1) Scope

1.1 These Terms and Conditions (hereinafter referred to as „T&C“) of DP International UG (haftungsbeschränkt) & Co. KG (hereinafter referred to as „Seller“) apply to all contracts concluded between the Seller and consumers or businesses (hereinafter referred to as „Customer“) for the purchase of goods offered in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is expressly rejected unless otherwise agreed upon.

1.2 These T&C also apply to the purchase of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 A business within the meaning of these T&C is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller, but rather serve as an invitation for the Customer to submit a binding purchase offer.

2.2 The Customer may submit a purchase offer via the order form integrated into the online shop. To do so, the Customer places the selected goods in the virtual shopping cart, goes through the electronic ordering process, and submits a legally binding offer to purchase the goods in the cart by clicking the button that completes the order. Alternatively, the Customer can also submit an offer by email, online contact form, post, or telephone.

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

• Sending a written order confirmation or an order confirmation via email, where the receipt of the confirmation by the Customer is decisive; or
• Dispatching the ordered goods to the Customer, in which case the receipt of the goods is decisive; or
• Requesting payment from the Customer after the order has been placed.

If multiple of the aforementioned alternatives apply, the contract is concluded at the moment when one of the alternatives occurs first. The period for accepting the offer begins the day after the offer is sent and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the offer within this period, it shall be deemed rejected, and the Customer is no longer bound by their offer.

2.4 If the Customer selects a PayPal payment method, the contract is concluded immediately upon the completion of the PayPal payment process. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with PayPal’s terms of use, available at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

If the Customer does not have a PayPal account, the conditions for payments without a PayPal account apply, available at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

2.5 The contract text is stored by the Seller and sent to the Customer after the order has been placed in text form (e.g., via email or post). A further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the online shop before submitting their order, the order details are stored in the customer’s password-protected account.

2.6 Before submitting a binding order, the Customer can review and correct their entries using the usual keyboard and mouse functions during the electronic order process.

2.7 The contract is available in German and English.

2.8 Order processing and communication generally take place via email. 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, the Customer must ensure that their spam filters do not block emails from the Seller or third parties commissioned by the Seller to process orders.

3) Right of Withdrawal

3.1 Consumers have a statutory right of withdrawal.

3.2 The specific conditions, deadlines, and consequences of the withdrawal are detailed in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, all prices listed in the online shop are total prices, including statutory value-added tax (VAT). Any additional shipping costs will be stated separately in the respective product description.

4.2 The available payment methods will be displayed to the Customer in the Seller’s online shop.

4.3 If advance payment by bank transfer has been agreed upon, the payment is due immediately after contract conclusion, unless a different due date has been agreed.

4.4 If the Customer selects a payment method offered via PayPal, the payment transaction will be processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal may engage third-party payment service providers for processing transactions.
If the Seller offers payment methods via PayPal that require advance credit (e.g., purchase on invoice, installment payment), the Seller assigns its claim to PayPal or a payment service provider commissioned by PayPal.
Before accepting the assignment, PayPal or the payment service provider performs a credit check based on the transmitted Customer data. If the result is negative, the Seller may refuse to offer the selected payment method.
If the payment method is approved, the Customer is obliged to pay within the agreed period, and the payment can only be made to PayPal or the payment service provider. However, the Seller remains responsible for general customer inquiries regarding the goods, shipping, returns, complaints, or refunds.

4.5 If the Customer selects the „SOFORT“ payment option, the payment is processed via SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany. To complete the payment, the Customer must have an activated online banking account, authenticate during the payment process, and confirm the payment instruction. The transaction is processed immediately, and the Customer’s bank account is debited. Further details about „SOFORT“ can be found at:
https://www.klarna.com/sofort/

4.6 If the Customer chooses a Ratepay payment method (e.g., Ratepay invoice, prepayment, direct debit, or installment payment), the payment is processed by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin, Germany. The Seller assigns its claim to Ratepay, meaning the Customer can only make a debt-discharging payment directly to Ratepay.
Ratepay’s payment terms can be viewed here:
https://www.ratepay.com/legal-payment-terms/

4.7 If the Customer selects a Stripe payment method, the transaction is processed via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.
Stripe may use other payment service providers, for which separate terms may apply. These will be communicated separately if necessary. More information about Stripe can be found at:
https://stripe.com/de

4.8 If the SEPA direct debit payment method via Stripe is chosen, the Customer provides a SEPA direct debit mandate, allowing Stripe to collect the invoice amount from the specified bank account. The debit will not be made before the expiration of the advance notice period („Pre-Notification“).
If a direct debit transaction is returned due to insufficient funds or incorrect bank details, or if the Customer objects to the charge without justification, the Customer must bear the fees incurred for the chargeback if they are responsible for the failed transaction.

4.9 If the Customer selects credit card payment via Stripe, the invoice amount is due immediately upon contract conclusion. Stripe may conduct a credit check and refuse the payment method if the credit check results are negative.

5) Delivery and Shipping Terms

5.1 The delivery of goods is carried out within the specified delivery area to the delivery address provided by the Customer during the order process. The address specified during the order process is decisive. If PayPal is used as the payment method, the delivery address stored with PayPal applies.

5.2 If goods are shipped via freight forwarding, delivery is made curbside (free to the curb) unless otherwise stated in the shipping details or agreed upon separately.

5.3 If a delivery fails due to circumstances attributable to the Customer (e.g., incorrect address, failure to accept delivery), the Customer must bear the additional costs incurred. This does not apply if the Customer validly exercises their statutory right of withdrawal. The costs of returning goods in the event of a withdrawal are regulated in the Seller’s withdrawal policy.

5.4 If the Customer is a business, the risk of accidental loss or deterioration of the goods transfers to the Customer as soon as the Seller hands over the goods to the carrier, freight forwarder, or any other shipping company. If the Customer is a consumer, the risk transfers only upon receipt of the goods.
However, if the Customer personally appoints a shipping service provider that was not suggested by the Seller, the risk passes to the Customer as soon as the Seller hands over the goods to that service provider.

5.5 If the Seller is unable to supply the goods due to reasons beyond their control (e.g., supply shortages from suppliers), they may withdraw from the contract. In such a case, the Customer will be promptly informed, and any payments already made will be refunded immediately.

5.6 If the Seller offers in-store pickup, the Customer can collect the goods during the opening hours specified in the online shop. In this case, no shipping costs will be charged.

5.7 Vouchers are sent exclusively via email.

6) Retention of Ownership

6.1 The Seller retains ownership of the goods until full payment of the purchase price has been received.

6.2 If the Customer is a business, the Seller retains ownership of all goods delivered until all outstanding claims arising from the business relationship have been fully settled.

6.3 If the goods have already been delivered to the Customer before full payment has been made and the Customer defaults on payment, the Seller is entitled to withdraw from the contract and reclaim the goods.

7) Warranty (Liability for Defects)

7.1 The statutory warranty rights apply unless otherwise specified below.

7.2 If the Customer is a business, the following applies instead of the statutory warranty provisions:

• The Seller has the right to choose whether to provide a repair or a replacement.
• The limitation period for defect claims is one year from delivery of the goods.
• Claims for defects are excluded for used goods.
• The limitation period does not restart if a replacement is provided as part of the warranty process.

7.3 The above-mentioned limitations and exclusions do not apply in the following cases:

• If the Seller is liable for damages or reimbursement of expenses.
• If the Seller has fraudulently concealed a defect.
• If the goods have been used as building materials in accordance with their normal purpose and have caused the defectiveness of a structure.
• If the Seller is obligated to provide updates for digital products under the terms of a contract for goods with digital elements.

7.4 For businesses, the statutory limitation periods for recourse claims remain unaffected.

7.5 If the Customer is a merchant under the German Commercial Code (HGB), they are subject to the duty of inspection and notification of defects in accordance with § 377 HGB. If the Customer fails to comply with the duty to report defects, the goods are deemed accepted.

7.6 If the Customer is a consumer, they are encouraged to inspect the goods upon delivery for any visible transport damage and notify the delivery service and the Seller. Failure to do so does not affect the Customer’s statutory or contractual warranty claims.

8) Redemption of Promotional Vouchers

8.1 Promotional vouchers (vouchers that are provided free of charge as part of marketing campaigns and cannot be purchased) can only be redeemed in the Seller’s online shop and only within the specified validity period.

8.2 Certain products or categories may be excluded from the promotion, as specified in the respective voucher terms.

8.3 Promotional vouchers must be used before completing the order process and cannot be applied retroactively to previous purchases.

8.4 Only one promotional voucher may be redeemed per order.

8.5 The order value must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the order total exceeds the value of the promotional voucher, the Customer must pay the remaining balance using one of the available payment methods.

8.7 Promotional vouchers cannot be exchanged for cash and do not accrue interest.

8.8 If the Customer returns an item that was purchased with a promotional voucher under their statutory right of withdrawal, the voucher will not be refunded.

8.9 Promotional vouchers are non-transferable and can only be used by the intended recipient. The Seller reserves the right to verify the voucher holder’s eligibility but is not obligated to do so.

9) Redemption of Gift Vouchers

9.1 Gift vouchers, which can be purchased in the Seller’s online shop, can only be redeemed in the Seller’s online shop, unless otherwise specified on the voucher.

9.2 Gift vouchers and remaining balances from gift vouchers are valid until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the Customer until the expiration date.

9.3 Gift vouchers must be used before completing the order process and cannot be applied retroactively.

9.4 Multiple gift vouchers can be redeemed in a single order.

9.5 Gift vouchers can only be used for purchasing products, not for purchasing additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order total, the remaining balance must be paid using another available payment method.

9.7 Gift vouchers cannot be exchanged for cash and do not accrue interest.

9.8 Gift vouchers are issued for a specific person and are non-transferable. The Seller reserves the right to verify the voucher holder’s eligibility but is not obligated to do so.

10) Governing Law

10.1 All legal relationships between the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.2 If the Customer is a consumer, this choice of law applies only to the extent that the protection granted by mandatory legal provisions of the country in which the Customer has their habitual residence is not withdrawn.

11) Jurisdiction

11.1 If the Customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller.

11.2 If the Customer’s registered office is outside of Germany, the registered office of the Seller is also the exclusive place of jurisdiction, provided that the contract or claims arising from it can be attributed to the professional or commercial activity of the Customer.

11.3 In all other cases, the statutory jurisdiction rules apply.

12) Alternative Dispute Resolution

12.1 The European Commission provides an Online Dispute Resolution (ODR) platform, which is accessible via the following link:
https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

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