Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Prices and Payment Conditions
4. Delivery and Shipping Conditions
5. Granting of Usage Rights for Digital Content
6. Contract Duration and Termination for Subscription Contracts (Digital Content)
7. Force Majeure
8. Delay of Performance at Customer’s Request
9. Retention of Title
10. Liability for Defects / Warranty
11. Liability
12. Limitation Period
13. Retention, Assignment
14. Applicable Law, Place of Jurisdiction

1) Scope of Application

1.1
These General Terms and Conditions (hereinafter “GTC”) of 4TFM E-Commerce Agentur GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between an entrepreneur (hereinafter “Customer”) and the Seller with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.

1.2
These GTC also apply exclusively if the Seller, in knowledge of conflicting or deviating conditions of the Customer, performs the delivery to the Customer without special reservation.

1.3
For contracts for the provision of digital content, these GTC apply accordingly unless expressly regulated otherwise.

1.4
An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

1.5
The subject matter of the contract may – depending on the Seller’s content description – be either the one-time provision of digital content or the regular provision of digital content (hereinafter “Subscription Contract”). In a Subscription Contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1
The product descriptions displayed in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2
The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services into the virtual shopping cart and having completed the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services in the shopping cart by clicking the button that completes the order 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 email), whereby the receipt of the order confirmation by the Customer is decisive, or

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

• requesting payment from the Customer after the Customer has placed the order, or

• if payment by direct debit is offered and the Customer chooses this payment method, by debiting the total price from the Customer’s bank account, whereby the point in time at which the Customer's account is debited is decisive.

If several of the above alternatives apply, 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 offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, with the consequence 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 takes place 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 for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the order process.

2.5
When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. by email, fax or letter) after the Customer has sent their order. Beyond that, the Seller does not make the contract text accessible. If the Customer has created a user account in the Seller’s online shop before sending 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 using the appropriate login data.

2.6
Before submitting the binding order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better detecting input errors can be the zoom function of the browser, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.7
Only the German language is available for concluding the contract.

2.8
Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

2.9
If the parties have agreed on special conditions, these generally do not apply to simultaneously existing and future contractual relationships with the Customer.

2.10
In the event of the Customer’s economic inability to fulfil their obligations to the Seller, the Seller may terminate existing reciprocal contracts with immediate effect. This also applies in the event of an insolvency application by the Customer. Section 321 BGB and § 112 InsO remain unaffected. The Customer must inform the Seller in writing at an early stage of any impending insolvency.

3) Prices and Payment Conditions

3.1
If a payment method offered via “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 respective payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. For processing payments, Stripe may use additional payment services for which separate payment conditions may apply. The Customer will be informed of these separately, where applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de .

3.2
Unless otherwise stated in the Seller’s product description, the prices indicated are net prices and apply in addition to the statutory VAT. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties and charges may be charged separately.

3.3
For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the Seller’s responsibility and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs). Such costs may also arise in relation to money transfers even if the delivery does not take place to a country outside the EU but the Customer pays from a country outside the EU.

3.4
Various payment options are available to the Customer and are indicated in the Seller’s online shop.

3.5
If advance payment by bank transfer is agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

3.6
A payment is deemed received as soon as the equivalent value has been credited to one of the Seller’s accounts. In the event of payment default, the Seller is entitled to default interest of 10 percentage points above the applicable base interest rate. The Seller’s other statutory rights in the event of payment default remain unaffected. If claims are overdue, payments received will first be offset against any costs and interest, then against the oldest claim.

3.7
If unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases by suppliers), the Seller is entitled to pass the price increase on to the Customer. However, this only applies if delivery is to take place more than four months after the conclusion of the contract as agreed.

4) Delivery and Shipping Conditions

4.1
Delivery of goods is carried out by shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address provided by the Customer during order processing is decisive.

4.2
The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer. In the event of permissible partial deliveries, the Seller is also entitled to issue partial invoices.

4.3
The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any counter-performance will be refunded without delay.

4.4
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 carrier, freight forwarder or other person or institution designated to execute the shipment. This also applies if the Seller bears the transport costs. Transport insurance is provided only at the Customer’s express request and at their expense.

4.5
If shipment of the goods to the Customer is delayed for reasons attributable to the Customer, the risk passes to the Customer upon notification of shipping readiness. Any storage costs incurred after transfer of risk must be borne by the Customer.

4.6
Self-collection is not possible for logistical reasons.

4.7
Digital content will be provided to the Customer exclusively in electronic form as follows:

• by email

5) Granting of Usage Rights for Digital Content

5.1
Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive, geographically and temporally unrestricted right to use the provided content for business purposes.

5.2
Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to transferring the license to a third party.

5.3
The granting of rights becomes effective only when the Customer has paid the owed remuneration in full. The Seller may allow use of the contractual content on a provisional basis before this point. No transfer of rights occurs through such provisional permission.

6) Contract Duration and Termination for Subscription Contracts (Digital Content)

6.1
The contract is concluded for an indefinite period but for at least one year (minimum term). During the minimum term, the contract may be terminated with three months’ notice to the end of the minimum term. If the contract is not terminated in due time, it is extended by one further year and can again be terminated with three months’ notice to the end of the respective contract term.

6.2
The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case and balancing both parties’ interests, continuation of the contractual relationship until the agreed termination or the end of the notice period cannot reasonably be expected.

6.3
Termination must be made in writing or in text form (e.g. by email).

7) Force Majeure

In the event of force majeure affecting contract performance, the Seller is entitled to postpone delivery for the duration of the hindrance and, in case of prolonged delays, to withdraw from the contract in whole or in part without any claims arising against the Seller. Force majeure includes all unforeseeable events for the Seller or events which – even if foreseeable – lie outside the Seller’s control and whose effects on contract performance cannot be prevented by reasonable efforts. Any statutory rights of the Customer remain unaffected.

8) Delay of Performance at Customer’s Request

If shipment or delivery of the goods is delayed at the Customer’s request by more than one month after notification of shipping readiness, the Customer may be charged a storage fee of 0.5% of the purchase price for each additional commenced month, but not exceeding a total of 5% of the purchase price. Proof of a higher or lower damage remains permitted for either party.

9) Retention of Title

9.1
The Seller retains ownership of the delivered goods until full payment of the purchase price. Furthermore, the Seller retains ownership of the delivered goods until all claims from the business relationship with the Customer have been fulfilled.

9.2
If the delivered goods are processed, the Seller is deemed the manufacturer and acquires ownership of the newly created goods. If processing takes place together with other materials, the Seller acquires ownership in proportion to the invoiced value of its goods relative to the other materials. If, in the case of combination or mixing of the Seller’s goods with a Customer’s item, the Customer’s item is regarded as the principal item, co-ownership passes to the Seller in proportion to the invoiced value of the Seller’s goods to the invoiced value or – absent such – to the market value of the principal item. In these cases, the Customer acts as custodian.

9.3
Items subject to retention of title may neither be pledged nor assigned as security by the Customer. The Customer is only permitted to resell such goods in the ordinary course of business as a reseller and only under the condition that the Customer’s claims against their buyers arising from the resale are effectively assigned to the Seller and the Customer transfers ownership to their buyer subject to payment. By concluding the contract, the Customer assigns their claims arising from such sales to the Seller as security, and the Seller accepts this assignment at the same time.

9.4
The Customer must immediately inform the Seller of any access to the goods owned or co-owned by the Seller or to the assigned claims. The Customer must immediately forward amounts collected from such assigned claims to the Seller insofar as the Seller’s claim is due.

9.5
If the value of the Seller’s security rights exceeds the amount of the secured claims by more than 10%, the Seller shall release a corresponding portion of the security rights at the Customer’s request.

10) Liability for Defects / Warranty

If the purchased item is defective, the statutory provisions on defect liability apply. Deviating from this:

10.1
Defect claims do not arise in the case of natural wear and tear or damages occurring after the transfer of risk due to improper or negligent treatment, excessive strain, unsuitable operating materials or due to special external influences not assumed under the contract. If improper modifications or repair work are carried out by the Customer or third parties, no defect claims exist for these or resulting consequences unless the Customer can prove that the reported defect was not caused by these modifications or repair work.

10.2
For new goods, the limitation period for defect rights is one year from delivery of the goods. For used goods, defect rights are excluded.

10.3
The above limitations of liability and shortened limitation periods do not apply:

• to items used in accordance with their usual purpose for a building and causing its defectiveness,

• to claims for damages and reimbursement of expenses by the Customer,

• if the Seller has fraudulently concealed the defect, and

• to recourse claims under § 445a BGB.

10.4
In the event of supplementary performance, the Seller has the right to choose between repair or replacement delivery.

10.5
If replacement delivery takes place within the framework of defect liability, the limitation period does not restart.

10.6
If subsequent performance takes place by replacement delivery, the Customer is obliged to return the initially delivered goods to the Seller within 30 days. The return package must contain the reason for return, the Customer’s name and the number assigned to the purchase of the defective goods, enabling the Seller to assign the returned goods. As long as and insofar as the assignment of the return is not possible for reasons attributable to the Customer, the Seller is not obliged to accept the returned goods or to refund the purchase price. The Customer bears the costs of renewed shipment.

10.7
If the Seller delivers a defect-free item for the purpose of supplementary performance, the Seller may claim compensation for use according to § 346 (1) BGB. Other statutory claims remain unaffected.

10.8
If the Customer acts as a merchant within the meaning of § 1 HGB, they must comply with the commercial duty of inspection and notification under § 377 HGB. If the Customer fails to observe these duties, the goods are deemed approved.

11) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

11.1
The Seller is liable without limitation on any legal grounds:

• in cases of intent or gross negligence,

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

• on the basis of a guarantee promise, unless otherwise regulated,

• due to mandatory liability, such as under the Product Liability Act.

11.2
If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable, typical contractual damage unless unlimited liability applies under the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the content of the contract to achieve the contract purpose, the fulfilment of which makes proper execution of the contract possible in the first place, and on compliance with which the Customer regularly relies.

11.3
Otherwise, the Seller’s liability is excluded.

11.4
The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

12) Limitation Period

Claims of the Customer against the Seller expire – except for those regulated under "Liability for Defects / Warranty" – within one year from knowledge of the facts giving rise to the claim, but no later than five years after performance of the service, unless unlimited liability applies according to the above clauses.

13) Retention, Assignment

13.1
Rights of retention and rights to refuse performance by the Customer are excluded unless the Seller does not dispute the underlying counterclaims or these have been legally established.

13.2
Assignment of claims arising from the contract concluded with the Customer – in particular assignment of possible defect claims – is excluded.

14) Applicable Law, Place of Jurisdiction

14.1
All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws on international sale of movable goods.

14.2
If the Customer is a merchant, a legal person under public law or a special fund under public law with a registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business.
If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract relate to the Customer’s professional or commercial activity.
In the above cases, however, the Seller is always entitled to bring an action before the court at the Customer’s place of business.

Status: 26.11.2025, 11:48:12 CET