Terms and Conditions
Section 1 — Scope and Provider
(1) These Terms and Conditions apply to all orders placed by consumers and businesses through our online shop with Borghoff Raphael & Januszkiewicz Daniil GbR, Bauweg 46, 30453 Hannover(the „Provider").
(2) Conflicting or supplementary terms of the customer do not become part of the contract unless we expressly agree to them in writing.
Section 2 — Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
(2) By submitting your order you make a binding offer to purchase the goods in your basket.
(3) The automatic confirmation of receipt sent by email does not constitute acceptance of your offer. A contract is only concluded once we accept the offer by an express declaration or by dispatching the goods.
(4) If, due to an obvious error (e.g. a technical fault in price display), a product is shown at an incorrect price, we are not obliged to deliver at that incorrect price.
Section 3 — Prices and Shipping Costs
(1) All prices stated are final prices and include statutory VAT where applicable. Shipping costs may apply in addition and are shown separately during the order process.
(2) For deliveries to countries outside the European Union, additional customs duties, import taxes and other charges may apply. These are not included in the price and are borne by the customer.
Section 4 — Payment
(1) Payment can be made by credit/debit card or PayPal. The available payment methods are shown during the order process.
(2) The purchase price is due upon conclusion of the contract.
Section 5 — Delivery
(1) We deliver worldwide to the delivery address provided by the customer.
(2) Stated delivery times are non-binding estimates; this applies in particular to international shipping and any customs-related delays.
(3) If we are prevented from timely delivery through no fault of our own because our supplier fails to deliver to us despite a proper hedging transaction, we are entitled to withdraw from the contract. Any payments already made will be refunded without undue delay.
Section 6 — Retention of Title
The delivered goods remain our property until full payment has been received.
Section 7 — Right of Withdrawal
(1) Consumers have a statutory right of withdrawal. Details are set out in our Right of Withdrawal notice, including the model withdrawal form.
(2) The right of withdrawal does not apply to contracts for the supply of goods that are made to the consumer's specifications or are clearly personalised (Section 312g (2) no. 1 German Civil Code) — e.g. custom-made or personalised items.
Section 8 — Warranty
The statutory warranty rights apply. For consumers, the limitation period for defect claims on new goods is two years from receipt of the goods.
Section 9 — Liability
(1) We are liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, for fraudulently concealed defects, within the scope of a guarantee assumed, and under product liability law.
(2) For slightly negligent breach of a material contractual obligation (cardinal obligation), our liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise, liability for slight negligence is excluded.
Section 10 — Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Section 11 — Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory consumer protection provisions of their country of habitual residence.
(2) If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected.
This English text is a courtesy translation and a draft; it does not constitute legal advice. The German version is legally binding.