • Applicable codes of conduct.
    • Minimum duration for ongoing transactions.
    • Optional: sizes, colors, materials.

Article 4 – The Agreement

  1. The agreement is concluded when the consumer accepts the offer and meets the conditions.
  2. If the consumer accepts electronically, the business will confirm receipt electronically. Until confirmation, the consumer may cancel the agreement.
  3. The business ensures secure electronic data transfer and payment systems.
  4. The business may verify the consumer’s ability to pay and may refuse or impose conditions on an order if there are legitimate reasons.
  5. Information provided with the product/service includes:
    • Business address for complaints.
    • Terms for withdrawal/right of cancellation.
    • Warranty and after-sales service.
    • Requirements for terminating ongoing agreements.

Article 5 – Right of Withdrawal

  1. Consumers have 30 days to withdraw from product purchases without reason, starting the day after receipt.
  2. Consumers must handle products and packaging with care and return items in original condition.
  3. Withdrawal must be communicated within 30 days, and the product must be returned within 30 days. Proof of shipment may be required.
  4. If the consumer fails to notify or return the product within these periods, the sale is considered final.

Article 6 – Costs of Withdrawal

  1. Return shipping costs are the responsibility of the consumer.
  2. Refunds will be processed within 30 days of withdrawal, provided the product is received or proof of shipment is provided.

Article 7 – Exclusion of Withdrawal

  1. The right of withdrawal does not apply to:
    • Customized or personalized products.
    • Products not suitable for return due to nature or hygiene.
    • Perishable items or items subject to rapid depreciation.
    • Sealed audio/video recordings or software if opened.
    • Services performed on a specific date or agreed start before the withdrawal period ends.
    • Lotteries, wagers, or similar products.

Article 8 – Pricing

  1. Prices are fixed during the offer period, except for legal tax changes.
  2. Products affected by market fluctuations may have variable pricing.
  3. Price increases within 3 months of agreement are only allowed by law; after 3 months, only if contractually permitted.
  4. Delivery outside the U.S.: any import taxes or customs fees are the responsibility of the consumer.
  5. Prices are subject to typographical errors; the business is not liable.

Article 9 – Business Identity

  • Company Name: [YOUR COMPANY NAME]
  • Address: [YOUR COMPANY ADDRESS]
  • Email: info@[YOURDOMAIN].com
  • Registration Number: [YOUR BUSINESS REGISTRATION NUMBER]
  • VAT / Tax ID: [YOUR TAX ID]

Article 10 – Conformity and Warranty

  1. Products meet descriptions, reasonable standards, and applicable U.S. regulations.
  2. Manufacturer warranties do not affect legal consumer rights.
  3. Defects must be reported within 30 days of receipt.
  4. Warranty excludes misuse, unauthorized repair, abnormal conditions, or non-compliance with instructions.

Article 11 – Delivery and Execution

  1. Delivery occurs to the address provided by the consumer.
  2. Orders are shipped within 30 days, unless otherwise agreed.
  3. Risk of loss or damage remains with the business until delivery to the consumer.

Article 12 – Ongoing Transactions

  1. Consumers may terminate ongoing agreements with proper notice (max 1 month).
  2. Agreements for limited delivery periods (e.g., magazines) may auto-renew only within defined limits.
  3. Consumers may terminate agreements lasting over a year after the first year with 1 month notice.

Article 13 – Payment

  1. Payments are due within 7 days of the reflection period start unless agreed otherwise.
  2. Consumers must promptly correct any errors in payment information.
  3. Late payments may incur reasonable charges.

Article 14 – Complaints

  1. Complaints must be submitted within 7 days of discovering a defect.
  2. Businesses respond within 30 days.
  3. If valid, the business may repair or replace the product at no cost.

Article 15 – Governing Law

All agreements are governed by U.S. law. Disputes will be resolved according to applicable U.S. regulations.

Article 16 – CESOP / Payment Reporting

Due to 2024 regulations related to EU payment reporting, payment service providers may register transaction data in compliance with the central electronic system (CESOP). Note: This applies only for EU cross-border transactions.