1) Scope
1.1. These General Terms and Conditions (GTC) of Cultnic Ventures UG apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the seller concerning the goods presented by the seller in its online store. The inclusion of the customer's own terms is expressly rejected unless otherwise agreed.
1.2. A consumer, as defined in these GTC, is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur, as defined in these GTC, is a natural or legal person or a legally capable partnership that acts in the course of its commercial or independent professional activity when concluding a legal transaction.
1.3. The subject of the contract may be either the purchase of goods as a one-time delivery or as a recurring subscription (subscription contract). In a subscription contract, the seller agrees to provide and deliver the contracted goods at agreed time intervals for the agreed contractual period.
2) Contract Conclusion
2.1. The product descriptions in the seller’s online store do not constitute binding offers but serve as an invitation for the customer to submit a binding offer.
2.2. The customer can submit an offer via the online order form integrated into the seller’s online store. By completing the order process and clicking the final confirmation button, the customer makes a legally binding offer for the goods in their shopping cart.
2.3. The seller may accept the customer’s offer within five days by:
- Sending a written order confirmation in text form (e.g., via fax or email), in which case the receipt of the confirmation by the customer is decisive,
- Delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- Requesting payment from the customer after they have placed the order.
If multiple of the above alternatives apply, the contract is concluded at the moment the first of these alternatives occurs. The acceptance period starts on the day after the offer is sent by the customer and ends after five days. If the seller does not accept the offer within this period, the customer is no longer bound to their offer.
2.4. After concluding the contract, the seller stores the contract text and sends it to the customer in text form via email, fax, or letter. If the customer has created a user account before submitting their order, they can access their order details via their password-protected account.
2.5. Before submitting a binding order, the customer can identify and correct any input errors by carefully reviewing the displayed order details and using standard keyboard and mouse functions to make corrections.
2.6. The contract can be concluded in German or English.
2.7. Order processing is automated. The customer must ensure that the email address provided is correct so that emails from the seller can be received. The customer is responsible for ensuring that spam filters do not block emails from the seller or third parties involved in order processing.
3) Right of Withdrawal
3.1. Consumers generally have a statutory right of withdrawal.
3.2. Detailed information regarding the right of withdrawal can be found in the seller’s withdrawal policy.
3.3. The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of an EU member state and whose sole residence and delivery address is outside the EU.
4) Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory VAT.
4.2. In addition to the stated prices, the seller charges shipping costs. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
4.3. For deliveries outside the European Union, additional costs may arise that the seller is not responsible for, such as banking fees (e.g., transfer fees, currency exchange fees) or customs duties/taxes. Such costs may also apply if payment is made from outside the EU, even if the delivery is within the EU.
5) Delivery and Shipping Conditions
5.1. Delivery is made to the shipping address specified by the customer unless otherwise agreed. The shipping address provided during checkout is decisive.
5.2. If the delivery fails due to reasons attributable to the customer, they must bear the reasonable costs incurred. This does not apply to return shipping costs in cases where the customer validly exercises their right of withdrawal.
5.3. Self-collection of goods is not possible due to logistical reasons.
6) Contract Duration and Termination for Subscription Contracts
6.1. Subscription contracts are concluded for a fixed period as stated in the product description and end automatically after this period.
6.2. The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all circumstances and weighing both parties' interests, the terminating party cannot reasonably be expected to continue the contract until the agreed termination or notice period.
6.3. Cancellations must be made in writing, e.g., via email or fax.
7) Retention of Ownership
7.1. If the seller provides advance delivery, ownership of the delivered goods remains with the seller until full payment has been received.
8) Warranty and Liability for Defects
8.1. If the purchased goods are defective, the statutory warranty rights apply.
8.2. For used goods, defect claims expire one year after delivery unless the defect was fraudulently concealed by the seller.
8.3. The customer is encouraged to report obvious transport damages to the carrier and notify the seller. Failure to do so does not affect the customer’s legal or contractual claims for defects.
9) Redemption of Promotional Vouchers
9.1. Vouchers issued free of charge by the seller as part of promotional campaigns are redeemable only in the online store and within the specified period.
9.2. Promotional vouchers can only be redeemed by consumers.
9.3. Certain products may be excluded from voucher promotions.
9.4. Vouchers must be redeemed before completing the order process. Retroactive redemption is not possible.
9.5. Only one voucher can be used per order.
9.6. The total order value must be at least equal to the voucher value. Any remaining balance is not refunded.
9.7. If the voucher value is insufficient to cover the order, the customer must use another accepted payment method for the difference.
9.8. Vouchers cannot be exchanged for cash.
9.9. If the customer returns goods purchased with a promotional voucher, the voucher is not refunded.
9.10. Vouchers are non-transferable.
10) Applicable Law
10.1. The legal relationship between the parties is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2. This choice of law does not apply to consumers who, at the time of contract conclusion, are not residents of an EU member state and whose sole residence and delivery address is outside the EU.
11) Data Protection
11.1. The seller processes personal data in accordance with legal regulations.
11.2. The personal data provided during the order process (e.g., name, email address, address, payment details) is used solely for contract fulfillment and processing. Data is kept confidential and not shared with third parties unless they are involved in the ordering, delivery, or payment process.
11.3. Customers have the right to request free information about their stored personal data and to request correction, blocking, or deletion unless legal retention obligations prevent this.
11.4. Further details are available in the seller's privacy policy.
12) Final Provisions
12.1. If the customer is a business entity, the place of jurisdiction and fulfillment is the seller’s registered office.
12.2. The contract language is German.
12.3. Online dispute resolution platform: http://ec.europa.eu/consumers/odr/. The seller is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.