General terms and conditions of business

mybacs®
https://www.mybacs.ch
vis-à-vis consumers

1. General 3

1.1 Scope 3

1.2  Customer base 3

2. Conclusion of the contract 3

2.1 Contracting Parties 3

2.2 Minimum order value 4

2.3 Ordering process 4

2.4 Conclusion of Contract 4

2.4.1 Checkout 4

2.4.2 Express Checkout 5

2.5 Formation of the contract 5

2.6 Regular deliveries of goods (“subscriptions”) 6

2.6.1 Subscription formation; delivery intervals; subscription types 6

2.6.2 Payment; Termination of subscriptions 7

2.6.3 Pausing subscriptions 7

2.6.4 Extraordinary termination 7

3. Customer account 7

3.1 Registration 7

3.2 Access data 8

3.3 Deactivation 8

4. Consumer right of withdrawal 9

4.1 Cancellation policy 9

4.1.1 Cancellation policy for one-off purchases 9

4.1.2 Cancellation policy for regular deliveries 10

4.2 Exclusion of the right of withdrawal 11

4.2.1  Exclusion of the right of withdrawal for unsealed hygiene and health products 11

4.2.2 Exclusion of the right of withdrawal for individually manufactured or personalized goods 12

4.2.3 Exclusion of the right of withdrawal for perishable goods or goods with a short shelf life 12

4.3 Sample Cancellation Form 12

4.4 Voluntary return option for clothing items (30 days) 13

5. Payment terms 14

5.1 Prices 14

5.2 Shipping and return costs 15

5.2.1 Outbound shipping costs

5.2.2 Return shipping costs

5.3 Payment processing 15

5.3.1 for one-off purchases 15

5.3.2 for subscriptions 15

5.3.3 Changing your payment method 15

5.4 Payment methods in detail 16

5.5 Due date 16

5.6 Vouchers 16

5.7 Money-back guarantee 17

5.8 Shop credit as an alternative goodwill gesture

6th delivery 18

6.1 Delivery restrictions 18

6.2 Delivery times 19

6.3 Partial deliveries 19

7. Warranty for defects, guarantee; retention of title 20

8. Liability 20

8.1 Limitation of Liability 20

8.2 Breach of essential contractual obligations 21

8.3 Legal representatives and agents 21

9. Other 21

9.1 Copyrights 21

9.2 Supplementary terms and conditions for the use of our websites 21

9.3 Applicable Law 22

9.4 Place of jurisdiction 22

 

1. General

1.1 Scope

These General Terms and Conditions (our “Terms and Conditions“) apply to all contracts between you (hereinafter referred to as “You" or "Customers)“) and the mybacs Vertriebs GmbH, (represented by the managing director Carl-Philipp von Polheim,  Infanteriestraße 11a, D-80797 Munich, email: info@]mybacs.com, Registered in the commercial register of the Munich District Court under: HRB 245239, Telephone: +49(0)91147558163, VAT ID No. DE321751635) via the website www.mybacs.ch (our "websites“) operated online shop (our “online shop“) are concluded; in particular purchase agreements for the goods sold there on a one-off basis or by way of regular delivery (“Goods subscriptionsThe following terms and conditions apply to the goods offered. Our terms and conditions apply exclusively. We do not recognize any conflicting or deviating terms and conditions of yours unless we expressly agree to their validity in writing.

1.2  Customer base

Our offers and these terms and conditions apply exclusively to consumers residing in Switzerland.consumer“ is any natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity.

 

2. Conclusion of the contract 

2.1 Contracting Parties

When you order products from us via our online shop for a one-off purchase or as a subscription, you are entering into a purchase agreement with mybacs Vertriebs GmbH, based in Munich, Germany.

2.2 Minimum order value

We may only be able to process orders for certain goods if they meet a minimum order value. If this is the case, you can find this information in our online shop.

2.3 Ordering process

The presentation and advertising of goods in our online shop is non-binding. d.h. It merely represents a request to you to submit an application for the conclusion of a corresponding purchase agreement (“Order“), which requires our acceptance. Orders are placed exclusively via distance selling and through our online shop. You can find the essential characteristics of the goods in the item description in our online shop. You can select goods in our online shop and order them via the button “To the basket of gooods“ in a so-called electronic shopping cart (“Shopping cart") collect. 

2.4 Conclusion of Contract

2.4.1 Checkout

(1) If you wish to order the goods in your shopping cart, you can do so by clicking the button “To checkout“ on our “Check out“- Log in to your existing customer account, order as a guest, or register a new customer account by providing your personal details (section 3). Registering a customer account is not a requirement for placing an order. Those not marked with “optionalThe data marked with an asterisk (*) is mandatory. Before submitting your order, you can correct the data at any time using the correction tools provided and explained during the ordering process. After selecting your desired payment and shipping method and reviewing your order, you submit it by clicking the button “Buy“a legally binding order with regard to the goods in the shopping cart.” 

 

(2) However, your application can only be submitted and transmitted to us if you agree to these Terms and Conditions by ticking the corresponding box, thereby including them in your application and declaring that you have read and understood the consumer cancellation policy and our Privacy Policy to have been noted and understood. 

 

(3) After submitting your order by clicking the button “BuyYou will be redirected to your chosen payment service. Paying for your order in advance using our approved instant payment methods does not yet constitute a contract.

 

(4) If we already have your payment details, d.h. If you are an existing customer, you can also order by phone or email, specifying the goods you require, or take out your subscription (section 2.6).

2.4.2 Express Checkout

Alternatively, you can complete your order on the checkout page by selecting one of the offered payment services and clicking the corresponding button to be redirected to your chosen payment service, log in to it and confirm your order there (“Express Checkout“). For express checkout, we will take the billing and shipping details from the information stored in your profile with the payment service.

2.5 Formation of the contract

(1) After successful transmission of your order to us, a summary of your order will be displayed on your screen; we will also send you an automatic confirmation of receipt by email, which lists your order again. You can print both using the "Print" function (each labeled "Order Confirmation"). The order confirmation merely documents that we have received your order and does not constitute acceptance of your offer.

 

(2) The contract is only concluded upon receipt by you of our shipping confirmation, which is sent with a separate email (“shipping confirmation”), but at the latest upon delivery of the goods.

 

(3) The contract text (consisting of the order and the terms and conditions) will be sent to you on a durable medium (email or paper printout) in the order or shipping confirmation or in a separate email, but at the latest upon delivery of the goods.

 

(4) The contract text will be stored in compliance with data protection regulations. You can view your past orders and your subscription in your customer account, if you have registered one. Registering a customer account (section 3) is not a requirement for placing an order, see above.

 

2.6 Regular deliveries of goods (“subscriptions”)

Provided that we offer you our goods not only as a one-off purchase, but alternatively as a goods subscription (“Subscription“), d.h. we will regularly send you similar goods over a defined period of time (d.h. The following provisions also apply to deliveries of the same article.

2.6.1 Subscription formation; delivery intervals; subscription types

(1) Within the framework of a subscription, which is concluded between you and us in accordance with section 2.5 above, we agree with you on your delivery in the delivery interval you have chosen with the number/dosage/fill quantity of similar goods offered by us as a subscription (z.B. 30 days, 90 days, 180 days).

 

(2) Your subscription and delivery interval will each begin on the date of your order.

 

(3) If you wish to receive one or more additional items from us alongside an existing subscription, a separate additional subscription will be created for the additional item(s) ordered together, with its own delivery interval.

2.6.2. Payment; Terminating subscriptions

(1) If you choose delivery via subscription, you only pay when we deliver the goods ordered as part of the subscription. d.h. We will only charge the payment method you selected when placing your order at the respective delivery interval.

 

(2) Our subscription has no minimum term, d.h. You can cancel your subscription after the first delivery with four (4) days' notice before the next delivery interval by email, telephone, or via the online cancellation function on our website. If you do not cancel your subscription in due time, it will automatically renew for the delivery interval you selected.

2.6.3 Pausing subscriptions

Instead of cancelling your subscription, you can pause it indefinitely at any time within the period specified in section 2.6.2 paragraph 2 sentence 1 and resume or cancel it if you wish.

2.6.4 Extraordinary termination

The right of both contracting parties to terminate the subscription immediately, without notice, for good cause remains unaffected.

3. Customer account

3.1 Registration

You can register a customer account in our online shop, which you can log into with your access data and manage yourself. You are required to provide complete and accurate information during registration. Your customer account is non-transferable. You may not create more than one customer account and may not rent or lend it. You have no right to register a customer account.

3.2 Access data

You are solely responsible for the security of the login details to your customer account (“Access data“) responsible, in particular for your password. This includes, in particular, keeping your login details strictly confidential and not disclosing them to third parties. Should your login details become known to unauthorized persons, you are obligated to change them immediately. We assume no liability for any damages in connection with the theft of login details for which we are not responsible, the disclosure of login details by you, or the fact that you have granted a third party access to your customer account using your login details. You are obligated to inform us immediately of any unauthorized use of your login details.

3.3 Deactivation

You can have your customer account deactivated by sending a corresponding request to our customer service via email. Your customer account will then be deactivated. This process cannot be reversed. Any payment obligations you may have to us at the time of deactivation remain unaffected.

4.Consumer right of withdrawal

We offer you a [benefit/benefit] when concluding a distance selling contract. Our website voluntary right of withdrawal, We will inform you about this below (section 4.1). Exceptions to the right of withdrawal are regulated in section 4.2. A sample withdrawal form can be found in section 4.3.

4.1 Cancellation policy

The cancellation period, as defined in the cancellation policy, begins with the receipt of the goods or the last partial delivery of the goods in the case of a one-off purchase, and with the receipt of the first item of the subscription in the case of regular delivery of similar goods.

4.1.1 Cancellation policy for one-off purchases

(1) Cancellation policy - One-time purchase

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods. To exercise your right of withdrawal, you must inform us: mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 Munich, Germany, Email: info[at]mybacs.com, You can inform us of your decision to withdraw from this contract by contacting us by telephone at +49(0)91147558163, by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

(2) Consequences of cancellation - one-off purchase 

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our standard, cost-effective option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Alternatively, at your express request, the refund can be issued in the form of shop credit. The issuance and use of shop credit are governed by section 5.8. We may refuse to issue the credit until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

If you are required to bear the return shipping costs, you will bear the direct costs of the return shipment.In this case, the return shipping costs of €2.90 (including VAT) will be taken into account in the refund by deducting the corresponding amount from the purchase price to be refunded. If the refund is issued as store credit, the corresponding amount will also be credited to your account, less the return shipping costs of €2.90 (including VAT).

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

4.1.2 Cancellation policy for regular deliveries

(1) Cancellation policy - regular deliveries

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first goods. To exercise your right of withdrawal, you must inform us: mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 Munich, Germany, Email: info[at]mybacs.com, You can inform us of your decision to withdraw from this contract by contacting us by telephone at +49(0) 91147558163, by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

(2) Consequences of the withdrawal - regular delivery

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our standard, cost-effective option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 
Alternatively, at your express request, the refund can be issued in the form of shop credit. The issuance and use of shop credit are governed by section 5.8. We may refuse to issue the credit until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

If you are obliged to bear the return shipping costs in accordance with section 5.2.2, you shall bear the direct costs of the return shipment.In this case, the return shipping costs of €2.90 (including VAT) will be taken into account in the refund by deducting the corresponding amount from the purchase price to be refunded. If the refund is issued as store credit, the corresponding amount will also be credited to your account, less the return shipping costs of €2.90 (including VAT).
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

4.2 Exclusion of the right of withdrawal

There is no right of withdrawal in the following cases:

4.2.1  Exclusion of the right of withdrawal for unsealed hygiene and health products

There is no right of withdrawal for contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. 

4.2.2 Exclusion of the right of withdrawal for individually manufactured or personalized goods

There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

4.2.3 Exclusion of the right of withdrawal for perishable goods or goods with a short shelf life

 There is no right of withdrawal for contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded.

4.3 Sample Cancellation Form

We will inform you about the sample cancellation form as follows:

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

To

mybacs Vertriebs GmbH

Infanteriestraße 11a

D-80797 Munich

email: info@mybacs.com

 

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the

the following goods (*)/the provision of the following service (*)

 

_____________________________________________________________________________Ordered on (*)

 

_____________________________________________________________________________

received on (*)

 

_____________________________________________________________________________

As the buyer, I bear the direct costs of returning the goods.

Name of consumer(s)

 

_____________________________________________________________________________Address of the consumer(s)

Signature of the consumer(s) (only for notifications on paper)

 

_____________________________________________________________________________Date

(*) Delete as appropriate

4.4 Voluntary return option for clothing items (30 days)

(1) Without prejudice to your statutory rights, in particular your statutory right of withdrawal under these Terms and Conditions, we offer you a voluntary return option exclusively for clothing items. You can return clothing to us within 30 calendar days of receiving the goods without giving any reason.

(2) To exercise this voluntary return option, the customer must inform us of their intention to return the goods within the aforementioned period of 30 calendar days from receipt of the goods. The return must then be made within a reasonable period after this notification; this period is deemed to have been met if the goods are dispatched no later than the 35th calendar day after receipt of the original delivery. 

(3) The returned clothing must have only been worn for fitting purposes and must be in a condition that corresponds to such a fitting – as typically takes place in a retail store. 

(4) In the case of returned clothing that is worn beyond normal wear, soiled or damaged, we reserve the right to claim compensation for the value of the item (§ 357 para. 7 BGB).

(5) The above voluntary return option applies exclusively to clothing items and does not affect your statutory rights, in particular your right of withdrawal and your warranty rights.

(6) As the buyer, you bear the direct costs of returning the goods, even under the voluntary return option according to section 4.4. Return shipping costs of €2.90 (including VAT) will be taken into account when issuing a refund by deducting this amount from the purchase price to be refunded. In the case of a refund in the form of shop credit, the corresponding amount will also be credited after deducting the return shipping costs.

5. Payment terms

5.1 Prices

All prices listed in our online shop include the applicable statutory value added tax.

5.2 Shipping costs (both outbound and return)

Shipping costs may apply in addition to the stated product prices; these are detailed in our current [price list/document/etc.]. Shipping cost overview identify.

5.2.1 Outbound shipping costs

Shipping costs may apply in addition to the stated product prices.The applicable shipping costs will be displayed separately to the customer during the ordering process and are to be borne by the customer unless expressly agreed otherwise. The amount of the shipping costs depends in particular on the delivery location, shipping method, and order value, and will be clearly and comprehensibly displayed before the binding order is placed.

5.2.2 Return shipping costs 

As the buyer, you bear the direct costs of returning the goods. This applies in particular – but not exclusively –  For returns under the statutory right of withdrawal, voluntary return options, and the money-back guarantee, return shipping costs are a flat rate of €2.90 (including VAT) per return.
Return shipping costs will be taken into account as part of the refund process as follows:
 If the refund is issued via the original payment method, the amount of €2.90 (including statutory VAT) will be deducted from the purchase price to be refunded.
If, at your request, the refund is issued in the form of shop credit, the credit will be reduced accordingly, deducting the return shipping costs of €2.90 (including statutory VAT).
Notwithstanding the above, we will bear the return shipping costs if the return is due to circumstances for which we are responsible, in particular if
 – the delivered goods are defective or
 – a wrong delivery has occurred.
In these cases, there will be no charge for return shipping costs.

5.3 Payment processing

You can make the payment as follows:

5.3.1 for one-off purchases

via PayPal, credit card (Visa, Mastercard, American Express), Klarna, Klarna instant bank transfer, Apple Pay, Google Pay, Shop Pay, UnionPay, MobilePay, EPS and Bancontact.

5.3.2 for subscriptions

(1) via PayPal, credit card (Visa, Mastercard, Maestro, American Express), Apple Pay, Google Pay and Shop Pay. 

(2) In the case of subscriptions, we will charge your chosen payment method/account for the first delivery at the time of your order and for each interval delivery no earlier than four (4) days before it takes place.

5.3.3 Changing your payment method

You can change the payment method you selected for your order for future one-off purchases and the next (at least four (4) days in the future) interval delivery of your subscription at any time via your customer account, if you have registered one.

5.4 Payment methods in detail

Further information about the payment methods we offer can be found here. here.

5.5 Due date

(1) Payment for one-off purchases is due immediately upon placing your order; for subscriptions, payment is due four (4) days before each delivery interval. Your chosen payment method will be charged on the respective due date.

(2) We are entitled to default interest at the statutory rate if you default on payment. We reserve the right to claim demonstrably higher damages for default. You have the option to prove that the actual damages incurred were lower.

5.6 Vouchers

To the extent that we offer you, at our sole discretion, cash discounts, coupons, vouchers or other price advantages on the goods z.B. in the form of discount codes or other benefits or promotional gifts, product samples (collectively “Voucher(s)“called” grant, you can redeem these according to the following conditions during the specified validity period:

All vouchers can only be redeemed once. Only one voucher can be redeemed per order. If voucher redemption is excluded below a certain minimum order value per order, we will indicate this in our offers. If the benefit granted by the voucher is a percentage or a fixed euro amount, the voucher value will be automatically deducted from your invoice total (pro rata for subscriptions, if applicable). Any remaining value of the voucher will be forfeited. Cash payment of the voucher value is not possible. If the voucher grants tangible goods, z.B. We will send you product samples and promotional gifts with your first order, but only while stocks last.

5.7 Money-back guarantee

Without prejudice to your statutory rights (in particular your 14-day right of withdrawal and your warranty rights), we offer you a voluntary “Money-back guarantee“under the following conditions:

 

(1) You can test the goods risk-free for 60 days – we'll cover the shipping costs. Not convinced by our products? Then please contact us within 60 calendar days of receiving the goods and follow these steps:

 

a) Write an email (preferably from the email address you provided when placing your order) to support@mybacs.com with the subject “Money-back guarantee“Please state your order number and the exact reason why you are cancelling the order.”Money-back guarantee“You want to make use of it.”

b) Our customer support will get back to you within 24 hours (Mon.-Fri. - excluding public holidays in Germany) with an answer and detailed instructions.

c) Once our customer support has reviewed your case and approved the money-back guarantee, you will receive a personalized link to download your return slip and shipping label. Please return unopened goods to us.

 

(2) In these cases you can benefit from the “Money-back guarantee“Make use of:”

 

a) You feel unwell or cannot tolerate the products after taking them;

b) You do not notice any difference or improvement from taking our products, even though you have tested them over a longer period of time;

 

(3) The following cases are excluded from the “money-back guarantee”:

 

a) If you have lost the goods;

b) If you have not given a reason for the return;

c) If the value of your return is less than €20;

d) If more than 60 days pass between your request and receipt of the goods;

e) If it is a repeat order. The "money-back guarantee" only applies to the first two orders of a one-time purchase or regular delivery as part of a subscription for goods with the same item number, if you contact us within 60 days of receiving the goods.

(4)  The money-back guarantee covers only the refund of the purchase price of the respective dietary supplements. You are responsible for the return shipping costs, even under the money-back guarantee; the regulations regarding the allocation of return shipping costs according to section 5.2.2 apply.

5.8 Shop credit as an alternative goodwill gesture

(1) In connection with the money-back guarantee pursuant to section 5.7, we offer customers the option of receiving shop credit instead of a refund. This option is a voluntary goodwill gesture and does not establish any legal entitlement. The shop credit will be credited to your customer account at your discretion and can only be redeemed in the mybacs® online shop. Cash payment, interest, or transfer to third parties is excluded. The statutory right of withdrawal remains unaffected by this provision. We reserve the right to refuse to grant shop credit in cases of misuse or violations of these Terms and Conditions. The shop credit is valid for a period of 24 months from the date it is credited.

(2) If you choose to receive a credit note under the money-back guarantee, you will also receive a one-time redeemable discount code worth 25%. This discount code constitutes a voucher as defined in section 5.6 of these Terms and Conditions and is subject exclusively to the conditions stipulated therein. The discount code is non-transferable, redeemable only once per customer and order, and cannot be combined with other vouchers or discount promotions. Cash payment is excluded.

6th delivery

6.1 Delivery restrictions

Delivery will be made via mail. The ordered goods will be shipped by mybacs Vertriebs GmbH (Infanteriestraße 11a, D-80797 Munich, email: info@mybacs.com, registered in the commercial register of the Munich District Court under: HRB 245239, Telephone: +49(0)91147558163, VAT ID No. DE321751635).We only deliver to you if you have a delivery address in Switzerland or Liechtenstein. We do not deliver to P.O. boxes.

6.2 Delivery times

(1) Delivery times stated by us are calculated (provided that the purchase price has been paid in advance (except in the case of purchase on account)):

 

a) for one-time purchases, from the time of your order;

b) In the case of subscriptions, we will deliver the first delivery of the subscription in accordance with letter a) and the subsequent deliveries at the agreed delivery intervals +/- 2 working days (Mon.-Sat. – excluding public holidays in Germany).

 

(2) Unless a different current delivery time is specified for the respective goods in our online shop, the delivery time in the case of letter a) (one-off delivery) and b) 1st case (first delivery of the subscription) is 4 to 10 working days for shipments to Switzerland; within the European Union 2 to 10 working days.

6.3 Partial deliveries

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

 

(2) Your regular delivery of goods under subscription agreements does not in itself constitute a partial delivery.

7. Warranty for defects, guarantee; retention of title

(1) We are liable for material defects in accordance with the applicable statutory provisions. An additional guarantee (z.B. Regarding the quality of the goods, a warranty exists for the goods we deliver only if it is expressly stated in the order confirmation for the respective item. We do not provide any guarantee regarding the effectiveness of our goods under any circumstances.

 

(2) For the “money-back guarantee”, see section 5.7 above.

 

(3) The delivered goods remain our property until they have been paid for in full.

8. Liability

8.1 Limitation of Liability

Any liability on our part and your claims for damages are excluded to the extent permitted by law. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations, nor to liability for other damages resulting from our intentional or grossly negligent breach of duty, or that of our legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. Mandatory statutory liability provisions, e.g., under the Product Liability Act, remain unaffected.

 

We accept no liability for indirect damages, including lost profits or revenue, loss of use, or costs for acquiring replacement products.

8.2. Breach of essential contractual obligations

In the event of a breach of essential contractual obligations, we are only liable for the typical, foreseeable damages if these were caused by slight negligence. This excludes claims for damages by you arising from injury to life, body, or health.

8.3 Legal representatives and agents

The limitations in sections 8.1 and 8.2 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

9. Other

9.1 Copyrights

All images, photos, videos, and texts published in our online shop are protected by copyright. Their use is not permitted without the express prior written consent of the respective copyright holder.

9.2 Supplementary terms and conditions for the use of our websites

The use of our website is subject to the following terms of use. You may not use our website if you do not accept these terms of use. By using our website, a free contract for the use of our website is concluded between you and us. Uninterrupted and complete availability of our website cannot be guaranteed according to the current state of technology. We are therefore not liable for the constant and uninterrupted error-free availability of our website. Disruptions or maintenance work may restrict or temporarily interrupt its use. To the extent that we have influence over interruptions (z.B. (During maintenance work), we strive to keep such interruptions as short as possible. Our website is best accessed via a personal computer (PC) using a web browser and a DSL connection or equivalent. If accessed via other internet-enabled devices, both functionality and display may be limited. We assume no responsibility for data security outside our control or for the risk of data loss during transmission over the internet.

9.3 Applicable Law

The version of our General Terms and Conditions (GTC) in effect at the time of contract conclusion and Swiss law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which you, as a consumer, have your domicile or habitual residence, remain unaffected.

9.4 Place of jurisdiction

The place of jurisdiction for legal actions brought by consumers against us is at the consumer's place of residence or at our business address, Munich (DE).

 

The place of jurisdiction for legal actions brought by us against consumers is the consumer's place of residence.

These terms and conditions are valid as of March 2026.