Terms of service

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Cancellation
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Liability for Defects
9. Liability
10. Applicable Law
11. Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Rolf Beck, trading as "Rolf Beck E-Commerce" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

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

1.3 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 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting 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 can submit the offer via 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 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 email), in which case receipt of the order confirmation by the Customer is decisive; or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after they have placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The deadline for accepting 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 If a payment method offered by PayPal is selected, payment processing is carried out via 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 available at https://www.paypal.com/uk/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the Terms for Payments Without a PayPal Account. If the Customer pays by means of a PayPal payment method that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. by email, fax or letter) after they have submitted their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting 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 corresponding 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 of better recognising input errors can be the browser's magnification function. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

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

2.8 Order processing and contact are usually made by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that the 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 them with order processing can be delivered.

3. Right of Cancellation

3.1 Consumers are generally entitled to a right of cancellation.

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

3.3 The right of cancellation does not apply to consumers who, at the time of concluding the contract, are not nationals of any Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 transfer by credit institutions (e.g. transfer fees or exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transfer if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment method(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 is processed via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which he makes advance payment to the Customer (e.g. purchase on invoice or instalment payment), the Seller assigns his 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 transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and returns or credit notes.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use further payment services to process payments, for which special payment conditions may apply and to which the Customer is separately referred. Further information about Shopify Payments is available online at https://www.shopify.com/legal/terms-payments-en.

4.6 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5. Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive for the processing of the transaction. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is 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 shipping if the Customer effectively exercises their right of cancellation. For the costs of return shipping, the provisions made in the Seller's cancellation policy apply if the Customer effectively exercises their right of cancellation.

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 item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or an authorised recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or 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 in the event that 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 obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Digital content is provided to the Customer as follows:

• by download
• by email

6. Granting of Usage Rights 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, spatially and temporally unlimited right to use the content provided exclusively for private purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to the transfer of the licence that is the subject of the contract to the third party.

6.3 If the subject of the contract is the one-time provision of digital content, the granting of rights shall only take effect once the Customer has paid the owed remuneration in full. The Seller may also provisionally permit use of the content that is the subject of the contract before this point in time. Such provisional permission does not constitute a transfer of rights.

7. Retention of Title

If the Seller makes advance performance, they retain title to the delivered goods until the purchase price owed has been paid in full.

8. Liability for Defects

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the supply of goods:

8.1 If the Customer is acting as an entrepreneur:

• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defect claims is one year from delivery of the goods;
• in the case of used goods, defect rights are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 The above liability limitations and shortened deadlines 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 that have been used for a building in accordance with their usual use 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.

8.3 In addition, the statutory limitation periods for any statutory right of recourse remain unaffected for entrepreneurs.

8.4 If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they shall have 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 regulated therein, the goods shall be deemed approved.

8.5 If the Customer is acting as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual defect claims.

9. Liability

The Seller is liable to the Customer for damages and reimbursement of expenses from all contractual, quasi-contractual and statutory claims, including tortious claims, as follows:

9.1 The Seller shall be liable without limitation on any legal grounds:

• 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 warranty promise, unless otherwise regulated in this respect;
• on the basis of mandatory liability, e.g. under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited under the preceding clause. Material contractual obligations are obligations imposed on the Seller by the contract to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.

9.3 In all other respects, the Seller's liability is excluded.

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

10. Applicable Law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of cancellation for consumers who, at the time of concluding the contract, are not nationals of any Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.

11. Alternative Dispute Resolution

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

Copyright notice: These GTC were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)

Last updated: 25/03/2026, 01:08:43