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Terms of service

Language Notice
These Terms and Conditions is available in both German and English. The English version is provided for convenience only. In the event of any conflict or inconsistency, the German version shall prevail.

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Warranty 
  8. Liability
  9. Redemption of Promotional Vouchers
  10. Redemption of Gift Vouchers
  11. Governing Law
  12. Place of Jurisdiction
  13. Alternative Dispute Resolution

1) Scope

1.1 These Terms and Conditions (“Terms”) of Denkwise Ventures GmbH (the “Seller”) apply to all contracts for the sale and delivery of goods concluded between the Seller and a consumer or business entity (the “Customer”) through the Seller’s online store. The Customer’s own terms and conditions shall not apply unless expressly agreed otherwise.

1.2 These Terms shall also apply to contracts for the purchase of gift vouchers, unless otherwise expressly provided.

1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 A business entity within the meaning of these Terms is a natural or legal person, or a partnership with legal capacity, acting in the exercise of its trade, business, or independent professional activity when entering into a legal transaction.

2) Conclusion of Contract

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

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods contained 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 (e.g. by e-mail), whereby receipt of the order confirmation by the Customer shall be decisive; or
  • delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
  • requesting payment from the Customer after the Customer has placed the order.

If more than one of the above alternatives applies, the contract shall be concluded at the time when the first of those alternatives occurs. The period for acceptance begins on the day following the Customer’s submission of the offer and expires at the end of the fifth day thereafter. If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by their offer.

2.4 If the Customer selects a payment method offered by PayPal, payment processing shall be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“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 selects a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order process.

2.5 When an order is placed using the Seller’s online order form, the text of the contract will be stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. by e-mail or letter) after the order has been submitted. The Seller will not make the contract text available beyond this. If the Customer has created a user account in the Seller’s online store before submitting the order, the order data will be archived on the Seller’s website and may be accessed free of charge through the Customer’s password-protected user account using the corresponding login credentials.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer may identify and correct any input errors by carefully reviewing the information displayed on the screen. The browser’s zoom function may be used as an effective technical means of making input errors easier to detect. During the electronic ordering process, the Customer may correct any entries using the standard keyboard and mouse functions until clicking the button that completes the order process.

2.7 The contract may be concluded in different languages. The available language options are displayed in the online store.

2.8 Order processing and communication generally take place by e-mail and through automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received. In particular, if the Customer uses SPAM filters, they must ensure that all e-mails sent by the Seller or by third parties engaged by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a statutory right of withdrawal.

3.2 Further information about the statutory right of withdrawal can be found in the Seller’s Right of Withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, all prices quoted are total prices and include the applicable statutory value added tax (VAT). Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online store.

4.3 If the Customer selects a payment method offered through the PayPal payment service, payment processing shall be carried out by PayPal, which may use the services of third-party payment providers for this purpose. If the Seller also offers payment methods through PayPal under which the Seller provides advance performance to the Customer (e.g. purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider appointed by PayPal and specifically identified to the Customer. Before accepting the assignment, PayPal or the appointed payment service provider will carry out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method if the credit check result is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed installments. In such cases, payment can only be made to PayPal or the payment service provider appointed by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer enquiries relating to the goods, delivery times, shipping, returns, complaints, withdrawal notices, returned goods, or credit notes.

4.4 If the Customer selects a payment method offered through Shopify Payments, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods available through Shopify Payments are displayed in the Seller’s online store. Stripe may use additional payment service providers to process payments, which may be subject to separate payment terms. Where applicable, the Customer will be informed of such terms separately. Further information about Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.

4.5 If the Customer selects a payment method offered through Apple Pay, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods available through Apple Pay are displayed in the Seller’s online store. Apple may use additional payment service providers to process payments, which may be subject to separate payment terms. Where applicable, the Customer will be informed of such terms separately. Further information about Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.6 If the Customer selects a payment method offered through Google Pay, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods available through Google Pay are displayed in the Seller’s online store. Google may use additional payment service providers to process payments, which may be subject to separate payment terms. Where applicable, the Customer will be informed of such terms separately. Further information about Google Pay is available at https://pay.google.com/intl/de_de/about/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing shall be decisive for the transaction. However, if the Customer selects PayPal as the payment method, the delivery address stored with PayPal at the time of payment shall be deemed the applicable delivery address.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of the original shipment if the Customer validly exercises the right of withdrawal. In the event of a valid withdrawal, the provisions set out in the Seller’s Withdrawal Policy regarding return shipping costs shall apply.

5.3 If the Customer acts as a business entity, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the goods shall generally pass only upon delivery of the goods to the Customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk shall also pass to the Customer before delivery if the Customer has independently commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously nominated that person or institution.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self supply. This shall apply only if the non delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier exercising due care. The Seller shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any payments already made shall be refunded without undue delay.

5.5 Collection of goods by the Customer is not possible for logistical reasons.

5.6 Gift vouchers are provided to the Customer as follows:

  • by e-mail

6) Retention of Title

If the Seller provides goods before full payment has been made, the Seller shall retain title to the delivered goods until the purchase price has been paid in full.

7) Warranty

Unless otherwise provided below, the statutory provisions governing liability for defects shall apply. The following provisions apply to contracts for the delivery of goods:

7.1 If the Customer is a business entity,

  • the Seller shall have the right to choose the method of remedy;
  • for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
  • for used goods, all claims for defects are excluded;
  • the limitation period shall not recommence if replacement goods are supplied under the statutory warranty.

7.2 The above limitations of liability and reductions of limitation periods shall not apply

  • to claims for damages or reimbursement of expenses by the Customer;
  • if the Seller has fraudulently concealed a defect;
  • to goods that have been used for a building in accordance with their usual purpose and have caused the defectiveness of the building;
  • to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.

7.3 Furthermore, for business entity customers, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the carrier upon delivery and to notify the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual warranty rights.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi contractual, statutory, and tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall have unlimited liability on any legal grounds

  • in cases of intent or gross negligence;
  • in cases of intentional or negligent injury to life, body, or health;
  • under a guarantee, unless otherwise expressly provided therein;
  • where liability is mandatory under applicable law, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above provisions on liability shall also apply with regard to the liability of the Seller’s vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers issued by the Seller free of charge as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only during the specified validity period.

9.2 Certain products may be excluded from the promotional offer if such restriction is stated in the Promotional Voucher.

9.3 Promotional Vouchers must be redeemed before the order process is completed. Subsequent redemption is not possible.

9.4 Only one Promotional Voucher may be redeemed per order.

9.5 If the Promotional Voucher has a fixed monetary value rather than a percentage discount, the value of the order must be at least equal to the value of the Promotional Voucher. Any remaining voucher balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the total order value, the remaining balance may be paid using one of the other payment methods offered by the Seller.

9.7 The balance of a Promotional Voucher cannot be paid out in cash and does not accrue interest.

9.8 A Promotional Voucher will not be reinstated or refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher under the statutory right of withdrawal.

9.9 Promotional Vouchers are transferable. The Seller may fulfil its obligations with discharging effect to the respective holder redeeming the Promotional Voucher in the Seller’s online shop. This shall not apply if the Seller has actual knowledge or is grossly negligent in failing to recognise that the respective holder is not entitled to redeem the Promotional Voucher, lacks legal capacity, or lacks authority to act on behalf of the rightful holder.

10) Redemption of Gift Vouchers

10.1 Gift vouchers purchased through the Seller’s online shop (hereinafter referred to as “Gift Vouchers”) may only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

10.2 Gift Vouchers and any remaining balance are redeemable until the end of the third year following the year in which the voucher was purchased. Any remaining balance will remain credited to the Customer until the expiry date.

10.3 Gift Vouchers must be redeemed before the order process is completed. Subsequent redemption is not possible.

10.4 Gift Vouchers may only be used to purchase goods and may not be used to purchase additional Gift Vouchers.

10.5 If the value of the Gift Voucher is insufficient to cover the total order value, the remaining balance may be paid using one of the other payment methods offered by the Seller.

10.6 The balance of a Gift Voucher cannot be paid out in cash and does not accrue interest.

10.7 Gift Vouchers are transferable. The Seller may fulfil its obligations with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online shop. This shall not apply if the Seller has actual knowledge or is grossly negligent in failing to recognise that the respective holder is not entitled to redeem the Gift Voucher, lacks legal capacity, or lacks authority to act on behalf of the rightful holder.

11) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising out of this contract. If the Customer has its registered office outside the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising out of this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s commercial or professional activities. In the aforementioned cases, however, the Seller shall in any event also be entitled to bring proceedings before the court at the Customer’s registered office.

13) Alternative Dispute Resolution

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