Terms of service

Terms and Conditions with Customer Information

Scope
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Granting Usage Rights for Digital Content
Retention of Title
Warranty
Liability
Special Terms for the Processing of Goods According to Customer Specifications
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These Terms and Conditions (hereinafter "T&C") of Sven Blomenkamp, trading under "Sven Blomenkamp" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you"), enter into with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms unless we have agreed otherwise with you.

1.2 These T&C also apply to contracts for the delivery of vouchers unless otherwise specified.

1.3 These T&C apply to contracts for the provision of digital content unless otherwise specified. Digital content in the context of these T&C refers to data that is created and provided in digital form.

1.4 A consumer under these T&C is you if you enter into a legal transaction for purposes that are predominantly neither for your commercial nor independent professional activity.

1.5 An entrepreneur under these T&C is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in our online shop do not constitute binding offers on our part but serve as an invitation for you to submit a binding offer.

2.2 You can submit the offer through the integrated online order form in our online shop. After adding the selected goods to the virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer for the goods in the cart by clicking the button to complete the order.

2.3 We can accept your offer within five days by:

sending you a written order confirmation or an order confirmation in text form (fax or email), where the receipt of the order confirmation by you is decisive; or
delivering the ordered goods to you, where the receipt of the goods by you is decisive; or
requesting payment from you after you have submitted your order.

If multiple of the above alternatives occur, the contract is concluded at the time the first of these alternatives occurs. The acceptance period begins the day after the submission of your offer and ends at the end of the fifth day following the submission of the offer. If we do not accept your offer within this period, this is considered a rejection of the offer, and you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the applicable PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. When you pay via PayPal during the online ordering process, we accept your offer at the time you click the button that completes the order.

2.5 After the conclusion of the contract, the contract text will be stored by us and sent to you in text form (e.g., email, fax, or letter) after the submission of your order. We do not provide further access to the contract text. If you have created a user account in our online shop before submitting your order, the order data will be archived on our website and can be retrieved free of charge by you through your password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order, you can identify any input errors by carefully reading the information displayed on the screen. A useful technical means to detect input errors could be the zoom function in your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process until you click the button that completes the order.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact will generally take place via email and automated order processing. You must ensure that the email address you provided for order processing is accurate, so that emails sent by us can be received. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties engaged by us for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in our withdrawal instructions.

4) Prices and Payment Terms

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

4.2 For deliveries to countries outside the European Union, additional costs may arise, which we do not bear and which are to be paid by you. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery is not to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment options will be communicated to you in our online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract unless we have agreed on a later due date.

4.5 If you select a payment method offered via the payment service "Shopify Payments," payment processing is handled 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 will be communicated to you in our online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, and you may be separately notified. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

4.6 If the payment method "Invoice purchase" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within the period stated on the invoice without any deductions, unless otherwise agreed. We reserve the right to offer the payment method "Invoice purchase" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we will inform you about the payment restriction in our payment information in the online shop.

5) Delivery and Shipping Terms

5.1 If we offer shipping of the goods, the delivery will take place within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. The delivery address specified in our order processing is decisive for the transaction. However, when selecting PayPal as a payment method, the delivery address you have provided at the time of payment in PayPal is decisive.

5.2 If delivery fails for reasons attributable to you, you will bear the reasonable costs incurred by us. This does not apply to the delivery costs if you exercise your right of withdrawal effectively. The return shipping costs are governed by our withdrawal instructions in case of effective exercise of the right of withdrawal.

5.3 If you act as an entrepreneur, the risk of accidental destruction and deterioration of the goods passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental destruction and deterioration of the goods generally passes to you only upon delivery of the goods to you or to a person authorized to receive the goods. However, even when acting as a consumer, the risk of accidental destruction and deterioration passes to you when we deliver the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if you have instructed them to carry out the shipment and we have not named this person or institution beforehand.

5.4 We reserve the right to withdraw from the contract in case of incorrect or improper self-supply. This only applies if we are not responsible for the non-delivery and have concluded a specific procurement contract with the supplier with due care. We will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, you will be informed immediately, and the payment will be refunded to you promptly.

5.5 Self-pickup is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

- By email

5.7 Digital content will be provided to you as follows:

- By download

6) Granting Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in our online shop, we grant you a non-exclusive, geographically and temporally unlimited right to use the provided content for private as well as commercial purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these T&C is not permitted unless we have agreed to the transfer of the license in question to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights becomes effective only when you have fully paid the agreed compensation. We may allow you to use the content before this time on a provisional basis. However, such provisional permission does not transfer the rights.

7) Retention of Title

If we provide performance in advance, we retain ownership of the delivered goods until the full payment of the owed purchase price has been made.

8) Warranty

Unless otherwise stated in the following provisions, the statutory provisions on warranty apply. For contracts for the delivery of goods, the following applies:

8.1 If you act as an entrepreneur,

we have the choice of the method of subsequent performance;
the limitation period for warranty rights for new goods is one year from delivery of the goods;
warranty rights are excluded for used goods;
the limitation period does not start anew if a replacement delivery occurs as part of the warranty.

8.2 If you act as a consumer, the limitation period for warranty claims for used goods is one year from delivery of the goods, but only if we have explicitly agreed on this with you and you have been informed about the shortening of the limitation period before submitting your declaration of contract.

8.3 The limitations and reductions of the above warranty rules do not apply

for your claims for damages and reimbursement of expenses,
if we have fraudulently concealed the defect,
for goods that have been used for a construction project and have caused its defectiveness,
for any obligation on our part to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.4 Furthermore, the statutory limitation periods for any existing legal recourse claims remain unaffected for entrepreneurs.

8.5 If you are a merchant according to § 1 HGB, you are subject to the commercial inspection and notification obligations according to § 377 HGB. If you fail to fulfill these notification obligations, the goods are considered approved.

8.6 If you are a consumer, you are requested to complain to the carrier about any obvious transport damage and notify us. Failure to do so will not affect your statutory or contractual warranty rights.

9) Liability

The seller is liable to you for all contractual, quasi-contractual, and legal, including tortious, claims for damages and reimbursement of expenses as follows:

9.1 We are fully liable for any legal reason:

for intent or gross negligence,
for intentional or negligent injury to life, body, or health,
for a guarantee, unless otherwise agreed,
for mandatory liability, such as under the Product Liability Act.

9.2 If we negligently violate an essential contractual obligation, the liability is limited to the typical, foreseeable damage, unless we are fully liable as described above. Essential contractual obligations are those that the contract imposes on us to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible, and on which you regularly rely.

9.3 In all other cases, liability is excluded.

9.4 The above liability provisions also apply to our liability for our agents and legal representatives.

10) Special Terms for Processing Goods According to Customer Specifications

10.1 If we owe you, in addition to the delivery of goods, the processing of goods according to your specifications, you must provide us with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by us, and grant us the necessary usage rights for this. You are solely responsible for obtaining and acquiring the rights to these contents. You declare and assume responsibility that you have the right to use the contents provided to us. You are particularly responsible for ensuring that no third-party rights are violated, especially copyright, trademark, and personal rights.

10.2 You indemnify us from any third-party claims that may be asserted in connection with a violation of their rights due to the contractual use of the contents provided by you. This also includes the necessary legal defense costs, including all court and attorney fees in the statutory amount. This does not apply if the legal violation is not your fault. You are required to provide us with all truthful and complete information required for the examination of the claims and defense in the case of third-party claims.

10.3 We reserve the right to reject processing orders if the contents you provide for processing violate statutory or regulatory prohibitions or public morals. This particularly applies to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifying violence.

11) Redemption of Promotional Vouchers

11.1 Vouchers that we issue as part of promotional campaigns with a specified validity period and that cannot be purchased (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.

11.2 Individual products may be excluded from the voucher campaign if this is stated in the content of your promotional voucher.

11.3 Promotional vouchers can only be redeemed before the completion of the order process. A subsequent offsetting is not possible.

11.4 Only one promotional voucher can be redeemed per order.

11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by us.

11.6 If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other available payment methods to pay the remaining balance.

11.7 The balance of a promotional voucher will not be paid out in cash nor will it earn interest.

11.8 The promotional voucher will not be refunded if you return the goods purchased with the promotional voucher, either in full or in part, under your statutory right of withdrawal.

11.9 The promotional voucher is transferable. We can fulfill our obligations to the holder who redeems the voucher in our online shop. This does not apply if we have knowledge or gross negligence regarding the invalidity, legal incapacity, or lack of authorization of the holder. Let me know if you'd like further adjustments!