Terms of service

Table of Contents

1. Scope of Application

2. Conclusion of the Contract

3. Right of Withdrawal

4. Prices and Payment Conditions

5. Shipment and Delivery Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Redemption of Gift Vouchers

10. Applicable Law

11. Place of Jurisdiction

12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of MW Development & Design GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless explicitly regulated otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a business partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the 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, or

• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at 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 If a payment method offered by PayPal is selected, payment processing is carried out by 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, viewable at https://www.paypal.com or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, viewable at the respective PayPal legal URL. If the Customer pays by means of a payment method offered by PayPal selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button concluding the ordering process.

2.5 When placing an order via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the text of the contract accessible beyond this.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until clicking the button that concludes the ordering process.

2.7 Various 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 for order processing is accurate, 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 with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further 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 that include statutory value-added tax (VAT). Any additional delivery and shipping costs will be stated 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 a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by 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 will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use further payment services for which special payment conditions may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments.

5) Shipment and Delivery Conditions

5.1 If the Seller offers the shipment of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing 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 with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the Seller's cancellation policy applies if the right of withdrawal is effectively exercised by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss 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 shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss 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 shipment, if the Customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment 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-supply. This applies only in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 Collection by the Customer (self-pickup) is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by email

6) Retention of Title

If the Seller makes advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise resulting from the following regulations, the statutory provisions on liability for defects shall 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 subsequent performance (rectification or replacement);

• for new goods, the limitation period for defects is one year from delivery of the goods;

• for used goods, rights and claims for defects are excluded;

• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations 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 building structure in accordance with their customary use and have caused its defectiveness,

• to 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 Furthermore, 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), they are subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification duties regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their 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 on any legal ground:

• in the event of intent or gross negligence,

• in the event of intentional or negligent injury to life, body, or health,

• on the basis of a warranty promise, unless otherwise regulated in this respect,

• on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, 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, liability of the Seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiration date.

9.3 Gift Vouchers can only be redeemed before the conclusion of the ordering process. Subsequent offsetting is not possible.

9.4 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.5 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.6 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.

9.7 The Gift Voucher is intended only for use by the person named on it. A transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international sale of movable goods (CISG). For 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) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.

12) Alternative Dispute Resolution

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

As of: 27.06.2026, 03:13:42