Terms of service
This English translation is provided for convenience only. In case of discrepancies, the German version prevails
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of c.w.design GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected, unless otherwise agreed.
1.2 For contracts regarding vouchers, these GTC apply accordingly unless otherwise stipulated.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.4 An entrepreneur is a natural or legal person, or a partnership with legal capacity, acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 Product descriptions in the Seller’s online shop do not constitute binding offers but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form. After placing selected goods in the shopping cart and completing the ordering process, the Customer submits a legally binding offer by clicking the final order button.
2.3 The Seller may accept the Customer’s offer within five days by:
- sending a written order confirmation (email, fax, or letter),
- delivering the ordered goods, or
- requesting payment from the Customer after the order is placed.
The contract is concluded when one of these events occurs first. If the Seller does not accept the offer within this period, the offer is deemed rejected.
2.4 If PayPal is selected as payment method, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, subject to PayPal’s terms of use. In this case, the Seller already accepts the offer when the Customer completes the order.
2.5 After contract conclusion, the contract text is stored by the Seller and sent to the Customer via email. No additional access to the contract text is provided. Registered customers may access order data in their account.
2.6 Before submitting an order, the Customer can identify and correct input errors using standard browser functions.
2.7 The contract language is German.
2.8 Order processing is carried out via email and automated systems. The Customer must ensure that the provided email address is correct and able to receive messages.
3) Right of Withdrawal
3.1 Consumers have a statutory right of withdrawal.
3.2 Details are provided in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices including statutory value-added tax (VAT). Any additional delivery and shipping costs, if applicable, will be indicated separately in the respective product description.
4.2 Available payment methods are shown in the online shop.
4.3 If a payment method offered via the payment service “PayPal” is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose.
If the Seller also offers payment methods via PayPal in which the Seller makes advance payment to the Customer (e.g. purchase on invoice or instalment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer.
Before accepting the assignment declaration of the Seller, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the result of the credit check is negative.
If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed instalments. In this case, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal, returns, or credit notes.
4.7 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit assessment.
5) Delivery and Shipping Conditions
5.1 If the seller offers shipment of the goods, delivery shall be made within the seller’s specified delivery area to the delivery address provided by the customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the seller’s order process shall be decisive. By contrast, if PayPal is selected as the payment method, the delivery address stored with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of outbound shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set out in the seller’s withdrawal policy shall apply in the event of an effective exercise of the right of withdrawal.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer once the seller has handed over the item to the carrier, freight forwarder, or other person or institution designated to carry out shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods generally passes only upon handover of the goods to the customer or an authorized recipient. By way of exception, in the case of consumers, the risk also passes to the customer once the seller has handed over the goods to the carrier, freight forwarder, or other entity designated to carry out shipment if the customer has commissioned the carrier or freight forwarder and the seller has not previously named this entity to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the seller’s responsibility and the seller has concluded a specific covering transaction with the supplier with due care. The seller shall make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and any consideration already paid will be refunded without delay.
5.5 If the seller offers collection of the goods, the customer may pick up the ordered goods within the seller’s stated business hours at the address provided by the seller. In this case, no shipping costs will be charged.
5.6 Vouchers will be provided to the customer as follows:
– by email
6) Retention of Title
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 If the customer is acting as an entrepreneur:
- the seller has the right to choose the type of subsequent performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, warranty rights are excluded;
- the limitation period does not restart if a replacement delivery is made under warranty.
7.2 The above limitations of liability and shortening of limitation periods do not apply:
- to claims for damages or reimbursement of expenses by the customer,
- if the seller has fraudulently concealed the defect,
- for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products in contracts for goods with digital elements.
7.3 Furthermore, for entrepreneurs, statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the obligation to inspect and give notice of defects pursuant to Section 377 HGB. Failure to comply with these notification obligations shall be deemed acceptance of the goods.
7.5 If the customer is a consumer, they are requested to report obvious transport damage to the delivery person upon receipt of the goods and to inform the seller. Failure to do so has no effect on their statutory or contractual warranty rights.
8) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The seller shall be fully liable in all cases:
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a guarantee promise, unless otherwise regulated,
- under mandatory statutory liability, such as liability under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies under the above clause. Material contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
8.3 Otherwise, the seller’s liability is excluded.
8.4 The above liability provisions also apply to the liability of the seller’s vicarious agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller free of charge within the scope of promotional campaigns with a limited validity period and which cannot be purchased by the customer (“promotional vouchers”) may only be redeemed in the seller’s online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if such a restriction is stated in the terms of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
9.4 Only one promotional voucher may be redeemed per order.
9.5 If the promotional voucher relates to a fixed monetary value rather than a percentage discount, the value of the goods must be at least equal to the voucher amount. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, the difference may be paid using one of the other payment methods offered by the seller.
9.7 The credit of a promotional voucher will not be paid out in cash or bear interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partially with the voucher within the scope of their statutory right of withdrawal.
9.9 The promotional voucher is transferable. The seller may fulfil payment obligations with discharging effect towards the respective holder who redeems the voucher in the online shop, unless the seller has knowledge or grossly negligent ignorance of unauthorised use, incapacity, or lack of representation authority of the holder.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent crediting is not possible.
10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.5 If the value of the gift voucher is insufficient to cover the order, the remaining amount may be paid using one of the other payment methods offered by the seller.
10.6 The balance of a gift voucher will neither be paid out in cash nor bear interest.
10.7 Gift vouchers are transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authorization of the respective holder.
11) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12) Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office.
If the customer has its registered office outside the Federal Republic of Germany, the seller’s registered office shall also be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activity.
In all the above cases, the seller is in any event entitled to bring an action before the court at the customer’s place of jurisdiction.
13) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.