Standard Business Terms and customer information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Diving Mask) via the website www.diving-mask.de. Unless otherwise agreed, the inclusion of your own conditions is objected to.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of products. Our offers on the website are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The products intended for purchase are stored in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar) and entering your personal data, as well as the payment and shipping conditions, the order data will be displayed as an order overview.

Before sending the order, you have the opportunity to check the details on the order overview page again, to change them (you can also use the "back" button of your web browser) or to cancel the purchase. By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order with obligation to pay" or similar), you submit a binding offer to us.

Subsequently, you will receive an automatically generated email about the receipt of your order, which does not yet lead to the conclusion of a contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within a period of 2 days by confirmation in text form (e.g., email), in which you receive a confirmation (order confirmation) of the execution of the order or the delivery of the respective products. If you do not receive a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all necessary information related to the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you provide us is correct, and that the receipt of the respective emails is guaranteed. In particular, you must ensure that the corresponding emails are not blocked by a SPAM filter.

§ 3 Individually Designed Products

(1) You provide us with the necessary information, texts, or data for the individual design of the goods immediately after concluding the contract via the online ordering system or by email. Any specifications we may provide regarding file formats must be observed.

(2) You are obliged to ensure that you do not transmit any data whose content violates the rights of third parties (especially copyrights, name and trademark rights) or violates existing laws. You expressly indemnify us from all claims related to such content from third parties. This also applies to the costs of any necessary legal representation.

(3) We do not check the transmitted data for content accuracy. We therefore do not assume any liability for errors.

§ 4 Special Agreements on Offered Payment Methods

(1) Payment via "SOFORT" / Sofortüberweisung

With the payment method Sofort / Sofortüberweisung, the payment process is carried out via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). To use the SOFORT payment method, you need a corresponding online banking account. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. Further information about SOFORT can be found at https://www.klarna.com/sofort/.

(2) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Each payment is made to Klarna:

Invoice ("Pay later"): The Klarna invoice terms for Germany can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; The terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

Direct debit ("Pay now")

Credit card

The use of the payment methods invoice and/or installment payment and/or direct debit requires a positive credit check. In this context, we pass on your data to Klarna for the purpose of address and credit checks before we can accept and issue the purchase contract.

Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check.

Further information about Klarna and the terms of use of Klarna for Germany can be found here: Visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(3) SEPA Direct Debit

When paying by SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to debit the invoice amount from the specified account.

The direct debit is collected within a period of 2 - 7 days after the conclusion of the contract. The deadline for sending the pre-notification has been shortened to 5 days before the due date. You are obliged to ensure that the account in question has sufficient funds at the time of due. If a return debit note occurs because you have not fulfilled your obligations, you must pay the resulting bank charges.

(4) Payment via "PayPal" / "PayPal Checkout"

When selecting a payment method offered via "PayPal" / "PayPal Checkout," the payment process is carried out via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed on our website and in the online ordering process under a correspondingly marked button. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Small Business Regulation according to § 19 UStG

(1) We would like to inform you that our company operates as a small business in terms of § 19 UStG. This means that we do not charge value-added tax (VAT) and therefore do not include VAT in our prices. The prices listed on our website and in our offers are final prices and, in accordance with the small business regulation, do not contain VAT. This regulation simplifies our accounting and pricing and allows us to offer our products and services without the burden of VAT.

§ 6 Right of Retention, Reservation of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are an entrepreneur, the following additional conditions apply:

a) We retain ownership of the goods until all claims from the current business relationship have been settled in full. A pledge or security transfer of the reserved goods is not permitted before the transfer of ownership rights to the goods.

b) You may resell the goods in the ordinary course of business. In this respect, you already now assign all claims in the amount of the invoice amount that arise from the resale to us, and we accept the assignment. In addition, you are authorized to collect the relevant claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the case of combining and mixing of the reserved goods, we acquire co-ownership of the newly created item. This co-ownership corresponds to the ratio between the invoice value of the reserved goods and the other processed items at the time of processing.

d) On request, we are obliged to release the securities we are entitled to to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to immediately check the completeness, visible defects and transport damage of the goods upon delivery and to notify us and the shipping company of any complaints as soon as possible. Even if you do not comply with this request, it will have no effect on your statutory warranty claims.

(3) If the condition of the goods deviates from the objective requirements, the deviation is only considered as agreed if you were informed by us before issuing the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following deviations from the above warranty provisions apply:

a) Only our own specifications and the manufacturer's product description are agreed as the condition of the goods, not other advertising, public promotions, and statements by the manufacturer.

b) In case of defects, we provide a warranty, at our discretion, by rectifying the defect or delivering a replacement. If the rectification of defects fails, you may request a reduction or withdraw from the contract at your discretion. The rectification is deemed to have failed after an unsuccessful second attempt unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification of defects, we are not obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of this period does not apply: - for damages caused by us resulting from injury to life, body, or health and for other damages caused intentionally or through gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item; - for items that have been used for a building in accordance with their customary use and have caused its defectiveness; - for statutory rights of recourse that you have against us in connection with rights of defects.

§ 8 Choice of Law

(1) German law applies. This choice of law applies to consumers only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence (principle of favorability).

(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.

II. Customer Information

  1. Identity of the Seller                                                                                                                            Telephone: 

  2. Complaint Office of the Company: support@diving-mask.com

    Alternative Dispute Resolution: The European Commission provides a platform for out-of-court dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

    We are neither committed nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

  3. Information about the Conclusion of the Contract The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out according to the regulations "Formation of the Contract" in our General Terms and Conditions (Part I).

  4. Contract Language, Contract Text Storage 3.1 The language available for contract conclusion is English. 3.2 The full text of the contract is not stored by us. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the legally required information for distance contracts, and the terms and conditions are sent to you again via email.

  5. Codes of Conduct 4.1 We have voluntarily subjected ourselves to the buyer's seal quality criteria of Händlerbund Management AG, viewable at: [Link to quality criteria].

  6. Main Features of the Product or Service The essential characteristics of the goods and/or services can be found in the respective offer.

  7. Prices and Payment Modalities 6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all price components, including all applicable taxes. 6.2 The shipping costs are not included in the purchase price. They are accessible via an appropriately labeled button on our website or in the respective offer, are separately shown during the ordering process, and are to be borne by you additionally, unless free shipping delivery is promised. 6.3 For deliveries outside the European Union, additional costs we cannot influence may be incurred, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of the banks), which are to be borne by you. 6.4 Any costs of transferring money must also be borne by you, even if the delivery is made to an EU member state but the payment was initiated outside the European Union. 6.5 The payment methods available to you are shown under an appropriately labeled button on our website or in the respective offer. 6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the concluded contract are due for immediate payment.

  8. Delivery Conditions 7.1 The delivery conditions, the delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer. 7.2 If you are a consumer, it is regulated by law that the risk of accidental destruction and accidental deterioration of the sold item during shipping only passes to you upon delivery of the item, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by us or a person otherwise designated to carry out the shipment.

    If you are an entrepreneur, delivery and shipment take place at your own risk.

  9. Statutory Warranty Rights Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).

These T&Cs and customer information have been created by the IT law experts of the Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. Further information can be found on the following website: Rechtstexte für Online-Shop, Website & Co (haendlerbund.de).