General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (dc AG) via the website https://b2c.dc-demo.de/. Unless otherwise agreed, any of your own terms and conditions, if used, will be rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership with legal capacity who acts in the exercise of their independent professional or commercial activity.
 

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we make a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the item description.

(3) The contract is formed through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time using the corresponding button in the navigation bar and make changes there. After clicking the "Checkout" or "Proceed to Checkout" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview.
If you choose to use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will be either directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you will make the relevant selection or input your data there. Finally, the order data will be displayed to you as an order overview on the instant payment system provider's website or after being redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview once more, make changes (also using the "back" function of the web browser), or cancel the order. By submitting the order via the corresponding button ("place order," "buy" / "buy now," "order with payment obligation," "pay now," or similar designation), you legally accept the offer, thereby concluding the contract. (4) Your requests for the creation of an offer are non-binding for you. We will make a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured, and, in particular, not prevented by spam filters.
 

§ 3 Customized Goods

(1) You must provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after the conclusion of the contract. You must observe any specifications we may have regarding file formats.
 
(2) You undertake not to transmit any data that infringe the rights of third parties (in particular copyrights, name rights, trademark rights) or violate existing laws. You expressly indemnify us from all claims asserted in this regard by third parties. This also includes the costs of necessary legal representation in this context.
 
(3) We do not check the transmitted data for correctness of content and assume no liability for errors.
 

§ 4 Contract Duration / Termination of Subscription Contracts

(3) The right to terminate the contract for cause remains unaffected by this.

(4) Any termination must be declared and transmitted either in text form (e.g., email) or using the termination button embedded on our website ("Terminate Contracts Here" or a similar designation).
 

§ 5 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

• Invoice ("Pay Later"): You can find Klarna's invoice terms for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for extending the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
• Direct Debit ("Pay Now")

The use of the payment methods Invoice and/or Installment Purchase and/or Direct Debit requires a positive credit check. Therefore, we will forward your data to Klarna for the purpose of address and credit checks as part of the initiation and execution of the purchase contract. Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check.

For more information about Klarna and Klarna's terms of use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/. (2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply for this, you will be separately informed. For more information about "PayPal," please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
 

§ 6 Right of Retention, Reservation of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the full purchase price has been paid.
 

§ 7 Warranty

(1) The statutory defect liability rights apply.

(2) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to promptly report any complaints to us and the carrier. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed upon if you were informed of it before submitting the contractual declaration by us and the deviation was expressly and separately agreed upon between the parties to the contract.
 

§ 8 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. This choice of law only applies to consumers to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence (favorability principle).

(2) The place of performance for all services under the business relationship with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
 

§ 9 Youth Protection

(1) When selling goods subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Any age restrictions applicable are indicated in the respective item description.

(2) By placing your order, you assure that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorized by you who have reached the legally required minimum age receive the goods.

(3) To the extent that we are obliged by legal regulations to carry out age verification, we instruct the logistics service provider commissioned with delivery to hand over the goods only to persons who have reached the legally required minimum age and, in case of doubt, to present the identity card of the person receiving the goods for age verification.

(4) To the extent that we specify in the respective item description that you must have reached the age of 18 for the purchase of the goods, the provisions in paragraphs 1-3 apply with the proviso that majority must be reached instead of the legally required minimum age.


Please also refer to our Customer Information.

These terms and conditions and customer information have been created by the legal experts at Händlerbund, who specialize in IT law, and are regularly reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last Updated: 29th November 2022