Terms of service

Table of Contents

  • Scope
  • Conclusion of Contract
  • Right of Withdrawal
  • Prices and Payment
  • Delivery and Shipping
  • Retention of Title
  • Defect Liability (Warranty)
  • Liability
  • Promotional Vouchers
  • Applicable Law
  • Jurisdiction
  • Alternative Dispute Resolution

1) Scope

1.1 These Terms and Conditions ("T&Cs") of S-shaped UG (haftungsbeschränkt) ("Seller") apply to all contracts for the delivery of goods concluded by consumers or entrepreneurs ("Customer") with the Seller via the Seller's online shop. The inclusion of the Customer's own terms and conditions is expressly rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that are primarily outside their trade, business or profession.

1.3 An entrepreneur within the meaning of these T&Cs is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession.


2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers but are an invitation to the Customer to submit an offer.

2.2 The Customer submits their offer via the online order form. After selecting the desired goods and completing the ordering process, the Customer submits a legally binding purchase offer by clicking the final order button.

2.3 The Seller may accept the Customer's offer within five days by sending a written or electronic order confirmation, by delivering the ordered goods or by requesting payment. The earliest of these events is decisive. If no acceptance occurs within this period, the offer is deemed rejected.

2.4 For payment via PayPal, the Seller declares acceptance at the moment the Customer clicks the final order button. Processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the applicable PayPal terms of use.

2.5 The contract text is saved after the order is completed and sent to the Customer by email. Customers with a user account can retrieve their order data there at any time.

2.6 Input errors can be corrected using the standard keyboard and mouse functions until the order is completed.

2.7 The contract may be concluded in various languages as displayed in the online shop.

2.8 Order processing and communication are generally carried out by email. The Customer ensures that the email address provided is correct and that emails from the Seller can be delivered.


3) Right of Withdrawal

3.1 Consumers are entitled to a statutory right of withdrawal.

3.2 Details are set out in the Seller's Withdrawal Policy.


4) Prices and Payment

4.1 The prices stated are final prices and include the applicable statutory VAT. Any delivery and shipping costs are shown separately in the product description.

4.2 For deliveries outside the EU, additional costs may arise that are not the responsibility of the Seller and must be borne by the Customer (e.g. customs duties, transfer fees).

4.3 The available payment methods are displayed in the online shop.

4.4 For payment via PayPal, processing is carried out by PayPal, which may also use the services of other payment service providers. If the Seller offers advance payments via PayPal (e.g. invoice or instalment purchase), the Seller assigns the claim to PayPal. PayPal carries out a credit check in advance; the Seller reserves the right to refuse this payment method if the result is negative.

4.5 For payment via Shopify Payments, processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Further information at https://www.shopify.com/legal/terms-payments-de.

4.6 For payment via Klarna, processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Further information and conditions are available at https://s-shaped.com/pages/zahlung-versand.

4.7 For invoice payment via Klarna, the purchase price is due within 30 days of delivery. This payment method requires a credit check by Klarna. The Seller reserves the right to refuse this payment method if the result is negative.


5) Delivery and Shipping

5.1 Delivery is made to the delivery address specified by the Customer, unless otherwise agreed.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable additional costs incurred by the Seller. This does not apply to the outward delivery costs if the Customer effectively exercises their right of withdrawal.

5.3 For entrepreneurs, the risk of accidental loss passes to the carrier upon handover. For consumers, the risk generally passes only upon delivery to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of improper self-supply, provided this is not the Seller's fault. In this case, the Customer will be informed without delay and any payments already made will be refunded.

5.5 Collection in person is not possible for logistical reasons.


6) Retention of Title

The delivered goods remain the property of the Seller until the purchase price has been paid in full.


7) Defect Liability (Warranty)

Unless otherwise stated below, the statutory defect liability provisions apply. By way of derogation, the following applies to contracts for the sale of goods:

7.1 If the Customer acts as an entrepreneur, the Seller has the right to choose the type of subsequent performance. For new goods, the limitation period for defect claims is one year from delivery. For used goods, defect claims are excluded. The limitation period does not restart upon replacement delivery.

7.2 The above provisions do not apply to the Customer's claims for damages, fraudulently concealed defects, building materials or update obligations for digital products.

7.3 Statutory limitation periods for any recourse claims of entrepreneurs remain unaffected.

7.4 Merchants within the meaning of the German Commercial Code (HGB) are subject to the duty of inspection and notification pursuant to Section 377 HGB. If defects are not notified in time, the goods are deemed approved.

7.5 Consumers are requested to report obvious transport damage to the carrier and to inform the Seller. Failure to do so does not affect statutory warranty rights.


8) Liability

8.1 The Seller is liable without limitation for intent or gross negligence, for injury to life, body or health, based on warranty promises and under the Product Liability Act.

8.2 In the event of negligent breach of material contractual obligations, liability is limited to the foreseeable, typical contractual damage. Material contractual obligations are those whose fulfilment is necessary for the proper performance of the contract and on which the Customer may rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 These provisions also apply to the liability of the Seller for its agents and legal representatives.


9) Promotional Vouchers

9.1 Promotional vouchers are vouchers issued free of charge by the Seller that can only be redeemed within the specified period and only in the online shop.

9.2 Certain products may be excluded from the promotional voucher.

9.3 Vouchers can only be redeemed before the order is completed; subsequent crediting is excluded.

9.4 Only one voucher may be redeemed per order.

9.5 The value of the goods must at least equal the value of the voucher. Remaining credit will not be refunded.

9.6 If the order value exceeds the voucher value, the difference can be paid using one of the other payment methods.

9.7 Voucher credit is neither paid out nor does it accrue interest.

9.8 If goods paid for with a voucher are returned, the voucher will not be refunded.

9.9 Vouchers are personal and non-transferable.


10) Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident.


11) Jurisdiction

For entrepreneurs and legal persons under public law with their registered office in Germany, the exclusive place of jurisdiction is the Seller's registered office. The Seller is also entitled to bring an action at the Customer's place of business.


12) Alternative Dispute Resolution

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

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