Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Terms of Payment
  5. Delivery and Shipping Terms
  6. Granting of Rights of Use for Digital Content
  7. Contract Term and Termination of Subscription Contracts
  8. Retention of Title
  9. Liability for Defects (Warranty)
  10. Liability
  11. Special Conditions for the Processing of Goods According to Specific Customer Requirements
  12. Redeeming promotional vouchers
  13. Redeeming gift vouchers
  14. Applicable law
  15. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Dustin Schweizer, trading under the name “Dustin Schweizer” (hereinafter referred to as ‘Seller’), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed 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 delivery of vouchers, unless otherwise specified.

1.3 These General Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these General Terms and Conditions is data that is created and provided in digital form.

1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.5 An entrepreneur within the meaning of these General Terms and Conditions 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 commercial or independent professional activity.

1.6 Depending on the description of the content provided by the Seller, the subject matter of the contract may be the one-time provision of digital content or the regular provision of digital content (hereinafter referred to as “subscription contract”). In the subscription contract, the seller undertakes to provide the customer with the digitally owed content for the duration of the agreed contract period at the contractually agreed intervals.

2) Conclusion of the contract

2.1 The product descriptions 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 can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the time of receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 If a payment method offered by PayPal is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed 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 hereby declares its acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer's order has been sent. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before sending their 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 entering the relevant login details.

2.6 Before placing a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which can be used to enlarge 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 on the button that completes the ordering process.

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

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not applicable as the seller is exempt from sales tax as a small business. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment will be processed 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 for which it makes advance payments to the customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation and returns or credit notes.

4.5 If the payment method “SOFORT” is selected, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to pay the invoice amount via “SOFORT,” the customer must have an online banking account that is activated for participation in “SOFORT,” must identify themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction will be carried out immediately thereafter by “SOFORT” and the customer's bank account will be debited. The customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service “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 (hereinafter referred to as “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified 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 processing of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer at the time of payment via PayPal shall be decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set out in the seller's cancellation policy shall apply to the return shipping costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer upon delivery of the goods to the customer or to a person authorized to accept delivery. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated 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-delivery. This only applies if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers shall be provided to the customer as follows:

  • by download
  • by email

5.7 Digital content shall be provided to the customer as follows:

  • by download
  • by email

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the provided content exclusively for private purposes.

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the seller has agreed to transfer the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may provisionally permit use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7) Contract term and termination of subscription contracts

7.1 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.

7.2 Terminations must be made in writing or in text form (e.g., by email).

8) Retention of title

If the seller makes advance delivery, it retains title to the delivered goods until the purchase price owed has been paid in full.

9) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

9.1 If the customer is acting as an entrepreneur,

  • the seller shall have the choice of the type of subsequent performance;
  • for new goods, the limitation period for rights to claim defects shall be one year from delivery of the goods;
  • the rights to claim for defects are excluded for used goods;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

9.2 The above limitations of liability and shortening of time limits 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,
  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for any obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

9.3 In addition, the statutory limitation periods for any existing statutory rights of recourse remain unaffected for entrepreneurs.

9.4 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

9.5 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual claims for defects.

10) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

10.1 The seller shall be liable without limitation on any legal grounds

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, limb, or health,
  • on the basis of a guarantee promise, unless otherwise stipulated in this regard,
  • on the basis of mandatory liability such as under the Product Liability Act.

10.2 If the seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

10.3 Otherwise, any liability on the part of the seller is excluded.

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

11) Special conditions for the processing of goods according to specific customer specifications

11.1 If, according to the content of the contract, the seller is obliged to process the goods in accordance with the customer's specific requirements in addition to delivering the goods, the customer shall provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller and grant the seller the necessary rights of use. The customer shall be solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.

11.2 The customer shall indemnify the seller against any claims that third parties may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. In this case, the customer shall also bear the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the infringement is not attributable to the customer. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.

11.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

12) Redemption of promotional vouchers

12.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller's online shop and only during the specified period.

12.2 Promotional vouchers can only be redeemed by consumers.

12.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.

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

12.5 Only one promotional voucher can be redeemed per order.

12.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

12.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

12.8 The credit balance of a promotional voucher will not be paid out in cash or bear interest.

12.9 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.

12.10 The promotional voucher is transferable. The seller can make a payment with liberating 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, legal incapacity, or lack of representation authority of the respective holder.

13) Redemption of gift vouchers

13.1 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.

13.2 Gift vouchers and remaining credit from gift vouchers are redeemable until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

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

13.4 Only one gift voucher can be redeemed per order.

13.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

13.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

13.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.

13.8 The gift voucher is transferable. The seller can make a payment with liberating effect to the person who redeems the gift card in the seller's online shop. This doesn't apply if the seller knows or should have known that the person isn't allowed to use the gift card, isn't legally able to make a deal, or doesn't have the right to represent someone else.

14) Applicable law

14.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

15) Alternative dispute resolution

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