Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Terms for Customising Goods to the Customer's Specifications
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions ("GTC") of Kevin Müller, trading as chincheckgermany ("Seller"), apply to all contracts for the supply of goods concluded between a consumer or business customer ("Customer") and the Seller in relation to goods displayed in the Seller's online shop. The Customer's own terms and conditions shall not form part of the contract unless otherwise agreed.

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

1.3 A business customer within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, acting in the course of its trade, business or profession when entering into a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller. They invite the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the cart by clicking the button that completes the order.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), with acceptance taking effect when the Customer receives the order confirmation, or
• by delivering the ordered goods to the Customer, with acceptance taking effect when the Customer receives the goods, or
• by requesting payment from the Customer after the Customer has submitted the order.

If more than one of these conditions is met, the contract is concluded when the first condition is met. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.

2.4 When an order is placed using the Seller's online order form, the Seller stores the text of the contract after the contract has been concluded and sends it to the Customer in text form, such as by email, fax or letter, after the Customer has submitted the order. The Seller does not provide any further access to the text of the contract.

2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 The contract may be concluded in German.

2.7 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct and can receive emails sent by the Seller.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal is provided in the Seller's withdrawal information.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. No VAT is charged because the Seller is exempt from VAT under the German small business scheme. Any additional delivery and shipping costs are stated separately in the relevant product description.

4.2 The available payment methods are displayed in the Seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered through PayPal is selected, payment is processed by PayPal, which may also use third-party payment service providers. If the Seller offers PayPal payment methods under which the Seller supplies the goods before receiving payment, such as purchase on account or payment by instalments, the Seller assigns the payment claim to PayPal or to the payment service provider engaged by PayPal and specifically identified to the Customer. Before accepting the assignment, PayPal or its payment service provider carries out a credit check using the Customer data transmitted to it. The Seller reserves the right to refuse the selected payment method if the credit check is unsuccessful. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed instalment intervals. In that case, the Customer can discharge the payment obligation only by paying PayPal or the payment service provider engaged by PayPal. Even after the claim has been assigned, the Seller remains responsible for general customer enquiries, including enquiries about the goods, delivery times, shipping, returns, complaints, notices of withdrawal and related returns, or credit notes.

4.5 If Sofortüberweisung (instant bank transfer) is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden ("Klarna"). To pay the invoice amount using Sofortüberweisung, the Customer must have an online banking account enabled for this service, authenticate their identity during payment and confirm the payment instruction. Klarna then executes the payment immediately and debits the Customer's bank account. Further information about Sofortüberweisung is available at https://www.klarna.com/sofort/.

4.6 If a payment method offered through Shopify Payments is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The payment methods offered through Shopify Payments are displayed in the Seller's online shop. Shopify may use other payment services to process payments. These may be subject to specific payment terms, of which the Customer will be notified separately where applicable. Further information about Shopify Payments is available at https://www.shopify.com/legal/terms-payments/de.

4.7 If a payment method offered through Apple Pay is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The payment methods offered through Apple Pay are displayed in the Seller's online shop. Apple may use other payment services to process payments. These may be subject to specific payment terms, of which the Customer will be notified separately where applicable. Further information about Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered through Google Pay is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The payment methods offered through Google Pay are displayed in the Seller's online shop. Google may use other payment services to process payments. These may be subject to specific payment terms, of which the Customer will be notified separately where applicable. Further information about Google Pay is available at https://pay.google.com/intl/de_de/about/.

4.9 If a payment method offered through VR Payment is selected, payment is processed by VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany ("VR Payment"). The payment methods offered through VR Payment are displayed in the Seller's online shop. VR Payment may use third-party payment service providers to process payments. These may be subject to specific payment terms, of which the Customer will be notified separately where applicable. Further information about VR Payment is available at https://www.vr-payment.de/produkte/e-commerce-payment.

4.10 If SEPA direct debit is selected, the invoice amount becomes due once a SEPA direct debit mandate has been issued, but not before the payment pre-notification period has expired. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the pre-notification period has expired. Pre-notification means any communication from the Seller to the Customer, such as an invoice, policy or contract, announcing a SEPA direct debit. If a direct debit is not honoured because of insufficient funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees charged by the relevant bank for reversing the payment, provided that the Customer is responsible for the circumstances concerned.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 Should the delivery of the goods fail for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of dispatch if the customer effectively exercises his right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the customer, the provision made in the seller's withdrawal information applies.

5.3 If the Customer is a business customer, the risk of accidental loss of or damage to the goods passes to the Customer as soon as the Seller hands the goods to the freight forwarder, carrier or other person or organisation designated to carry out the shipment. If the Customer is a consumer, this risk generally passes only when the goods are handed to the Customer or an authorised recipient. However, for consumers the risk also passes when the Seller hands the goods to the freight forwarder, carrier or other person or organisation designated to carry out the shipment if the Customer has engaged that person or organisation and the Seller had not previously identified it to the Customer.

5.4 If the Customer is a consumer based in Germany or a business customer, the Seller reserves the right to withdraw from the contract if its own supplier fails to deliver correctly or as agreed. This applies only if the Seller is not responsible for the failure to deliver and has, with due care, entered into a specific supply contract with the supplier to fulfil the Customer's order. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without undue delay and any payment made will be refunded without undue delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller supplies the goods before receiving payment, the Seller retains ownership of the goods until the purchase price has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer is a business customer,

• the Seller may choose the form of remedial performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 For business customers, the statutory limitation periods for any statutory right of recourse also remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are asked to report any obvious damage in transit to the delivery service and inform the Seller. Failure to do so does not affect the Customer's statutory or contractual rights in respect of defects.

8) Liability

The Seller's liability to the Customer for damages and reimbursement of expenses under contractual, quasi-contractual and statutory claims, including tort claims, is as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• under a guarantee, unless otherwise specified in that guarantee,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Customer is a consumer based in Germany or a business customer, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless its liability is unlimited under the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the contract to achieve its purpose, whose fulfilment is necessary for the proper performance of the contract and on whose observance the Customer may regularly rely. In all other cases, the Seller's liability is excluded unless its liability is unlimited under the preceding clause.

8.3 The foregoing liability provisions also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Special Terms for Customising Goods to the Customer's Specifications

9.1 If, in addition to supplying the goods, the Seller is required under the contract to customise them to the Customer's specifications, the Customer must provide all content needed for that work, such as text, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and grant the necessary rights to use it. The Customer is solely responsible for obtaining the content and the rights to it. The Customer declares and accepts responsibility for having the right to use the content supplied to the Seller. In particular, the Customer must ensure that its use does not infringe third-party rights, including copyright, trade mark rights and personality rights.

9.2 The Customer indemnifies the Seller against claims of third parties that they may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. The Customer also bears the necessary costs of legal defense, including all court and lawyer's fees in the statutory amount. This does not apply if the infringement is not attributable to the Customer. In the event of a claim by third parties, the Customer is obliged to provide the Seller with all information necessary for the examination of the claims and a defense immediately, truthfully and completely.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Applicable Law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

11) Alternative Dispute Resolution

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