Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Maja Dluzniewska, trading as "Things Outside The Box" (hereinafter "Seller"), apply to all contracts for the delivery of goods entered into by a consumer or business customer (hereinafter "Customer") with the Seller relating to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 For the purposes of these GTC, a business customer 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 profession.

1. Conclusion of Contract

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

2.2 The Customer may 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 relating to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email.

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), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the expiry 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 result 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 will be 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, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the Customer does not have a PayPal account – subject to the Terms for Payments Without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal-offered payment method selectable during 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 ordering 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 Customer's order has been submitted. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the 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 recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries as part of 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 the conclusion of the contract. The specific language options are shown in the online shop.

2.8 Order processing generally takes place automatically by 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 at that address.

1. Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

1. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, which include statutory VAT. Any additional delivery and shipping costs that may apply 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 a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Shopify may make use of additional payment services, which may be subject to special payment terms, which the Customer may be separately informed of. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

1. Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive for the execution of the transaction.

5.2 For goods delivered by freight carrier, delivery is made "curbside," i.e., to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop or otherwise agreed.

5.3 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 the outbound delivery if the Customer effectively exercises their right of withdrawal. For return shipping costs, in the event the Customer effectively exercises their right of withdrawal, the provisions set out in the Seller's withdrawal instructions shall apply.

5.4 If the Customer acts as a business customer, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the freight forwarder, carrier, or other person or organization designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally does not pass until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss or accidental deterioration of the sold goods also passes to consumer Customers as soon as the Seller has handed over the item to the freight forwarder, carrier, or other person or organization designated to carry out the shipment, if the Customer themselves commissioned the freight forwarder, carrier, or other person or organization to carry out the shipment and the Seller had not previously named this person or organization to the Customer.

5.5 If the Customer acts as a consumer domiciled in Germany or as a business customer, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's fault and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any payment already made will be refunded without delay.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

1. Retention of Title

If the Seller provides advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

1. Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions governing liability for defects shall apply. The following deviates from this for contracts for the delivery of goods:

7.1 If the Customer acts as a business customer,

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

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction in the following point: the limitation period for defect claims is one year from delivery of the goods, if this has been expressly and separately agreed between the parties by contract and the Customer was specifically informed of the shortened limitation period before submitting their contractual declaration.

7.3 The above limitations of liability and shortened periods do not apply

to the Customer's claims for damages and reimbursement of expenses,
in the event that the Seller has fraudulently concealed the defect,
to goods that have been used for a building in accordance with their customary use and have caused the building's defectiveness,
to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for business customers, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery carrier and to notify the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual defect claims.

1. Liability

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

8.1 The Seller is liable without limitation, on any legal grounds,

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
on the basis of a guarantee promise, unless otherwise provided in this regard,
on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Customer acts as a consumer domiciled in Germany or as a business customer, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation pursuant to the preceding point. Material contractual obligations are obligations whose fulfillment is essential to enable the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless it is liable without limitation pursuant to the preceding point.

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

1. Applicable Law

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. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

1. Alternative Dispute Resolution

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