General terms and conditions

  1. Scope

The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

  1. Contractual partner, conclusion of contract

The purchase contract is concluded with DS Ventures GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

  1. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

  1. Delivery conditions

We deliver free of shipping costs within Germany.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

  1. Payment

The following payment methods are generally available in our shop:

Prepayment
If you choose payment in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
When placing the order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Amazon Pay
In the order process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimise yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online shop where you can complete the ordering process. Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction will be carried out automatically by Amazon. You will receive further instructions during the ordering process.

  1. Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

  1. Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

  1. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

  1. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations).
- within the framework of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

  1. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the case of guarantee promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

  1. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

  1. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

AGB [https://shop.trustedshops.com/de/rechtstexte/] created with the Trusted Shops [https://shop.trustedshops.com/de/] legal text editor in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr find. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.