General terms and conditions of business
§ 1 Definitions
(1) BesD e.V. (on behalf of the owner of Rihard Fan Shop), Köpenicker Straße 187/188 10997 Berlin, Germany (hereinafter referred to as “we”, “seller”, or “Rihard Fan Shop”) providing an online shop for goods, digital goods, and services under the website https://yourtwinklover.shop. The following General Terms and Conditions apply to all services between us and our customers (hereinafter referred to as “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions of business is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership equipped with the ability to acquire rights and enter into obligations.
§ 2 Scope
(2) Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
(3) When ordering services that are delivered to you online, via in-person video or phone call, you hereby agree also with my Online Service Terms. You can read these terms by clicking here. My Online Service Terms do not replace the current document.
§ 3 User account
(1) To purchase goods in my Online Shop, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.
(2) Registration of User accounts on my Online Shop is subject to the conditions outlined below. By registering, Users agree to meet such conditions:
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account.
- Unless explicitly permitted, a User account may not be shared with other persons.
(3) By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform me via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
(4) Users are responsible for keeping their login credentials confidential and safe.
(5) I reserve the right, at my sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive, or in violation of these Terms.
(6) The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
(7) The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
§ 4 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://yourtwinklover.shop.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods, the digital goods, the selected service(s),
- Adding the products by clicking the appropriate button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Check the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Input/check of address and contact data, selection of payment method, confirmation of the general terms and conditions and cancellation policy,
- Completion of the order by pressing the button “Buy Now”. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the e-mail address provided.
(4) In case of the conclusion of the contract, the contract is concluded with Rihard Fan Shop, represented by BesD e.V., Köpenicker Straße 187/188 10997 Berlin, Germany.
(5) Before placing an order, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC, and the revocation instruction, is carried out by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 5 Subject matter of the contract and essential characteristics of the products
(1) With our online shop is subject matter of the contract:
- The sale of goods. You can see the concrete offered goods on our article pages.
- The sale of digital goods such as software or media downloads. You can find the concrete digital goods on offer on our article pages.
- The provision of services. The concrete services offered can be found on our article pages.
(2) The essential characteristics of the goods, digital goods and services can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 6 Prices, shipping costs, and delivery
(1) If the products in the online shop are indicated as being ‘In Stock’, We ship the products -subject to Your order being accepted- following receipt of the order and after payment is received, within 1 to 3 days. The delivery time depends on the destination and the duration of potential customs clearance as well as the order nature. You can check the status of Your delivery at any time by accessing the tracking information contained in the delivery confirmation.
(2) For shipping delays which You or a third party (for example, a logistics partner) are responsible for, or for cases caused by force majeure, We accept no liability. Should the delivery be delayed by more than 30 days following the conclusion of the contract, You are entitled to withdraw from the contract. You can cancel the contract by informing us by E-Mail at [email protected].
(3) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(4) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, payment claims are due for payment immediately.
(5) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown as free of shipping costs. The shipping costs will be clearly indicated again on the offers, in the shopping cart system if applicable and on the order overview.
(6) All offered products are, unless clearly stated otherwise in the product description, immediately ready for shipment (delivery time: Europe (EU) after receipt of payment).
(7) The following supply area restrictions exist: The delivery is made to the following countries: Germany.
§ 7 Offers and discounts
(1) I may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section on my Online Shop.
(2) Offers and discounts are always granted at my sole discretion.
(3) Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
(4) Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of me, as indicated at my location details in this document, unless otherwise specified.
(5) Offers or discounts can be based on Coupons.
(6) If breach of the conditions applicable to Coupons occurs, I can legitimately refuse to fulfill my contractual obligations and expressly reserves the right to take appropriate legal action to protect my rights and interests.
(7) Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
(8) Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
§8 Methods of payment
(1) Information related to accepted payment methods are made available during the purchasing process.
(2) Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section on my Online Shop.
(4) Other payment methods – if any – are independently provided by third-party services. In such cases my Online Shop collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
(5) If payment through the available methods fail, I shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
§ 9 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 10 Right of revocation
As a consumer you have a right of withdrawal. This depends on our cancellation policy.
§ 11 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the case of slight negligence in the event of injury to life, body, or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached a material contractual obligation, liability for property damage and financial losses attributable to this shall be limited to the foreseeable damage typical of the contract. A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed performance, which is described in § 3.
§ 12 Contract language
English is the sole contractual language.
§ 13 Warranty
(1) The warranty is based on the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item(s) or the digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
(4) You understand that any fetish items, as described herein under the category “Fetish”, have been pre-owned and used by the Seller. As such, they may not be in perfect condition, though we will endeavor to accurately describe the condition of all goods on the site. If the goods are not as described on the site or have a fault not described and you wish to return them, you must contact us immediately but not later than 7 days from the date on which you purchase them from us.
(5) All warranty claims are void or excluded in cases such as:
- damage to the product resulting from normal wear and tear and aging;
- damage to the product due to improper use or failure to comply with the product’s instructions, in the event that You are not able to prove that this improper use was as a result of erroneous instructions;
- damage to the product resulting from repair or other interference which was not carried out by us or by this authorized third party;
- in the case of visible defects that were not reported in writing to us within the seven-day deadline.
(6) For smooth processing of warranty claims, please contact us at [email protected]. We will send You a return application form. To process the warranty claims, the product(s) must be returned. If the returned products show no recognizable defect or if the defect falls under the aforementioned warranty disclaimers, then You bear the costs of the return shipment. In the event of defects, we will reimburse the return shipping costs to You up to the value of standard economical delivery.
(7) Without limiting the foregoing, You will have no further claim for warranty for defects in the products. In particular, any compensation claims for indirect or consequential damages are ruled out.
(8) In any case further or deviating, the statutory mandatory warranty or liability claims shall remain reserved.
§ 14 Final Provisions / Dispute Settlement
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.
My e-mail address can be found above in the site notice. I am not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: April 14, 2021