Terms of service

Terms and Conditions

Table of Contents

  • Scope of Application

  • Conclusion of Contract

  • Right of Withdrawal

  • Prices and Payment Conditions

  • Delivery and Shipping Conditions

  • Retention of Title

  • Liability for Defects (Warranty)

  • Liability

  • Redemption of Promotional Vouchers

  • Redemption of Gift Vouchers

  • Applicable Law

  • Place of Jurisdiction

  • Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Restash 94 GmbH & Co. KG (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in respect of the goods displayed 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 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature.

1.4 An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

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 may submit the offer via the Seller’s online order form integrated in the online shop. In doing so, 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 respect to the goods in the shopping cart by clicking the button concluding the order 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 e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or

  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or

  • requesting payment from the Customer after placement of the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within this 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 the Customer selects a payment method offered by PayPal, payment will be processed 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/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax, or letter) after submission of the Customer’s order. Any further provision of the contract text by the Seller shall not take place.

2.6 Prior to the binding submission of the order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors may be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the order process.

2.7 The languages available for conclusion of the contract are indicated in the Seller’s online shop.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that, when using spam filters, all e-mails sent by the Seller or by third parties engaged by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices which include the statutory value-added tax. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred with regard to the transfer of funds if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment methods available to the Customer are communicated in the Seller’s online shop.

4.4 If the Customer selects a payment method offered via the “PayPal” payment service, payment processing is carried out via PayPal, which may make use of the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where it makes advance payments to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider appointed by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider appointed by PayPal will carry out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider appointed by PayPal with debt-discharging effect. However, even in the case of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and credit notes.

4.5 If the Customer selects a payment method offered via the “Shopify Payments” payment service, payment processing is carried out by 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 make use of other payment services for payment processing, which may be subject to special payment conditions, to which the Customer will be separately referred, if applicable. Further information about “Shopify Payments” can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery territory specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive in the execution of the transaction.

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 shall not apply with regard to the costs of dispatch if the Customer effectively exercises their right of withdrawal. With regard to the return costs, the Seller’s cancellation policy shall apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, even if they are a consumer, once the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment, and the Seller has not previously named such 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-supply. This shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without delay and any consideration shall be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers shall be provided to the Customer as follows:

  • by e-mail

6) Retention of Title

If the Seller delivers in advance, they shall retain title of ownership to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. In deviation therefrom, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

  • the Seller may choose the type of subsequent performance;

  • for new goods, the limitation period for defect claims shall be one year from delivery of the goods;

  • rights and claims for defects are excluded for used goods;

  • the limitation period shall not begin anew if a replacement delivery is made under liability for defects.

7.2 The above-mentioned limitations of liability and shortening of deadlines shall not apply:

  • to claims for damages and reimbursement of expenses by the Customer,

  • if the Seller has fraudulently concealed the defect,

  • to goods which have been used in accordance with their usual manner of use for a building and have caused its defectiveness,

  • to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

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

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to examine the goods and to give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this shall have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller shall be 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 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 guarantee promise, insofar as nothing else is regulated in this respect,

  • on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and compliance with which the Customer may regularly rely upon.

8.3 Any further liability of the Seller is excluded.

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

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Promotional Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if such a restriction is stated in the content of the Promotional Voucher.

9.4 Promotional Vouchers must be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher can be redeemed per order.

9.6 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.8 The balance of a Promotional Voucher will neither be paid out in cash nor will it accrue interest.

9.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

9.10 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers must be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one Gift Voucher can be redeemed per order.

10.5 Gift Vouchers can only be used to purchase goods, not other Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The balance of a Gift Voucher will neither be paid out in cash nor will it accrue interest.

10.8 Gift Vouchers are transferable. The Seller may perform with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, incapacity, or lack of representative authority of the respective holder.

11) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For 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.

12) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer has their place of business outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is in any case entitled to bring an action before the court at the Customer’s place of business.

13) Alternative Dispute Resolution

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