Diztree

§ 1 Scope & Seller

(1) These Terms and Conditions apply to all orders placed through the online shop at [shop domain] between the seller

Diztree
Owner: Benjamin Klügel
Achtern Diek 7
25436 Uetersen
Germany
Email: support@diztree.com

and the customer.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity (§ 13 BGB).

(3) The Terms and Conditions in effect at the time of the order apply.

§ 2 Conclusion of Contract

(1) The presentation of products in the shop does not constitute a binding offer, but an invitation to place an order.

(2) By clicking the order button ("order with obligation to pay" or similar), the customer submits a binding offer to purchase the products contained in the shopping cart.

(3) The seller confirms receipt of the order without undue delay by email (order receipt confirmation). This confirmation does not yet constitute acceptance, unless it simultaneously declares acceptance. The contract is concluded upon the declaration of acceptance, the provision of the goods/the download, or shipment.

(4) The contract text is stored; the order details are transmitted to the customer by email.

§ 3 Prices & Shipping Costs

(1) The stated prices are final prices (gross prices) and include statutory value-added tax. The amount of the included value-added tax is determined based on the customer's location via our payment service provider Stripe (Stripe Tax) and is shown during the ordering process.

(2) For physical products, additional shipping costs may apply, which are shown separately before the order is completed.

(3) For digital products (e.g. music downloads), no shipping costs apply.

§ 4 Payment

(1) Payment is made using the payment methods offered during the ordering process. Processing is handled via the payment service provider Stripe.

(2) The purchase price is due for payment upon conclusion of the contract, unless otherwise agreed.

§ 5 Delivery & Availability

(1) Digital products (e.g. music downloads) are made available after successful payment (download or access in the customer account).

(2) Physical products (merchandise) are produced and shipped using the print-on-demand process via the service provider Shirtigo GmbH. The delivery time is stated in the shop or in the order confirmation; it may vary due to the individual production. Deliveries are made to the address specified by the customer.

(3) If a product is not available, the customer will be informed; in this case, payments already made will be refunded without undue delay.

§ 6 Retention of Title

For physical products, the goods remain the property of the seller until full payment has been made.

§ 7 Right of Withdrawal for Consumers

(1) Consumers have a statutory right of withdrawal in accordance with the separate withdrawal instructions (available in the shop under "Right of Withdrawal").

(2) Exceptions / early expiry:

a) For contracts for the supply of digital content (e.g. music downloads) that is not supplied on a tangible medium, the right of withdrawal expires if the seller has begun performance after the customer (i) has expressly consented to performance beginning before the expiry of the withdrawal period, and (ii) has confirmed their awareness that by giving this consent they lose their right of withdrawal (§ 356(5) BGB).

b) The right of withdrawal does not exist for goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to personal needs (§ 312g(2) No. 1 BGB). This may apply to individually/made-to-order print-on-demand items. [Please have a lawyer check whether and for which merch items this exception applies.]

(3) For physical products not covered by the exceptions, the right of withdrawal applies without restriction in accordance with the withdrawal instructions.

§ 8 Liability for Defects (Warranty)

The statutory rights regarding liability for defects apply. The statutory limitation period applies to consumers. For digital products, the special provisions of §§ 327 et seq. BGB apply (including update/provision obligations, where applicable).

§ 9 Liability

(1) The seller is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.

(2) In the case of simple negligence, the seller is liable only for the breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract.

(3) Otherwise, liability is excluded.

§ 10 Dispute Resolution

The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 11 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the customer has their habitual residence remain unaffected.

(2) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.