Terms and Conditions
General Terms and Conditions
The General Terms and Conditions are valid from February 11, 2025
§ 1 Scope
(1) These General Terms and Conditions (GTC) govern the legal relationship
between you ("Customer") and Vincent Kuzenko, Barlachweg 9, 28355 Bremen,
Germany (hereinafter "Provider"), for all contracts concluded via the online shop.
(2) Conflicting or deviating terms and conditions of the Customer are not
recognized and are rejected, unless the Provider has expressly agreed to their validity
in writing.
(3) The Provider and its personnel are not authorized to make verbal
agreements with customers that deviate from these GTC or the information in the
order form.
(4) These GTC apply exclusively to consumers within the meaning of § 13 BGB, i.e. to
natural persons who order goods for private purposes and not in the exercise
of a commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding offer from the
Provider. Customers can select products from the Provider's assortment
and collect them non-bindingly in a virtual shopping cart.
(2) By submitting the order in the online shop, the Customer makes a
binding offer to purchase the products in the shopping cart,
aimed at concluding a purchase contract for the ordered goods.
(3) By submitting the order, the Customer also acknowledges these
General Terms and Conditions as solely decisive for the legal relationship with the Provider.
(4) After receipt of the order, the Customer receives an automatic
order confirmation via email. However, this does not yet constitute acceptance of the contract.
The purchase contract is only concluded when the Provider accepts the offer through a
separate declaration of acceptance or by shipping the goods.
§ 3 Retention of Title
The goods delivered to the customer remain the property of the
Provider until full payment of the purchase price.
§ 4 Prices, Shipping Costs and Payment Terms
(1) All stated prices include statutory value-added tax.
(2) Unless otherwise agreed, prices are for deliveries from the Provider's warehouse.
Self-collection is only possible by prior arrangement.
(3) Shipping costs are stated on the product page. If the goods are to be shipped at the Customer's
request, the applicable shipping costs will be stated during the
ordering process, shown separately on the invoice, and borne
by the Customer. If the Customer wishes a different shipping method, they must
bear the resulting costs.
(4) Payment is due upon conclusion of the contract and can be made optionally by advance payment,
bank transfer, PayPal, credit card or other payment methods
specified in the online shop. All possible payment options are visible and
accessible in the online shop.
(5) Cash payment is only possible for self-collection and by arrangement with the
Provider.
(6) For advance payments, the Provider grants a cash discount of 2% on the
value of the goods (excluding shipping costs).
(7) If the "installment purchase" payment method is selected, the separate
terms and conditions of the payment service provider, which are viewable in the order process, apply.
§ 5 Availability and Delivery
(1) If a product ordered by the Customer is not available, the
Provider will inform the Customer immediately. If the product is permanently unavailable, the
Provider reserves the right not to accept the order, and no contract
will be concluded between the Customer and the Provider.
(2) Delivery times are specified in the online shop and during the ordering process, and
are known and viewable by the Customer.
(3) If delivery within the specified period is not possible, the
Provider will inform the Customer immediately. In this case, the Customer has the right
to withdraw from the contract. Payments already made will be refunded.
(4) Shipping for advance payments will occur after receipt of payment, unless
different delivery times are specified on the product page.
(5) The Provider reserves the right to make partial deliveries, provided that these
are reasonable for the Customer and necessary for prompt processing.
§ 6 Warranty
(1) The statutory warranty rights apply, unless otherwise stipulated below. For claims for damages by the Customer against the
Provider, the regulation in § 7 of these GTC applies.
(2) The limitation period for warranty claims of the Customer is 2 years for consumers
for newly manufactured goods, and 1 year for used goods.
For entrepreneurs, the limitation period for newly manufactured goods
and used goods is 1 year.
(3) The aforementioned shortening of the limitation periods according to paragraph 2 does not apply to: - claims for damages by the Customer due to injury to life, body
or health, - claims for damages due to the breach of essential contractual obligations
(main performance obligations), in particular the Provider's obligation to deliver the goods free of
material defects and defects of title and to transfer ownership thereof, - claims for damages based on intentional or grossly negligent
breach of duty by the Provider, its legal representatives or vicarious agents,
- the right of recourse according to § 478 BGB (right of recourse of the entrepreneur).
(4) No guarantee is declared or offered by the Provider.
§ 7 Exclusion of Liability
(1) Claims for damages by the Customer are excluded, unless
otherwise stipulated below. The foregoing exclusion of liability also applies
to the benefit of the legal representatives and vicarious agents of the Provider, insofar as
the Customer asserts claims against them.
(2) The exclusion of liability according to paragraph 1 does not apply in the following cases: - for damages resulting from injury to life, body or health, - for the breach of essential contractual obligations (main performance obligations),
in particular the Provider's obligation to deliver the goods free of material defects
and defects of title and to transfer ownership thereof; in this case, however, liability
is limited to the foreseeable damage typical for the contract, - for intentional or grossly negligent breach of duty by the Provider, its
legal representatives or vicarious agents,
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
(4) In case of obvious transport damage, the Customer is obliged to inform the carrier
and the Provider immediately. However, failure to make this notification does
not affect the Customer's statutory warranty rights.
§ 8 Prohibition of Assignment and Pledging
The assignment or pledging of claims or rights due to the customer
against the provider is excluded without the provider's consent,
unless the customer proves a legitimate interest in the assignment
or pledging.
§ 9 Set-off
A right of set-off for the Customer only exists if their claim asserted for set-off
has been legally established or is undisputed.
§ 10 Choice of Law & Jurisdiction
(1) The contractual relations between the Provider and the Customer
are governed by the law of the Federal Republic of Germany. Mandatory consumer protection provisions of the
country in which the Customer has their habitual residence are excluded from this
choice of law. The application of the UN Convention on Contracts for the International Sale of Goods
is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the
Customer and the Provider is the Provider's registered office, provided that the Customer
is a merchant, a legal entity under public law, or a special fund under public law.
§ 11 Data Protection
(1) The Provider processes the Customer's personal data exclusively
in accordance with statutory data protection regulations.
(2) Further information on data processing can be found in the data protection declaration
on the Provider's website.
§ 12 Severability Clause
Should any provision of these General Terms and Conditions be invalid,
the validity of the remaining provisions shall not be affected thereby.
Information and contact details for the Provider can be found in the imprint.