for the online shop available at the URL

https://www.zweimal-m.de

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operated by

Marie Farr and Marius Seipel GbR
zweimalm
Messeler-Park-Straße 72
64291 Darmstadt
Germany

Email: info@zweimal-m.de
Telephone: +49 163 7743060

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– hereinafter referred to as the “Provider” –

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1. Scope of Application

These Terms and Conditions (“T&C”) shall apply, after their inclusion, to all contracts concluded for the purchase of goods, services or other items (hereinafter referred to as “Goods”) via the online shop at the above-mentioned URL, in the version valid at the time the contract is concluded. These T&C shall apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to their validity.

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2. Conclusion of Contract

2.1 The offers presented in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the Goods offered therein.

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2.2 The ordering of the Goods is carried out via the Provider’s online order form. After selecting the desired Goods, entering all mandatory information requested, and completing all other required steps in the ordering process, the selected Goods may be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding offer to conclude a contract for the purchase of the selected Goods.
The contract is concluded when the Provider accepts the customer’s offer. Acceptance shall occur by confirming the conclusion of the contract in writing or in text form (e.g. by email) (order confirmation) and such confirmation is received by the customer, or by delivering the ordered Goods and such Goods are received by the customer, or by requesting payment from the customer (e.g. invoice or credit card payment during the ordering process) and such request for payment is received by the customer. The decisive point in time for the conclusion of the contract shall be the moment when one of the aforementioned alternatives occurs for the first time.

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2.3 Prior to submitting the binding order via the Provider’s online order form, the customer may review and correct their entries at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once again in a confirmation window prior to the binding submission of the order and may also be corrected there using the usual input functions.

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2.4 The Provider shall store the contract text after the conclusion of the contract and shall transmit it to the customer in text form (e.g. by email). Any further access to the contract text by the Provider shall not be provided. If the purchase was made via a customer account in the online shop, the customer may view their orders and the associated order data there.

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2.5 The following languages are available for the conclusion of the contract: German, English.

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3. Right of Withdrawal for Consumers

Consumers are generally entitled to a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. Details are set out in the withdrawal policy, which is made available to every consumer at the latest immediately prior to the conclusion of the contract.

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4. Payment, Default

4.1 The prices stated in the online shop at the time of the order shall apply. All prices include the applicable statutory value-added tax and, where applicable, are subject to the shipping costs indicated. The customer shall be informed of the available payment methods in the Provider’s online shop.

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4.2 If payment by credit or debit card is agreed, the purchase price shall be due immediately upon conclusion of the contract.

 

4.3 If “Sofortüberweisung” is agreed, the purchase price shall be due immediately upon conclusion of the contract. Payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.

 

4.4 If “Apple Pay” is selected as the payment method, payment processing shall be carried out by Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment shall be due immediately upon conclusion of the contract.

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4.5 If “Google Pay” is selected as the payment method, payment processing shall be carried out by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment shall be due immediately upon conclusion of the contract.

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4.6 If payment is made using “American Express”, processing shall be carried out by American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany. Payment shall be due immediately upon conclusion of the contract.

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4.7 If “VISA” is selected as the payment method, payment processing shall be carried out by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment shall be due immediately upon conclusion of the contract.

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4.8 If “Klarna” is selected as the payment method, payment processing shall be carried out by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g. instalment purchase, purchase on account). Unless otherwise stated, payment shall be due immediately upon conclusion of the contract.

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5. Retention of Title

The purchased Goods shall remain the property of the Provider until the purchase price has been paid in full.

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6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery shall be made within the delivery period specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

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6.2 Collection of the purchased Goods by the customer is excluded.

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6.3 If the Provider is unable to deliver the ordered Goods because it has not been supplied by its own supplier through no fault of its own, despite having concluded a congruent covering transaction in due time with a reliable supplier, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider shall be obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contracting party shall be refunded without delay. Mandatory consumer protection rights shall remain unaffected by this paragraph.

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7. Warranty

The statutory provisions on warranty for defects shall apply.

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8. Liability and Indemnification

8.1 The Provider shall be liable without limitation:

• for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the Provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;

• for damages resulting from an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;

• on the basis of a guarantee promise, unless otherwise regulated in this respect;

• due to mandatory liability (e.g. under the German Product Liability Act).

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8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the damage foreseeable and typical for the contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

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8.3 In all other respects, liability of the Provider as well as the liability of its vicarious agents and legal representatives shall be excluded.

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8.4 The customer shall indemnify the Provider against all third-party claims – including the costs of legal defence in their statutory amount – asserted against the Provider due to unlawful or contractual breaches by the customer.

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9. Data Protection

The Provider shall treat the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the Provider’s privacy policy.

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10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.

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10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the courts at the Provider’s place of business shall have jurisdiction, unless exclusive jurisdiction is established for the dispute. This shall also apply if the customer does not have a place of residence within the European Union. The Provider’s place of business can be found in the heading of these T&C.

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10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

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11. Information on Online Dispute Resolution / Consumer Arbitration

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

Our email address can be found in the heading of these Terms and Conditions.