Terms and Conditions
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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Kennedy Ukachukwu, trading as "Kennedy Ukachukwu" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 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. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can 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 e-mail), 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 placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins to run on the day after the Customer sends 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 shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is 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 (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable 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, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller declares the acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The contract text will not be made accessible by the Seller beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting the order via the Seller's online order form, the Customer can identify 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 browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order 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.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. No sales tax is incurred as the Seller is exempt from sales tax as a small business owner. Any additionally incurred delivery and shipping costs will be indicated 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 must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in connection with money transfer even if the delivery is not made 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 If a payment method offered via the payment service "PayPal" is selected, the payment processing takes place via PayPal, whereby PayPal can also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which he makes advance payments to the Customer (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit 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 to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments, or credit notes.
4.5 If a payment method offered via the payment service "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 individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services for payment processing, for which special payment conditions may apply, which the customer may be separately informed of. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
4.6 If a payment method offered via the "Apple Pay" payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the customer in the seller's online shop. Apple may use additional payment services for payment processing, for which special payment conditions may apply, which the customer may be separately informed of. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.
4.7 If a payment method offered via the "Google Pay" payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the customer in the seller's online shop. Google may use additional payment services for payment processing, for which special payment conditions may apply, which the customer may be separately informed of. Further information on Google Pay is available online 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 will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For the costs of return, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their 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 forwarding agent, the carrier 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 only passes with the handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the Seller's fault and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payments, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following 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 claims for new goods is one year from delivery of the goods;
- defect claims for used goods are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The aforementioned limitations of liability and shortening of deadlines do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligation according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect on his statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer can regularly rely.
8.3 In all other respects, the Seller's liability is excluded.
8.4 The aforementioned liability regulations also apply with regard to the Seller's liability for his vicarious agents and legal representatives.
9) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Copyright notice: These GTC were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: 09.04.2026, 15:43:41