Terms of service

TERMS & CONDITIONS (T&Cs)

Scope of application
Conclusion of contract
Right of withdrawal
Prices and payment conditions
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Liability
Applicable law
Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “T&Cs”) of Fabian Paradis, operating under “Fabian Paradis” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter “Customer”) and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.3 A business (entrepreneur) within the meaning of these T&Cs 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 independent professional activity.

2) Conclusion of contract

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

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart, completing the electronic ordering process and clicking the button that completes the order, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart.

2.3 The Seller may accept the Customer’s offer within five (5) days by:

sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt by the Customer is decisive; or
delivering the ordered goods, whereby receipt of the goods by the Customer is decisive; or
requesting payment from the Customer after the order has been placed.

If more than one of the above alternatives occurs, the contract is concluded at the time when the first of these alternatives occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the end of the fifth day following dispatch. If the Seller does not accept the Customer’s offer within this period, this constitutes a rejection, and the Customer is no longer bound by the offer.

2.4 If the Customer selects a payment method offered by PayPal, payment will be processed via 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 PayPal payment method available during checkout, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax, or letter) after the order has been submitted. No further access to the contract text is provided by the Seller. If the Customer has created a user account 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 account using their login details.

2.6 Before submitting the binding order, the Customer can identify possible input errors by carefully reviewing the information shown on screen. A useful technical tool for better detecting input errors may be the browser’s zoom function. During the electronic ordering process, the Customer may correct entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for concluding the contract.

2.8 Order processing and contact usually take place via 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. In particular, if SPAM filters are used, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further details regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and payment conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs will be stated 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 the Customer selects a payment method offered via “Shopify Payments”, payment will be processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The payment methods offered via Shopify Payments are displayed to the Customer in the Seller’s online shop. For processing payments, Stripe may use additional payment services, for which special payment conditions may apply; the Customer may be informed separately where applicable. Further information on “Shopify Payments” can be found at: https://www.shopify.com/legal/terms-payments-de

5) Delivery and shipping conditions

5.1 If the Seller offers shipping, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive. By way of exception, if PayPal is selected, the delivery address stored with PayPal at the time of payment is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred as a result. This does not apply to the costs of shipping to the Customer if the Customer effectively exercises the right of withdrawal. For return shipping costs in the event of an effective withdrawal, the provisions of the Seller’s withdrawal policy apply.

5.3 If the Customer acts as a business, the risk of accidental loss or accidental deterioration of the goods passes to the Customer as soon as the Seller hands the goods over to the carrier, freight forwarder, or other party designated to perform the shipment. If the Customer acts as a consumer, the risk generally passes only upon handover of the goods to the Customer or an authorized recipient. However, the risk also passes earlier to the consumer as soon as the Seller has handed the goods over to the carrier/freight forwarder/other shipping party if the Customer has commissioned that shipping party and the Seller has not previously named that party 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 due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately and any consideration paid will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller provides goods in advance, the Seller retains title to the delivered goods until full payment of the purchase price has been received.

7) Liability for defects (warranty)

Unless otherwise stated below, the statutory provisions on liability for defects apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer is a business,

the Seller may choose the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery;
for used goods, defect rights are excluded;
the limitation period does not restart if a replacement delivery is made within the scope of defect liability.

7.2 The above limitations of liability and shortened limitation periods do not apply:

to claims for damages and reimbursement of expenses,
if the Seller fraudulently concealed the defect,
for goods used in a building according to their usual purpose and causing its defectiveness,
for any obligation of the Seller to provide updates for digital products or goods with digital elements.

7.3 For businesses, statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply, the goods are deemed approved.

7.5 If the Customer is a consumer, they are requested to report obvious transport damage to the delivery agent and inform the Seller. Failure to do so has no effect on statutory or contractual defect claims.

8) Liability

The Seller’s liability for damages and reimbursement of expenses—whether contractual, quasi-contractual, statutory or tortious—is as follows:

8.1 The Seller is liable without limitation:

in cases of intent or gross negligence,
for intentional or negligent injury to life, body, or health,
based on a guarantee, unless otherwise regulated,
due to mandatory liability, e.g. under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies under section 8.1. Material contractual obligations are obligations whose fulfillment makes proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above provisions also apply to the liability of the Seller’s agents and legal representatives.

9) Applicable law

All legal relations between the parties are 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 it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative dispute resolution

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

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