Terms of service

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Mats Hammerich, acting under “Motif” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless something different has been expressly regulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to either their commercial or their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC 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.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after the Customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking the button concluding the order process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days,

  • by transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or

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

  • by requesting payment from the Customer after the Customer’s order has been placed.
    If several of the aforementioned alternatives exist, the contract comes into existence at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
    2.4 When selecting a payment method offered by PayPal, the 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”), under application of the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under application of the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal selectable in the online ordering process, the Seller hereby declares already the acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.
    2.5 When submitting an offer via 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., email, fax, or letter) after the Customer’s order has been sent. Any further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be retrieved by the Customer free of charge via his password-protected user account by entering the corresponding login data.
    2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button completing the ordering process.
    2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
    2.8 The order processing and contacting usually take place by email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that the emails sent by the Seller can be received under this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with the order processing can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. Value added tax is not applicable, since the Seller is exempt from VAT as a small business owner. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the Seller and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs can also arise with respect to money transfers if the delivery is not to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 When selecting a payment method offered via the payment service “PayPal,” the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which he provides advance performance to the Customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the third-party payment service provider named to the Customer by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the third-party payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment with debt-discharging effect to PayPal or the third-party payment service provider commissioned by PayPal. However, the Seller remains responsible even in the case of the assignment of the claim for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credit notes.
4.5 When selecting a payment method offered via the payment service “Shopify Payments,” the 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 individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use further payment services for which special payment conditions may apply, which will be pointed out to the Customer separately if applicable. Further information on “Shopify Payments” can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
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 does not apply with regard to the shipping costs for the outward shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the Seller’s cancellation policy shall apply if the Customer effectively exercises his right of withdrawal.
5.3 If the Customer acts as an entrepreneur, 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 the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, if the Customer commissions the carrier, freight forwarder, or other person or institution designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other designated 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 applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration will be refunded promptly.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows: by download or by email.

6) Retention of Title
If the Seller provides advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;

  • the limitation period for defect rights is one year from delivery for new goods;

  • defect rights are excluded for used goods;

  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
    7.2 The above-mentioned limitations of liability and shortening of periods do not apply:

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

  • in the event that the Seller fraudulently concealed the defect,

  • to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,

  • to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
    7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
    7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.
    7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer from all contractual, quasi-contractual, and statutory, also tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason

  • in the event of intent or gross negligence,

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

  • based on a guarantee promise, insofar as nothing else is regulated in this respect,

  • based on mandatory liability such as under the Product Liability Act.
    8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content for achieving the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer regularly relies and may rely.
    8.3 Otherwise, liability of the Seller is excluded.
    8.4 The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers
9.1 Vouchers which are issued by the Seller free of charge as part of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided a corresponding restriction arises from the content of the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
9.4 Only one Promotional Voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of his statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, lack of legal capacity, or lack of representative authority of the respective holder.

10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased in the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
10.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
10.4 Several Gift Vouchers can also be redeemed for one order.
10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.7 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.
10.8 The Gift Voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, lack of legal capacity, or lack of representative authority of the respective holder.

11) Applicable Law
11.1 For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

12) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

© IT-Recht Kanzlei
Status: July 29, 2025, 00:12:10 CET