Terms of service

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Certain Customer Specifications
Applicable Law
Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Eduard Werner, trading under "Eduard Werner" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
* by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
* by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
* by requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry 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 shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the Conditions for Payments Without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
2.5 When ordering via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after their order has been sent. The contract text is not made accessible by the Seller beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before binding submission of the 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 identification of input errors can be the zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. VAT is not charged because the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When selecting a payment method offered via the payment service "PayPal", payment processing takes place via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Insofar as the Seller also offers payment methods via PayPal where he provides advance performance to the Customer (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative test result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns or credit notes.
4.5 When selecting a payment method offered via the payment service "Shopify Payments", payment processing takes place through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the Customer may be pointed out separately. Further information on "Shopify Payments" can be accessed on the internet at https://www.shopify.com/legal/terms-payments/de.
4.6 When selecting a payment method offered via the payment service "Apple Pay", payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. To process payments, Apple may use other payment services for which special payment conditions may apply, to which the Customer may be pointed out separately. Further information on Apple Pay can be accessed on the internet at https://www.apple.com/de/apple-pay/.
4.7 When selecting a payment method offered via the payment service "Google Pay", payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. To process payments, Google may use other payment services for which special payment conditions may apply, to which the Customer may be pointed out separately. Further information on Google Pay can be accessed on the internet at https://pay.google.com/intl/de_de/about/.
4.8 When selecting a payment method offered via the payment service "Klarna", payment processing takes place via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Detailed information and Klarna's conditions for this can be viewed here: https://werner-laser-studio.com/pages/zahlungsarten

5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipping of the goods, delivery takes place 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. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails 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 for the initial shipping if the Customer effectively exercises their right of withdrawal. For the return costs, if the right of withdrawal is effectively exercised by the Customer, the regulation made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental destruction and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipping. If the Customer acts as a consumer, the risk of accidental destruction and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental destruction and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipping, if the Customer commissions the forwarder, the carrier or the person or institution otherwise designated to carry out the shipping and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Customer pickup is not possible for logistical reasons.

6) Retention of Title
If the Seller provides advance performance, he retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)
Unless otherwise stated in the following regulations, 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 acts as an entrepreneur,
* the Seller has the choice of the type of supplementary performance;
* for new goods, the limitation period for defect rights is one year from delivery of the goods;
* for used goods, the defect rights are excluded;
* the limitation period does not start anew if a replacement delivery is made within the framework of liability for defects.

7.2 The limitation of liability and shortening of periods regulated above do not apply
* to claims for damages and reimbursement of expenses by the Customer,
* in the event that the Seller has fraudulently concealed the defect,
* for goods that have been used for a structure in accordance with their usual style of use and have caused its defectiveness,
* for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse 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 of examination and notification pursuant to Section 377 HGB. If the Customer omits the notification duties regulated there, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer does not comply with this, it has no effect on his statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation under any legal theory
* in the case of intent or gross negligence,
* in the case of intentional or negligent injury to life, body or health,
* on the basis of a guarantee promise, unless otherwise regulated in this respect,
* on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless liability is unlimited in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 In all other respects, any liability of the Seller is excluded.
8.4 The above liability regulations also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Certain Customer Specifications
9.1 If, according to the content of the contract, the Seller owes the processing of the goods according to certain customer specifications in addition to the delivery of goods, the Customer must provide the Seller with all content required for the processing, such as text, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant him the necessary usage rights for this purpose. The Customer alone is responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he ensures that no rights of third parties are violated hereby, in particular copyrights, trademark rights and personal rights.
9.2 The Customer indemnifies the Seller from claims of third parties which they can assert against the Seller in connection with a violation of their rights through the contractually compliant use of the Customer's content by the Seller. In this context, the Customer also assumes the necessary costs of legal defense, including all court and lawyer costs in the statutory amount. This does not apply if the Customer is not responsible for the violation of rights. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

10) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

GTC by IT-Recht Kanzlei | As of: 11.07.2026, 05:10:58