Terms and Conditions

Article 4 – The Offer

1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content. Apparent errors or mistakes in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Contract

1. The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and complies with the stated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations and inquire about all facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to conclude the contract, they are entitled to refuse an order or attach special conditions to its execution.

Article 6 – Right of Withdrawal for Products

1. The consumer can terminate a contract related to the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask for the reason for withdrawal but cannot oblige the consumer to state their reason(s).
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
   • If the consumer has ordered multiple products in the same order: the day on which the consumer or a third party designated by them receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times if this was clearly communicated prior to the ordering process.
   • If the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by them receives the final shipment or part.
   • In the case of agreements for regular delivery of products over a specified period: the day on which the consumer or a third party designated by them receives the first product.

For services and digital content not delivered on a physical medium:
3. The consumer can terminate a service contract or a contract for the supply of digital content not delivered on a physical medium within at least 14 days without giving any reason. The entrepreneur may ask for the reason for withdrawal but cannot oblige the consumer to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts the day after the contract is concluded.

Extended cooling-off period for non-disclosure of withdrawal rights:
5. If the entrepreneur fails to provide the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends 12 months after the original cooling-off period as defined in the previous paragraphs.
6. If the entrepreneur provides the required information within 12 months after the start date of the original cooling-off period, the cooling-off period ends 14 days after the consumer receives this information.

Article 7 – Obligations of the Consumer During the Cooling-off Period

1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would in a physical store.
2. The consumer is only liable for diminished value of the product resulting from handling that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the time of the contract conclusion.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs

1. If the consumer exercises the right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or any other unambiguous statement.
2. The consumer must return the product or hand it over to the entrepreneur (or their authorized representative) as soon as possible, but no later than 14 days from the day following the notification of withdrawal. This does not apply if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they send the product back before the cooling-off period expires.
3. The consumer returns the product with all supplied accessories, in its original condition and packaging (if reasonably possible), and according to reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for proper and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product, unless the entrepreneur failed to notify the consumer of these costs or has agreed to bear them.
6. If the consumer withdraws after expressly requesting the provision of a service or supply of utilities (such as water, gas, or electricity) during the cooling-off period, the consumer must pay an amount proportional to what has been supplied up to the point of withdrawal.
7. The consumer is not responsible for the costs of services or utilities if the entrepreneur did not provide mandatory information about the right of withdrawal or failed to obtain explicit consent from the consumer for the start of the service during the cooling-off period.
8. The consumer is not responsible for costs associated with digital content not delivered on a physical medium if:
   • They did not explicitly agree to the start of the service during the cooling-off period.
   • They did not acknowledge the loss of their right of withdrawal upon granting consent.
   • The entrepreneur failed to confirm this agreement.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur facilitates electronic withdrawal notifications, they must promptly confirm receipt of such notifications.
2. The entrepreneur must reimburse all payments made by the consumer, including any delivery charges, without delay and within 14 days following the consumer’s notification of withdrawal.
3. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or the consumer has provided proof of return, whichever comes first.
4. The entrepreneur must use the same payment method for reimbursement as the consumer used, unless the consumer agrees to a different method. Reimbursement must be free of charge for the consumer.

Article 10 – Exclusions to the Right of Withdrawal
The entrepreneur may exclude the following from the right of withdrawal, provided this was clearly communicated at the time of the offer or prior to the contract conclusion:

1. Products or services with price fluctuations outside the entrepreneur’s control, which may occur during the withdrawal period.
2. Contracts concluded during a public auction.
3. Services that have been fully performed with prior explicit consent from the consumer, who also acknowledged the loss of their right of withdrawal upon full performance of the service.
4. Custom-made products tailored to the consumer’s specifications.
5. Perishable goods or items with a short shelf life.
6. Sealed products unsuitable for return for health or hygiene reasons, once unsealed.
7. Products irrevocably mixed with other items after delivery.
8. Alcoholic beverages with agreed delivery dates exceeding 30 days.
9. Sealed audio, video, or software products unsealed after delivery.
10. Newspapers, periodicals, or magazines, except for subscriptions.
11. Digital content not delivered on a physical medium if delivery began with the consumer’s prior consent and acknowledgment of withdrawal rights loss.

Article 11 – The Price

1. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding paragraph 1, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market that are beyond the entrepreneur’s control. Any reference to such fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the contract’s conclusion are only permitted if they result from statutory regulations or provisions.
4. Price increases after 3 months following the contract’s conclusion are only permitted if the entrepreneur has stipulated this and:
   a. They result from statutory regulations or provisions; or
   b. The consumer has the right to terminate the contract as of the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.