Terms of service

General Terms and Conditions (GTC)

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right of Cancellation
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Retention of Title
  7. Warranty
  8. Liability
  9. Applicable Law
  10. Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as β€œGTC”) apply to all contracts concluded between Dumunt (hereinafter referred to as the β€œSeller”) and consumers or traders (hereinafter referred to as the β€œClient”) regarding all goods and/or services offered in the Seller’s online shop.

The inclusion of the Client’s own terms and conditions is hereby expressly excluded, unless otherwise expressly agreed in writing.

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

1.3 A trader within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute legally binding offers but serve as an invitation for the Client to submit a binding offer.

2.2 The Client submits a binding contractual offer by completing the online ordering process, placing the selected goods and/or services in the shopping cart, and clicking the button that finalizes the order.

2.3 The Seller may accept the Client’s offer within five (5) days:

  • by sending an order confirmation in text form (e.g. email), or

  • by delivering the ordered goods to the Client, or

  • by requesting payment from the Client after the order has been placed.

The contract is concluded at the moment the first of these actions occurs.
If the Seller does not accept the Client’s offer within the aforementioned period, the offer shall be deemed rejected and the Client shall no longer be bound by it.

2.4 The contract text is stored by the Seller after conclusion of the contract and transmitted to the Client in text form (e.g. email). The contract text will not be made accessible beyond this.
If the Client has created a customer account prior to placing an order, order details can be accessed via the password-protected user account.

2.5 Prior to submitting a binding order, the Client may identify and correct input errors using standard keyboard and mouse functions before clicking the order confirmation button.

2.6 The contract language is English.

2.7 Order processing and communication generally take place via email and automated systems. The Client is responsible for ensuring that the provided email address is correct and that emails sent by the Seller can be received, including checking spam filters if applicable.

3. Right of Cancellation

3.1 Consumers are entitled to a statutory right of cancellation.

3.2 Detailed information regarding the right of cancellation is provided separately in the Seller’s Return and Refund Policy.

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the product description, all prices are total prices and include statutory value-added tax (VAT). Any additional shipping costs are displayed separately during the ordering process.

4.2 The Client may use one of the payment methods offered in the Seller’s online shop.

4.3 In the case of deliveries to countries outside the European Union, additional costs may arise (e.g. customs duties, import taxes, or bank transfer fees) for which the Seller is not responsible and which must be borne by the Client.

4.4 When paying by credit card, the purchase price is due immediately upon conclusion of the contract. Payment processing may be handled by third-party payment service providers, who may conduct credit checks and refuse payment if necessary.

4.5 If payment is processed via Shopify Payments, the payment service is provided by Shopify International Limited, Dublin, Ireland. Additional payment methods and conditions may apply as communicated during checkout.

Further information on Shopify Payments is available at https://www.shopify.com/payments.

5. Shipment and Delivery Conditions

5.1 If shipping is offered, delivery shall be made to the delivery address provided by the Client within the delivery area specified in the online shop.

5.2 If delivery fails due to reasons attributable to the Client, the Client shall bear the costs of the unsuccessful delivery attempt, unless the Client has validly exercised the right of cancellation.

5.3 Personal collection of goods is not possible.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible for the non-delivery and has concluded a corresponding hedging transaction with the supplier. In such cases, the Client will be informed without undue delay and any payments made will be refunded.

5.5 Risk Transfer:

If the Client acts as a consumer, the risk of accidental loss or deterioration of the goods passes to the Client only upon delivery of the goods to the Client or an authorized recipient.

If the Client acts as a trader, the risk passes to the Client upon handover of the goods to the transport company.

6. Retention of Title

In the case of advance delivery, the Seller retains ownership of the delivered goods until full payment of the purchase price has been received.

7. Warranty

7.1 Unless otherwise stated, statutory warranty provisions apply.

7.2 If the Client acts as a trader:

  • the Seller may choose the type of subsequent performance,

  • the limitation period for warranty claims for new goods is one year from delivery,

  • warranty claims for used goods are excluded,

  • the limitation period does not restart upon replacement delivery.

7.3 These limitations do not apply:

  • to claims for damages,

  • in cases of fraudulent concealment of defects,

  • to goods used in accordance with their customary use for a building,

  • to statutory obligations relating to digital elements.

7.4 Statutory rights of recourse for traders remain unaffected.

7.5 Traders are subject to the duty to inspect and notify defects in accordance with applicable commercial law.

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

8. Liability

8.1 The Seller shall be liable without limitation for:

  • intent or gross negligence,

  • injury to life, body, or health,

  • guarantees expressly assumed,

  • mandatory statutory liability.

8.2 In cases of negligent breach of essential contractual obligations, liability shall be limited to foreseeable, contract-typical damages.

8.3 Any further liability is excluded.

8.4 These liability provisions also apply to the Seller’s legal representatives and vicarious agents.

9. Applicable Law

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as mandatory consumer protection provisions of the country of residence are not restricted.

10. Alternative Dispute Resolution

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

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at:
https://ec.europa.eu/consumers/odr

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