Terms and Conditions

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider. (André-Sebastian Gill) via the website www.darksideapparel.shop Close. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods. .

(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase  Items are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" button or "Proceed to order" (or similar designation) After entering your personal data and payment and shipping conditions, the order details will be displayed to you as an order summary.

If you select an instant payment system as your payment method (z.B. If you use PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy"/"buy now", "order with obligation to pay", "pay"/"pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.

(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular, that it is not prevented by spam filters.

§ 3 Custom-designed goods

(1) You must provide us with the necessary information, texts, or files for the individual customization of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.

(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection.

(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.

§ 4 Special agreements regarding offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

  • Direct debit ("Pay Now")
  • credit card ("Pay Now")
  • Instant bank transfer ("Pay Now")

The use of payment methods such as invoice, installment payment, and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna for address and credit verification as part of the purchase initiation and processing of the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) Payment via "PayPal"/"PayPal Checkout"
When selecting a payment method offered via "PayPal"/"PayPal Checkout", payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be notified separately.You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of Retention, Retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of Law

(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.




II. Customer Information

1. Seller's identity

André-Sebastian Gill
small geest 15
32469 Petershagen
Germany
Phone: +491749409802
E-mail: support@darksideapparel.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr.

We are willing, but not obligated, to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on how the contract came about

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German. .

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system The contract details can be printed using your browser's print function or saved electronically. After we receive your order, the order details, the legally required information for distance selling contracts, and the terms and conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices.They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer. These costs will be shown separately during the ordering process and must be borne by you in addition to the above, unless free shipping has been promised.

5.3. Costs incurred in transferring the money (Transfer or exchange rate fees charged by credit institutions) are from you to be borne in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery conditions

6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.

7. Statutory warranty rights

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were drafted by the IT law specialists at the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/services/legal certainty/terms and conditions service.

Last updated: October 22, 2024