Terms of service

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Cancellation

  4. Prices and Payment Terms

  5. Delivery and Shipping Terms

  6. Retention of Title

  7. Liability for Defects / Warranty

  8. Liability

  9. Redemption of Promotional Vouchers

  10. Redemption of Gift Vouchers

  11. Applicable Law

  12. Place of Jurisdiction

  13. Alternative Dispute Resolution

  1. Scope of Application

1.1 These General Terms and Conditions, hereinafter referred to as “GTC”, of Brand House Production GmbH, hereinafter referred to as the “Seller”, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter referred to as the “Customer”, with the Seller regarding the goods presented 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 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed 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 self-employed professional activity.

  1. 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 to enable the Customer to submit a binding offer.

2.2 The Customer may 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 completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to 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, for example by fax or email, whereby receipt of the order confirmation by the Customer is decisive in this respect, or

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

  • by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer has sent the offer and ends upon 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, hereinafter referred to as “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 order process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text 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 has 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 their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding 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 identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually 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 this 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.

  1. Right of Cancellation

3.1 Consumers generally have a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller’s cancellation policy.

  1. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.

4.2 The available payment option or options will be communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via the “Shopify Payments” payment service is selected, payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as “Stripe”. The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

  1. Delivery and Shipping Terms

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 stated in the Seller’s order processing is decisive for the processing of the transaction. By way of derogation from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be 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 costs of outward delivery if the Customer effectively exercises their right of cancellation. In the event that the Customer effectively exercises the right of cancellation, the provision regarding return costs set out in the Seller’s cancellation policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods 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 of the sold goods shall generally only pass upon handover of the goods to the Customer or to a person authorized to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier 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.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without delay and the consideration shall be refunded without delay.

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

5.6 Vouchers shall be provided to the Customer as follows:

  • by download

  • by email

  1. Retention of Title

If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

  1. Liability for Defects / Warranty

Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation from this, 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 claims based on defects shall be one year from delivery of the goods;

  • for used goods, rights based on defects are excluded;

  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above shall not apply

  • to claims for damages and reimbursement of expenses by the Customer;

  • in the event that the Seller has 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 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, the Customer is subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not comply with this request, this shall have no effect on their statutory or contractual claims for defects.

  1. Liability

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

8.1 The Seller shall be liable without limitation on any legal grounds

  • 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 stipulated in this respect;

  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

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

  1. Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific 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 period.

9.2 Promotional Vouchers may only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.4 Promotional Vouchers may only be redeemed before completion of the order process. Subsequent offsetting is not possible.

9.5 Several Promotional Vouchers may also be redeemed for one order.

9.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.7 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 settle the difference.

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

9.9 The Promotional Voucher shall not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of cancellation.

9.10 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 material entitlement of the respective voucher holder.

  1. Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via 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 remaining balances of Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers may only be redeemed before completion of the order process. Subsequent offsetting is not possible.

10.4 Several Gift Vouchers may also be redeemed for one order.

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

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

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

10.8 The Gift Voucher is transferable. The Seller may make payment 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 lack of knowledge of the holder’s lack of entitlement, legal incapacity or lack of authority to represent.

  1. 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. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

  1. Place of Jurisdiction

If the Customer acts as 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 exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be 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 aforementioned cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s registered office.

  1. Alternative Dispute Resolution

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

Last updated: 27 October 2025