Terms of service

Scope
Conclusion of the Contract
Right of Cancellation
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Processing Goods According to Customer Specifications
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Winkler GmbH & Co. KG (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected 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 outside their trade, business or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email, fax, online contact form, post or telephone.

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 (fax or email), in which case receipt of the order confirmation by the Customer is decisive; or by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time at which one of the above alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following dispatch of the offer. If the Seller does not accept the Customer’s offer within the above period, this is deemed to be rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via 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 terms of use 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 pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an order is placed using the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (for example by email, fax or letter) after the Customer has submitted the order. The Seller does not make the contract text available beyond this. If the Customer created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via the password-protected user account using the relevant login details.

2.6 Before bindingly 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. The browser’s zoom function may be an effective technical aid for identifying input errors more easily. During the electronic ordering process, the Customer can correct entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is shown in the online shop.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Cancellation

3.1 Consumers generally have a right of cancellation.

3.2 Further information on the right of cancellation is set out in the Seller’s cancellation policy.

3.3 The right of cancellation does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs 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 for which the Seller is not responsible and which must be borne by the Customer. These may include costs for transferring funds through credit institutions (for example transfer fees or exchange-rate fees) or import duties and taxes (for example customs duties). Costs relating to the transfer of funds may also arise 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 available payment method(s) are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed a later due date.

4.5 If a payment method offered via the “PayPal” payment service is selected, payment is processed via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal under which the Seller makes an advance performance to the Customer (for example purchase on account or instalment payment), the Seller assigns the payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, 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 in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or agreed payment intervals. In that case, payment with debt-discharging effect can only be made to PayPal or the payment service provider commissioned by PayPal. Even if the claim is assigned, the Seller remains responsible for general customer enquiries, for example regarding goods, delivery time, dispatch, returns, complaints, cancellation declarations and returned cancellation notices or credit notes.

4.6 If a payment method offered via “Shopify Payments” is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use other payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately referred. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments/de.

4.7 If a payment method offered via “Apple Pay” is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller’s online shop. Apple may use other payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately referred. Further information on Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via “Google Pay” is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller’s online shop. Google may use other payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately referred. Further information on Google Pay is available at https://pay.google.com/intl/de_de/about/.

4.9 If a payment method offered via the “Klarna” payment service is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Further information and the relevant Klarna terms can be viewed via the information made available for the selected payment method.

4.10 If purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. Unless otherwise agreed, the purchase price must be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date. Purchase on account is subject to a successful credit check by Klarna AB. If the Customer is permitted to use purchase on account after the credit check, payment is processed in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case the Customer can make payment with debt-discharging effect only to Klarna AB. The General Terms and Conditions of Klarna AB, which the Customer can access during the ordering process, also apply. The Seller reserves the right to offer purchase on account only up to a specified order volume and to reject this payment method if the stated order volume is exceeded. In this case the Seller will inform the Customer of the relevant payment restriction in the payment information in the online shop.

4.11 If purchase on account via Masterpayment is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case the purchase price must be paid without deduction immediately after receipt of the invoice to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany (“net-m privatbank 1891 AG”). Purchase on account is subject to a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom (“Masterpayment”). If the Customer is permitted to use purchase on account after the credit check, payment is processed in cooperation with net-m privatbank 1891 AG, to which the Seller assigns its payment claim. In this case the Customer can make payment with debt-discharging effect only to net-m privatbank 1891 AG. Even when purchase on account via Masterpayment is selected, the Seller remains responsible for general customer enquiries, for example regarding goods, delivery time, dispatch, returns, complaints, cancellation declarations and returns or credit notes. A further condition for using purchase on account via Masterpayment is that the Customer is at least 18 years old. The Seller reserves the right to offer purchase on account only up to a specified order volume and to reject this payment method if that volume is exceeded. In this case the Seller will inform the Customer of the relevant payment restriction in the payment information in the online shop.

4.12 If the “PayPal Invoice” payment method is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the “PayPal Invoice” payment method in the event of a negative result. If PayPal approves the payment method, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods unless PayPal specifies a different payment deadline. In this case payment with debt-discharging effect can only be made to PayPal. Even if the claim is assigned, the Seller remains responsible for general customer enquiries, for example regarding goods, delivery time, dispatch, returns, complaints, cancellation declarations and returned cancellation notices or credit notes. In addition, PayPal’s general terms of use for purchase on account apply and can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for processing the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of outward delivery if the Customer effectively exercises the right of cancellation. If the Customer effectively exercises the right of cancellation, the provisions in the Seller’s cancellation policy apply to the return costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, the risk also passes to a consumer as soon as the Seller hands the goods over to the forwarding agent, carrier or other person or institution designated to carry out shipment if the Customer commissioned that forwarding agent, carrier, person or institution and the Seller had not previously named that person or institution to the Customer.

5.4 If the Customer is a consumer domiciled in Germany or an entrepreneur, the Seller reserves the right to withdraw from the contract in the event that the Seller does not receive correct or proper supplies itself. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partly available, the Customer will be informed without undue delay and any consideration already paid will be reimbursed without undue delay.

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

6) Retention of Title

If the Seller makes an advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur, the Seller may choose the type of subsequent performance; for new goods, the limitation period for rights arising from defects is one year from delivery of the goods; rights arising from defects are excluded for used goods; and the limitation period does not begin again if a replacement delivery is made as part of liability for defects.

7.2 The above limitations of liability and reductions of limitation periods do not apply to claims by the Customer for damages and reimbursement of expenses; if the Seller has fraudulently concealed the defect; to goods which have been used for a building in accordance with their customary purpose and have caused the building to be defective; or to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 For entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects under Section 377 HGB applies. If the Customer fails to comply with the notification duties regulated there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, the Customer is asked to complain to the delivery agent about delivered goods showing obvious transport damage and to inform the Seller. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tort claims, as follows:

8.1 The Seller is liable without limitation on any legal basis in the event of intent or gross negligence; in the event of intentional or negligent injury to life, body or health; on the basis of a guarantee promise, unless otherwise provided in this respect; and on the basis of mandatory liability, for example under the German Product Liability Act.

8.2 If the Customer is a consumer domiciled in Germany or an entrepreneur, the following limitations of liability apply: if the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation under the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, whose fulfilment is necessary for the proper performance of the contract in the first place and on whose compliance the Customer may regularly rely. In all other respects, the Seller’s liability is excluded unless the Seller is liable without limitation under the preceding paragraph.

8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special Conditions for Processing Goods According to Customer Specifications

9.1 If, in addition to delivery of the goods, the Seller is also obliged under the contract to process the goods according to specific Customer specifications, the Customer must provide the Seller with all content required for processing, such as text, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and must grant the Seller the rights of use required for this purpose. The Customer alone is responsible for obtaining this content and the rights to it. The Customer declares and accepts responsibility for having the right to use the content supplied to the Seller. In particular, the Customer must ensure that no third-party rights are infringed, especially copyright, trade mark rights and personality rights.

9.2 The Customer indemnifies the Seller against claims asserted by third parties against the Seller in connection with an infringement of their rights through the Seller’s contractual use of the Customer’s content. The Customer also bears the necessary costs of legal defence, including all court and lawyers’ fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. If third-party claims are made, the Customer must promptly provide the Seller, truthfully and completely, with all information required to examine the claims and conduct a defence.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morality. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns for a specified validity period and which cannot be purchased by the Customer (“Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only within the specified period.

10.2 Individual products may be excluded from a voucher promotion if such a restriction follows from the content of the Promotional Voucher.

10.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Only one Promotional Voucher may be redeemed per order.

10.5 If the Promotional Voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be reimbursed by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

10.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

10.8 The Promotional Voucher will not be reimbursed if the Customer returns goods paid for in whole or in part with the Promotional Voucher under the statutory right of cancellation.

10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

11) Applicable Law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of cancellation for consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole residence and delivery address at the time the contract is concluded are outside the European Union.

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 territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is in any event 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.

Version: 07 August 2026, 04:00:47