Terms of service

Table of Contents
Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of prade design GmbH (hereinafter "Seller") apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

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

1.3 For the purposes of these GTC, an "entrepreneur" is a natural or legal person, or a partnership with legal capacity, that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

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 rather serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. By placing selected items into the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may 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)—in which case the time at which the order confirmation is received by the customer is decisive—or
by delivering the ordered goods to the customer—in which case the time at which the goods are received by the customer is decisive—or
by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when the first of these alternatives occurs. The period for accepting the offer begins on the day following the submission of the offer by the customer and ends at the end of the fifth day following the submission 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 If a payment method offered by PayPal is selected, payment processing is carried out 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 User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or—if the customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer chooses a payment method offered by PayPal during the online ordering process, the seller hereby declares their acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, they simultaneously issue a payment instruction to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares their acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process. 2.6 In the case of an order placed via the seller’s online order form, the contract text will be stored by the seller after the contract has been concluded and transmitted to the customer in text form (e.g., via email, fax, or letter) following the submission of their order. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller’s online shop prior to submitting their order,

the order data is archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login credentials.

2.7 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the content on the screen, can serve as an effective technical tool for better identifying such input errors. During the electronic ordering process, the customer may correct their entries using standard keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The contract may be concluded in various languages. The specific language options available are indicated in the online shop.

2.9 Order processing is generally carried out automatically via email. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s instructions on withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices provided are total prices, inclusive of statutory value-added tax (VAT). Any additional delivery or shipping costs are specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of funds by financial institutions (e.g., bank transfer fees, currency exchange fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also arise if the delivery is not made to a country outside the European Union, but the customer initiates the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller’s online shop.

4.4 If payment in advance via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, the payment is processed by PayPal, which may also engage third-party payment service providers to facilitate this. In cases where the seller offers payment methods via PayPal that involve the seller providing performance in advance (e.g., purchase on account or installment payments), the seller assigns their payment claim to PayPal or to a payment service provider commissioned by PayPal and specifically identified to the customer. Before accepting the seller's assignment declaration, PayPal—or the payment service provider commissioned by PayPal—will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal—or to a payment service provider commissioned by PayPal—with a debt-discharging effect. However, even in the event of an assignment of the receivable, the seller remains responsible for general customer inquiries, such as those regarding the goods, delivery times, shipping, returns, complaints, declarations of withdrawal (and the submission thereof), or credit notes.

4.6 If the "Sofortüberweisung" (instant bank transfer) payment method is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as "Klarna"). To pay the invoice amount via "Sofortüberweisung," the customer must have an online banking account enabled for this service, authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is then executed immediately by Klarna, and the customer's bank account is debited. Further information regarding the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the "Shopify Payments" service is selected, payment processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddin

gton Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Shopify may engage other payment services, which may be subject to their own specific payment terms—of which the customer will be notified separately, where applicable. Further information regarding “Shopify Payments” can be found online at https://www.shopify.com/legal/terms-payments/de.

4.8 If a payment method offered via the “Apple Pay” payment service is selected, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods offered via Apple Pay are communicated to the customer in the seller’s online shop. To process payments, Apple may engage other payment services, which may be subject to their own specific payment terms—of which the customer will be notified separately, where applicable. Further information regarding Apple Pay can be found online at https://www.apple.com/de/apple-pay/.

4.9 If a payment method offered via the “Google Pay” payment service is selected, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The specific payment methods offered via Google Pay are communicated to the customer in the seller’s online shop. To process payments, Google may engage other payment services, which may be subject to their own specific payment terms—of which the customer will be notified separately, where applicable. Further information regarding Google Pay can be found online at https://pay.google.com/intl/de_de/about/. 4.10 If the SEPA direct debit payment method is selected, the invoice amount becomes due following the issuance of a SEPA direct debit mandate, though not before the expiry of the pre-notification period. The direct debit will be processed when the ordered goods leave the seller’s warehouse, but again, not before the pre-notification period has expired. A "pre-notification" is any communication (e.g., an invoice, policy, or contract) from the seller to the customer that announces a charge via SEPA direct debit. If a direct debit is not honored due to insufficient funds or the provision of incorrect bank details, or if the customer contests the debit without being entitled to do so, the customer shall bear any fees incurred from the respective financial institution due to the reversal of the transaction, provided the customer is responsible for the issue. The seller reserves the right to conduct a credit check when the SEPA direct debit payment method is selected and may decline this payment method if the credit check yields a negative result.

5) Delivery and Shipping Terms

5.1 If the seller offers to ship the goods, delivery shall be made to the delivery address provided by the customer within the delivery area specified by the seller, unless otherwise agreed. For the purpose of processing the transaction, the delivery address provided during the seller’s order checkout process shall be authoritative.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear any reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. In the event that the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy regarding return shipping costs shall apply.

5.3 If the customer acts as a business entity (entrepreneur), the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the items over to the freight forwarder, carrier, or any other person or entity designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or to a person authorized to receive them. By way of exception, even in the case of a consumer, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the items over to the freight forwarder, carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned said freight forwarder, carrier, or other person or entity to perform the shipment, and the seller had not previously named this person or entity to the customer.

5.4 If the customer acts as a consumer based in Germany or as a business entity (entrepreneur), the seller reserves the right to withdraw from the contract in the event that the seller’s own supply of goods is incorrect or improper. However, this shall only apply in the event that the

...non-delivery is not attributable to the seller, and the seller has exercised due care in entering into a specific covering transaction with their own supplier. The seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately, and any consideration already paid shall be refunded without delay.

5.5 If the seller offers the goods for collection, the customer may collect the ordered items during the business hours specified by the seller at the address provided by the seller. In such cases, no shipping costs shall be charged.

6) Retention of Title

If the seller performs their contractual obligations in advance, they shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the provisions below, the statutory regulations regarding liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the customer is acting as a business entity (entrepreneur):

the seller shall have the right to choose the method of subsequent performance (remedy);
for new goods, the limitation period for claims based on defects shall be one year from the date of delivery;
for used goods, all claims based on defects are excluded;
the limitation period shall not recommence if a replacement delivery is made as part of the seller’s liability for defects. 7.2 The limitations of liability and the shortening of limitation periods set out above do not apply:

to claims for damages or reimbursement of expenses by the customer;
in cases where the seller has fraudulently concealed a defect;
to goods that have been used for a structure in accordance with their customary purpose and have caused said structure to be defective;
to any obligation the seller may have to provide updates for digital products in the context of contracts for the supply of goods with digital elements.

7.3 Furthermore, in the case of business customers (entrepreneurs), the statutory limitation periods for any potential statutory right of recourse remain unaffected.

7.4 If the customer is a merchant (*Kaufmann*) within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect the goods and notify the seller of any defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with these notification obligations, the goods shall be deemed accepted.

7.5 If the customer is a consumer, they are requested to report any delivered goods that show obvious transport damage to the carrier and to inform the seller accordingly. Failure to do so has no impact on the customer’s statutory or contractual claims regarding defects. 8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims—including those arising from tort—for damages or reimbursement of expenses, as follows:

8.1 The seller shall be liable without limitation on any legal grounds:

in the event of intent or gross negligence;
in the event of intentional or negligent injury to life, body, or health;
based on a guarantee, unless otherwise provided for in the terms of such guarantee;
based on mandatory statutory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the customer is a consumer based in Germany or a business entity (entrepreneur), the following limitations of liability shall apply:

If the seller negligently breaches a material contractual obligation, their liability shall be limited to the foreseeable damage typical for the contract, unless the seller is subject to unlimited liability pursuant to the preceding section. Material contractual obligations are those obligations that the contract imposes on the seller to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and upon the observance of which the customer may regularly rely. In all other respects, the seller’s liability is excluded, unless the seller is subject to unlimited liability pursuant to the preceding section.

8.3 The above provisions regarding liability also apply to the seller’s liability for their vicarious agents and legal representatives. 9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the seller free of charge as part of promotional campaigns—which have a specific validity period and cannot be purchased by the customer (hereinafter referred to as "promotional vouchers")—may only be redeemed in the seller's online shop and only within the specified time frame.

9.2 Certain products may be excluded from a voucher promotion if such a restriction is indicated in the terms of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. It is not possible to apply them retroactively.

9.4 Only one promotional voucher may be redeemed per order.

9.5 In cases where the promotional voucher refers to a specific monetary value rather than a percentage-based discount...

...applies, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

9.7 The balance of a promotional voucher cannot be paid out in cash, nor does it accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns goods that were paid for—in whole or in part—using the promotional voucher, in accordance with their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller may provide performance with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge, or is unaware due to gross negligence, that the respective holder is not entitled to the voucher, lacks legal capacity, or lacks the authority to act as a representative.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

11) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer’s place of business is located outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In such cases, however, the seller shall always be entitled to bring an action before a court at the customer’s place of business.

12) Alternative Dispute Resolution

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

As of: 19.10.2026, 07:52:05