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1 Scope, Definitions
(1) The provider offers physical or digital goods via the website with the URL “www.2sleeve.de” (hereinafter: “Shop”).
(2) The following terms and conditions, in their version valid at the time of the order, apply exclusively to the business relationship between the supplier and the customer. Any differing terms and conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.
(3) A customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.
2. Conclusion of the contract
(1) The presentation of goods in the shop does not constitute a legally binding offer, but merely serves as an invitation to submit an offer.
(2) For the purposes of this agreement, a customer is anyone who submits an offer to purchase goods from the supplier. The customer can select products from the supplier's range and add them to a virtual shopping cart by clicking the "Add to cart" button. By clicking the "Place order" button, the customer submits a binding offer to purchase the goods in the shopping cart. By submitting the offer, the customer accepts these terms and conditions and thereby incorporates them into their offer.
(3) If the supplier sends the customer an automatic confirmation of receipt, this merely documents that the customer's order has been received by the supplier. This expressly does not constitute acceptance of the offer. The contract is accepted by a separate declaration of acceptance from the supplier, e.g., by the supplier's shipping notification, or at the latest upon receipt of the goods.
(4) The language of the contract is German.
3. Delivery, product availability
(1) Whether the goods are kept in stock or produced to order can be found in the product descriptions. If the product description does not indicate this, it should be assumed that the goods are produced to order.
(2) The production time is calculated from the date of our order confirmation, provided that the purchase price has been paid in advance. If no production time is specified in our shop, the production time is two weeks.
(3) The delivery period begins once the production time has elapsed. Unless a delivery time is specified in our online shop, the delivery time is generally three days.
(4) The following delivery restrictions apply: The supplier only delivers to customers whose billing and delivery addresses are located in one of the countries available in the shipping settings of the item.
(5) We assume no procurement risk under any circumstances. Our delivery obligation is limited to goods from our own stock, including the stock of our respective partner dealer. Our obligation to deliver is waived if we ourselves are not supplied correctly and/or on time and are not responsible for the lack of availability, provided we have informed you of this without undue delay. Any advance payments will be refunded in the event of non-availability. The supplier is not obligated to ensure the permanent availability of the offer. This does not apply to orders that have already been confirmed.
(6) The supplier will deliver to the address provided as the shipping address during the ordering process. Any additional costs incurred due to the shipment (e.g., customs duties, etc.) are to be borne by the customer. The customer also bears the costs resulting from failed delivery attempts, insofar as the customer is responsible for these. The latter applies in particular if the customer provides an incorrect delivery address.
4 Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
5. Prices and shipping costs
(1) The prices displayed in the shop either include the value added tax applicable in the respective country, or the tax equivalent to German value added tax in the respective country, or the products are subject to differential taxation. This is indicated below the price of each product.
(2) The shipping costs are determined by the product description. The shipping method specified may differ from the information in the product description, particularly due to the supplier's economic considerations.
(3) The supplier shall bear the shipping risk only if the customer is a consumer within the meaning of the German Civil Code (BGB).
(4) In the event of a cancellation, the customer shall bear the direct costs of returning the goods. This does not apply if the customer would be exposed to disproportionate difficulties by returning the goods.
5a Compensation for returned goods
The customer is liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning (§ 357 para. 7 of the German Civil Code), and the customer has been properly informed of their right of withdrawal beforehand. This applies in particular to signs of use, damage, or missing accessories.
6 Payment terms
(1) The customer may choose between the payment options provided by the supplier. It should be noted that, in addition to these provisions, the terms and conditions of the respective payment service provider may apply.
(2) The due date for the purchase price also depends on the respective payment method.
(3) The customer’s obligation to pay default interest does not preclude the supplier from claiming further damages for default.
7 Warranty Rights & Guarantees
(1) Unless expressly agreed otherwise below, the statutory warranty law shall apply.
(2) In the case of contracts concluded with entrepreneurs, the following applies: Claims for defects in the goods shall become time-barred within one year from the date of handover or delivery of the goods.
(3) In the case of the sale of used goods to consumers, the following applies: If the defect appears after one year from delivery of the goods, claims for defects are excluded. Defects that appear within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
(4) When selling used goods to businesses, any liability for material defects is excluded.
(5) The foregoing limitations and reductions of time limits vis-à-vis entrepreneurs and consumers shall not apply to claims based on damages caused by the provider, its legal representatives or vicarious agents: in the event of injury to life, body or health; in the event of intentional or grossly negligent breach of duty as well as fraudulent intent; in the event of breach of essential contractual obligations (cardinal obligations); within the scope of a guarantee promise or to the extent that the scope of application of the Product Liability Act is opened.
(6) The provider offers no warranties beyond the statutory warranty. Manufacturer warranties are listed on the respective product page. The manufacturer is solely liable for their content.
(7) A product marked ‘Recycled’ shall not be considered a used product unless the product description states otherwise.
8 Liability
(1) We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents: in the event of injury to life, body or health; in the event of intentional or grossly negligent breach of duty; in the event of a guarantee promise or within the scope of the Product Liability Act.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the damage typically foreseeable at the time of conclusion of the contract. Otherwise, liability is excluded.
9 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of the provider.
(3) The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. We participate in dispute resolution proceedings before this consumer arbitration board: Universal Arbitration Board of the Federal Government, Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
(4) Should any provision of this Agreement be invalid, the remainder of the Agreement shall remain in full force and effect. The invalid provision shall be replaced by the applicable statutory provisions.
10 Customer behavior, right of exclusion
The provider reserves the right to permanently exclude individual customers from shopping in the online store for good cause. Such good cause exists in particular if the customer repeatedly orders products and returns an excessive number of them, especially despite prior individual consultation, agreements, or transparency regarding the nature of the goods. In these cases, the provider is entitled to refuse new orders from the customer or to cancel existing contracts before shipment of the goods. There is no entitlement to the conclusion of a contract.
