General Terms and Conditions

§ 1 Scope, Definitions

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded via our online shop available at shop.powermints.com (hereinafter “Online Shop”) between us,

Powermints GmbH
Im Sundernkamp 7
D-32130 Enger

Phone: +49 (0) 5224 /9888-0
Fax: +49 (0) 05224 / 9888-99
Email: info@powermints.de

Managing Directors: Sandra Ruhkieck and Jannis Theileis
Commercial Register Local Court Bad Oeynhausen HRB 12318

VAT ID No. DE 815 246 238

(hereinafter “Provider” or “we”)

and you as our customer (hereinafter “Customer” or “you”), if you act as a consumer when concluding the contract.

(2) The Provider does not recognize any terms and conditions of the Customer that contradict or deviate from these GTC, unless we expressly agree to their validity. These GTC shall apply exclusively even if the Provider unconditionally carries out the delivery to the Customer with knowledge of conflicting or deviating terms and conditions of the Customer.

(3) The Customer is a consumer if they are a natural person who places orders for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

(4) Orders and deliveries are generally only possible for customers from the following countries to which we deliver:

Germany, Poland, Belgium, Denmark, France, Netherlands, Austria, Sweden, Italy, United Kingdom, Bulgaria, Estonia, Croatia, Latvia, Lithuania, Luxembourg, Malta, Romania, Slovakia, Slovenia, Czech Republic, Hungary, Ireland, Portugal, Spain, Finland.

§ 2 Conclusion of Contract in the Online Shop

(1) Our product descriptions and price information throughout the entire Online Shop (including the customer’s virtual shopping cart and the order form) are subject to change and non-binding. They represent an invitation to the Customer to submit a legally binding offer for the conclusion of a contract.

(2) The Customer submits a legally binding offer to purchase the goods currently in their virtual shopping cart by clicking the “Buy Now” button. We can accept this legally binding offer from the Customer within five working days of receipt.

(3) The Online Shop is configured such that the Customer can only click the “Order with obligation to pay” button and thereby submit their legally binding offer after having clicked the “Accept GTC” button, thereby acknowledging these GTC and incorporating them into their legally binding offer. Before the Customer clicks the “Order with obligation to pay” button, they can review, change, and correct any input errors in the data they have entered at any time.

(4) After receipt of the Customer’s legally binding offer by the Provider, the Customer will receive an automatic confirmation of receipt via email, which again lists the offer data and which the Customer can print using the “Print” function. This automatic confirmation of receipt does not constitute a legally binding declaration of acceptance by the Provider, by which the Provider accepts the Customer’s legally binding offer, but merely documents that the Customer’s legally binding offer has been received by the Provider. The dispatch and receipt of the automatic confirmation of receipt therefore do not constitute the conclusion of a contract.

(5) Subject to Section 6, we declare our legally binding acceptance of the Customer’s legally binding offer, by which a contract between the Provider and the Customer is concluded, in a separate email independent of the automatic confirmation of receipt according to § 2 (4). We may replace the legally binding declaration of acceptance by email by executing the order within five working days of its receipt.

(6) We are not obliged to accept offers from the Customer. In particular, we reserve the right not to accept offers if the Customer has filled out the order form incompletely or untruthfully, or has not reached the age of 18, or if the Customer’s order quantity exceeds household-typical quantities. Our right to contest legally binding declarations of acceptance, if applicable, according to statutory provisions, or to withdraw from a concluded contract with the Customer, remains unaffected.

§ 3 Delivery, Delay in Delivery

(1) The Provider shall not be in default if delivery delays are due to circumstances for which the Provider is not responsible, in particular due to non-delivery by suppliers, or due to force majeure (hereinafter “Obstruction”). In this case, the agreed delivery period shall be extended by the duration of the obstruction. If the obstruction lasts longer than three months, both the Provider and the Customer are entitled to withdraw from the contract with regard to the unfulfilled part, the Customer, however, only after having set the Provider a reasonable grace period.

§ 4 Retention of Title

(1) Ownership of the delivered goods remains with the Provider until full payment of the purchase price. The Customer is not entitled to dispose of, consume, process, or transform the goods subject to retention of title before the transfer of ownership.

(2) The Customer must store the delivered goods in a cool and dry place and handle them with care until full payment of the purchase price.

(3) The Customer must notify us immediately in writing if and to the extent that third parties gain access to the goods subject to retention of title.

(4) In the event of a breach of contract by the Customer, in particular non-payment of the due purchase price, we are entitled to withdraw from the contract in accordance with statutory provisions and to demand the return of the goods based on the retention of title.

§ 5 Prices and Shipping Costs

(1) Our prices include the respective valid statutory value-added tax and plus any applicable shipping costs.

(2) The respective shipping costs are displayed to the Customer in the Online Shop under [LINK] and are to be borne by the Customer. The price, including value-added tax and applicable shipping costs, is also displayed in the order form before you submit the order.

(3) You are not entitled to set off your claims against our demands, unless your counterclaims have been legally established or are undisputed. You are also entitled to set off your claims against our demands insofar as you assert claims for defects or counterclaims arising from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 6 Payment

(1) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within seven calendar days after the conclusion of the contract.

(2) The Customer must make payment in advance, unless otherwise expressly agreed.

(3) The Customer can make payment according to the payment methods provided in the Online Shop. We reserve the right not to accept certain payment methods for objective reasons. The Customer has no claim to a specific payment method.

§ 7 Liability

(1) The Provider is only liable for damages based on an intentional or grossly negligent breach of duty or on malice on the part of the Provider, its legal representatives, or its vicarious agents.

(2) Furthermore, the Provider is also liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such essential contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the customer may regularly rely (cardinal obligations). In this case, however, liability is limited to the foreseeable, typically occurring damage.

(3) Furthermore, the Provider is fully liable for damages to life, body, and health for which it is responsible, based on a negligent or intentional breach of duty. The Provider is also liable within the scope of any quality or durability guarantee it has given regarding the goods.

(4) Any further contractual or statutory liability of the Provider is – unless legally mandatory, for example, by the Product Liability Act – excluded regardless of the legal nature of the asserted claim.

(5) Insofar as the Provider’s liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives, and vicarious agents, as well as its liability for their conduct.

§ 8 Warranty

The Provider is liable for material defects or defects of title of delivered goods according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

§ 9 Right of Withdrawal

(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. If you have ordered several goods that are delivered separately within the framework of a single order, the withdrawal period begins on the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (Powermints GmbH, Im Sundernkamp 7, D-32130 Enger, Phone: +49 (0) 5224/9888 -0, Fax: +49 (0) 5224 / 9888 – 99, Email: info@powermints.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use our sample withdrawal form for this purpose, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no case will you incur any fees as a result of such reimbursement.

You must return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. Please return the goods to us, if possible, in their original packaging and with all packaging components.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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(2) The right of withdrawal is excluded for goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs. The right of withdrawal is also excluded for goods that can spoil quickly or whose expiry date would be quickly exceeded, as well as for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

(3) If you exercise your statutory right of withdrawal (see withdrawal instructions), you must bear the direct costs of returning the goods.

§ 10 Information on Data Processing

(1) We collect customer data in the context of contract processing. We observe the applicable data protection regulations. Without the customer’s consent, we will therefore only collect, process, or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship or for the use and billing of tele-services.

(2) Without the express consent of the Customer, we will not use the Customer’s data for advertising, market, or opinion research purposes in accordance with statutory provisions.

(3) The contract text is not stored by us and cannot be retrieved after the order process is completed. The Customer can print out their order data, including these GTC, before submitting their order and will receive an email after the order, in which the order data is listed again.

(4) Further information on data protection can be found in our Privacy Policy.

§ 11 Copyrights

We hold copyrights to all images, films, and texts published in our Online Shop. Any use of the images, films, and texts is not permitted without our express consent.

§ 12 Individualized Tin – My Design

Powermints GmbH is not liable for spelling errors, color errors, or other errors in the texts and designs used by the Customer, nor for their factual correctness.

§ 13 Out-of-court Dispute Resolution

(1) The European Commission has established a platform for online dispute resolution. You can access it at: https://ec.europa.eu/consumers/odr. Consumers can use the platform for resolving their disputes.

(2) The consumer arbitration board responsible for you is: General Consumer Arbitration Board of the Center for Arbitration e. V., Straßburger Str. 8, 77694 Kehl, Email: mail@verbraucher-schlichter.de, Phone: +49 7851 79579 40, Website: https://www.verbraucher-schlichter.de. To resolve disputes with you, we will participate in a dispute resolution procedure before this body.

§ 14 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are not based in Germany, the non-exclusive jurisdiction of the courts at the Provider’s registered office is agreed. This means that you can submit claims related to these terms of sale, arising from consumer protection norms, either in Germany or in the EU member state where you reside.

(2) The possible invalidity of individual provisions of these General Terms and Conditions does not affect the validity of their remaining provisions.