Terms & Conditions

for the online shop at

https://demons-driven.com/

operated by

Cedric Weber
Demons Driven
Schlesierstraße 5
86405 Meitingen
E-mail: contact@demonsdriven.com

- hereinafter: Provider -

 

1. Scope of Application

These Terms and Conditions apply, once incorporated, to all contracts concluded for the purchase of goods, services or other products (hereinafter: “Goods”) via the online shop at the above URL in the version valid at the time the contract is concluded. These Terms and Conditions apply exclusively. Deviating terms of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The product presentations in the online shop constitute a non-binding invitation by the Provider to visitors to submit an offer to purchase the Goods offered in the shop.

2.2 The order is placed via the Provider’s online order form. After selecting the desired Goods, entering all required information and completing all mandatory steps in the ordering process, the selected Goods can be ordered by clicking the order button at the end of the checkout page (“Order”). By placing the Order, the customer submits a binding offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs by (i) confirming the conclusion of the contract in writing or text form (e.g. by e-mail) and such confirmation reaching the customer, or (ii) delivering the ordered Goods and such Goods reaching the customer, or (iii) requesting payment from the customer (e.g. invoice or credit card payment in the ordering process) and such payment request reaching the customer. The decisive point in time for the conclusion of the contract is the time at which one of the alternatives mentioned first occurs for the first time.

2.3 Before submitting the binding Order, the customer can review and correct their entries at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the Order and can also be corrected there using the usual input functions.

2.4 The Provider will store the contract text after the conclusion of the contract and will transmit it to the customer in text form (e.g. by e-mail). The Provider will not provide the contract text for access beyond this.

2.5 The following languages are available for the conclusion of the contract: German, English.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for off-premises contracts and for distance selling contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the withdrawal instructions, which are made available to each consumer at the latest immediately before the conclusion of the contract.

In the event of a withdrawal and return, the Goods must be returned unworn, unused and undamaged, and in their original condition.

Goods that are classified as hygiene products are excluded from withdrawal and returns, in particular where a seal has been removed after delivery or where such goods are not suitable for return for reasons of health protection or hygiene.

The customer shall bear the direct costs of returning the Goods, unless otherwise stated by the Provider.

4. Payment, Default

4.1 The prices stated in the online shop at the time of the Order apply. All prices include statutory VAT and, where applicable, plus the shipping costs shown. The customer will be informed in the online shop about the available payment methods.

4.2 If payment by credit or debit card is agreed, the purchase price is due immediately upon conclusion of the contract.

4.3 If payment via “PayPal” is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.4 If “Sofortüberweisung” is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.

4.5 If “Apple Pay” is selected as the payment method, payment processing is carried out by Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately upon conclusion of the contract.

4.6 If “Google Pay” is selected as the payment method, payment processing is carried out by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately upon conclusion of the contract.

4.7 If payment with “American Express” is selected, payment processing is carried out by American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany. Payment is due immediately upon conclusion of the contract.

4.8 If “VISA” is selected as the payment method, payment processing is carried out by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately upon conclusion of the contract.

4.9 If “Klarna” is selected as the payment method, payment processing is carried out by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g. instalments, invoice). Payment is due immediately unless stated otherwise.

5. Retention of Title

The purchased Goods remain the property of the Provider until the purchase price has been paid in full.

6. Delivery, Worldwide Shipping and Pre-Orders

6.1 Unless otherwise agreed, delivery will be made within the delivery period stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Collection of the purchased Goods by the customer is excluded.

6.3 The Provider ships worldwide, unless otherwise stated in the respective product description, checkout information or shipping policy.

6.4 If an order contains pre-order items, these will be shipped once they become available. If a customer orders pre-order items together with items that are ready to ship, the Provider may ship the entire order together once the pre-order items are available, unless otherwise stated in the product description.

6.5 If the Provider cannot deliver the ordered Goods because it was not supplied by its own supplier through no fault of its own, despite having concluded a congruent hedging transaction with a reliable supplier in due time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Any consideration already provided will be refunded immediately. Mandatory consumer rights remain unaffected.

7. Warranty

The statutory warranty provisions apply.

8. Liability and Indemnification

8.1 The Provider shall be liable without limitation:

• for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the Provider or by its legal representatives or vicarious agents;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or by its legal representatives or vicarious agents;
• based on a guarantee, insofar as no deviating regulation has been made in this respect;
• based on mandatory liability (e.g. under the Product Liability Act).

8.2 In the event of a negligent breach of an essential contractual obligation, the Provider’s liability shall be limited to the foreseeable, contract-typical damage, unless liability is unlimited pursuant to the above paragraph. Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract and whose performance makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

8.3 Otherwise, liability of the Provider as well as liability of its vicarious agents and legal representatives is excluded.

8.4 The customer shall indemnify the Provider against any third-party claims, including the costs for legal defence in the statutory amount, which are asserted against the Provider due to unlawful or contractual conduct by the customer.

9. Data Protection

The Provider handles the personal data of its customers confidentially and in accordance with applicable data protection laws. For further details, please refer to the Provider’s Privacy Policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this choice of law does not lead to a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the courts at the Provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The registered office of the Provider can be found in the heading of these Terms and Conditions.

10.3 Should any provision of this contract be invalid or unenforceable or become invalid or unenforceable, the remaining provisions shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

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

Our e-mail address can be found in the heading of these Terms and Conditions.