Terms of service

General Terms and Conditions with Customer Information
Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Warranty Liability

  8. Limitation of Liability

  9. Distribution and (Re-)Export Ban to Russia (“No re-export to Russia”)

  10. Applicable Law

  11. Jurisdiction

  12. Code of Conduct

  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (“GTC”) of Devrakh Lederwaren GmbH (“Seller”) apply to all contracts for the supply of goods that a consumer or entrepreneur (“Customer”) concludes with the Seller via the online shop. The inclusion of the Customer’s own terms is hereby rejected unless expressly agreed otherwise.
1.2 A “consumer” is any natural person who enters into a legal transaction for purposes predominantly outside their trade or profession.
1.3 An “entrepreneur” is a natural or legal person or commercial partnership with legal capacity who acts in the exercise of their trade or profession when concluding a legal transaction.

2) Conclusion of Contract

2.1 Product descriptions in the Seller’s online shop do not constitute binding offers but are invitations for the Customer to make a binding offer.
2.2 The Customer may submit the offer via the integrated online order form. By clicking the final “order” button after completing the electronic ordering process, the Customer submits a legally binding offer for the items in the shopping cart. Offers may also be submitted by email, the online contact form, or phone.
2.3 The Seller may accept the Customer’s offer within five days by delivering a written or electronic order confirmation (fax or email), by delivering the ordered goods (receipt by the Customer), or by requesting payment. The contract is concluded at the earliest of these events. The acceptance period begins the day after the Customer places the order and ends at midnight on the fifth day. Failure to accept within this period constitutes rejection.
2.4 Payment via PayPal is processed under PayPal’s terms. Upon selecting PayPal during checkout, the Seller accepts the Customer’s offer when the final button is clicked.
2.5 The contract text is stored by the Seller and sent to the Customer after order submission in text form (e.g. email, fax, letter). If the Customer created an account, order data are archived and accessible via their password-protected account.
2.6 Before finalizing the order, the Customer can review and correct errors using standard input functions.
2.7 The available languages for the contract are displayed in the online shop.
2.8 Orders and communication are generally processed via email and automated systems. The Customer must provide a valid email address and ensure receipt of all messages, including any from third-party service providers.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information on the right of withdrawal is provided in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated, prices include statutory VAT. Shipping costs are shown separately.
4.2 Orders delivered outside the EU may incur additional costs (e.g. bank fees, import duties or taxes), for which the Customer is responsible.
4.3 Accepted payment methods are listed in the online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately unless otherwise stated.
4.5 When using PayPal (including deferred payment or pay-over-time options), the Seller’s claim is assigned to PayPal or its agents; a credit check may be carried out. Payment is then made directly to PayPal. The Seller remains responsible for product inquiries, delivery, returns, complaints, etc.
4.6 For “SOFORT” payments, processing is handled by SOFORT GmbH (Klarna). Requires enabled online banking.
4.7 Payments via Shopify Payments are processed by Stripe Payments Europe Ltd.
4.8–4.16 SEPA direct debits, credit card payments, and other installment options are processed via the designated providers (PayPal, Stripe, SOFORT, secupay, PAYONE, Klarna). Specific conditions regarding mandate, advance notice, credit check, and liability for bank fees apply. The Seller remains responsible for customer support even if payment claims are assigned to third parties.

5) Delivery and Shipping Conditions

5.1 Delivery is made to the address provided during checkout; for PayPal payments, the address on file with PayPal is used.
5.2 If delivery fails due to the Customer’s fault, the Customer bears the costs—except in case of a valid withdrawal. Return costs are governed by the withdrawal policy.
5.3 For business customers: risk transfers when goods are handed to the carrier. For consumers: risk transfers upon delivery, unless the Customer chose the carrier themselves without prior notice from the Seller.
5.4 The Seller may withdraw from the contract for reasons beyond its control (e.g. supplier non-availability), after making reasonable efforts to procure the goods. Any prepaid amounts will be refunded promptly.
5.5 Collection in person is not available.

6) Retention of Title

If the Seller provides performance before full payment, title to the goods remains with the Seller until full payment is received.

7) Warranty Liability

Unless otherwise stated, statutory warranty rules apply:
7.1 For entrepreneurs: Seller may choose remedy, warranty period is one year for new goods, no warranty for used goods, and replacement does not restart the warranty period.
7.2 These limitations do not apply to liability for damages, fraudulent concealment of defects, defects in building materials, or digital elements.
7.3 Statutory recourse claims remain unaffected.
7.4 Merchants must inspect goods and report defects under § 377 HGB; failure to do so is considered acceptance.
7.5 Consumers should report visible transport damage and inform the Seller.

8) Limitation of Liability

8.1 Unlimited liability for intent, gross negligence, bodily injury, statutory guarantees, or mandatory liability (e.g. product liability).
8.2 For other negligent breaches of essential contractual duties, liability is limited to typical, foreseeable damage. Essential duties are those that enable proper contract performance and on which customers rely.
8.3 Liability is otherwise excluded.
8.4 These provisions also apply to Seller’s agents and legal representatives.

9) Distribution and (Re‑)Export Ban to Russia

9.1 Business customers must not directly or indirectly export goods to Russia that are subject to Article 12g of EU Regulation 833/2014.
9.2–9.3 Customers must monitor their downstream supply chain to ensure compliance.
9.4–9.6 Breach constitutes a material contractual violation and may trigger contract termination and penalties; customers must inform the Seller and provide compliance documentation on request within two weeks.

10) Applicable Law

German law applies, excluding the UN Sales Convention. For consumers, mandatory consumer protection laws of their country remain applicable.

11) Jurisdiction

For merchants or public-law entities in Germany, the Seller’s registered office is the exclusive jurisdiction. For those located outside Germany but acting in a commercial capacity, the Seller’s location remains exclusive jurisdiction. However, the Seller may also bring action at the Customer’s location.

12) Code of Conduct

The Seller adheres to Google Customer Review policies (see the specified Google support page).

13) Alternative Dispute Resolution

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

© IT-Recht Kanzlei
Effective date: June 30, 2025, 15:36 CET