General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redemption of Promotional Vouchers
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Place of Jurisdiction
  13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter: “GTC”) of DK Household Brands GmbH (hereinafter: “Seller”) apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter: “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless anything to the contrary is expressly stipulated.

1.3 A consumer within the meaning of these GTC 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 within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:
– sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
– delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
– requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to PayPal’s terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if the Customer does not have a PayPal account — subject to the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 When an offer is submitted via the Seller’s online order form, the Seller stores the contract text after the contract has been concluded and sends it to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The Seller does not make the contract text available beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognise input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the order process.

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

2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the Seller’s withdrawal policy (see “Cancellation Policy”).

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via Shopify Payments is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use additional payment services for which special terms may apply, of which the Customer will be informed separately where applicable. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area indicated by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the handling of the transaction.

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 with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. With respect to the costs of return shipment, the provisions in the Seller’s withdrawal policy shall apply in the event of an effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to perform the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a person authorised to receive them. Notwithstanding the foregoing, in the case of consumers the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to perform the shipment if the Customer has commissioned the carrier, freight forwarder or other person or institution designated to perform the shipment to carry out the shipment and the Seller has not previously named this person or institution 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 Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and any consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:
— by download
— by e-mail

6) Retention of Title

If the Seller makes an advance performance, title to the delivered goods shall not pass to the Customer until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. By way of derogation, in contracts for the delivery of goods the following applies:

7.1 If the Customer is acting as an entrepreneur,
– the Seller has the choice of the type of subsequent performance;
– the limitation period for rights in respect of defects of new goods is one year from delivery of the goods;
– rights in respect of defects of used goods are excluded;
– the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortening of periods do not apply
– to claims for damages and reimbursement of expenses by the Customer,
– in the event that the Seller has fraudulently concealed the defect,
– to goods which have been used in accordance with their normal use for a building and have caused its defectiveness,
– to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs the statutory limitation periods for any 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), the Customer is subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for damages and reimbursement of expenses on any legal grounds, including contractual, quasi-contractual and statutory, including tort, as follows:

8.1 The Seller is liable without limitation on any legal ground
– in the event of intent or gross negligence,
– in the event of intentional or negligent injury to life, body or health,
– on the basis of a guarantee, if and to the extent agreed,
– on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the above paragraph. Essential contractual obligations are obligations which the contract imposes on the Seller in accordance with its content to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a certain validity period and that cannot be purchased by the Customer (“Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Promotional Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if such a restriction arises from the content of the promotional voucher.

9.4 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher can be redeemed per order.

9.6 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.8 The credit of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

9.10 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, lack of legal capacity or lack of authority of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased in the Seller’s online shop (“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 after the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Multiple Gift Vouchers can also be redeemed for one order.

10.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The credit of a Gift Voucher is neither paid out in cash nor does it bear interest.

10.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, lack of legal capacity or lack of authority of the respective holder.

11) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the place of business of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has their seat outside the territory of the Federal Republic of Germany, the place of business of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is in any case entitled to bring an action before the court at the Customer’s place of business.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.