Terms of service

Terms and Conditions

1 Scope of Application
These terms and conditions apply to all purchases made from CharliesStickfabrik.

2 Conclusion of Contract
The presentation of my services and goods and the provision of the opportunity to place an order do not constitute a binding offer on my part. Only your order constitutes an offer to me to conclude a purchase contract. When you place an order, I will send a confirmation email to the address you provided, listing the details of your order (Order Confirmation). This confirmation does not constitute acceptance of your offer but is intended to inform you that your order has been received. A contract is only concluded when I ship the ordered product to you and confirm shipment with a second email (Shipping Confirmation).

3 Prices and Shipping Costs
The prices shown are final prices including VAT. The applicable price is the one displayed at the time of your binding order. Additional shipping costs apply depending on the shipping method and the size and weight of the ordered goods. You bear the regular costs of return shipping if you exercise your right of withdrawal. In case of withdrawal, we only refund the order value, not the shipping costs.

Prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the service (or parts or content thereof) at any time without notice.
We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the service.

4 Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In such cases, we may attempt to contact you using the email and/or billing address/phone number provided at the time of order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5 Payment Default
In the event of a payment default, CharliesStickfabrik is entitled to charge default interest at a rate of 5 percentage points above the base interest rate published by the German Bundesbank at the time of the order. If CharliesStickfabrik incurs greater damages due to the delay, it is entitled to claim those as well.

6 Set-Off
The customer is only entitled to set-off if their counterclaims have been legally established or are undisputed by CharliesStickfabrik.

7 Right of Retention
The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

8 Delivery
(1) Delivery is made to the address provided by the customer.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, CharliesStickfabrik is released from its obligation to perform. Payments already made will be refunded promptly.
(3) CharliesStickfabrik may also refuse performance if it would require an effort that is grossly disproportionate to the customer’s interest in fulfilling the contract, taking into account the content of the purchase agreement and the principles of good faith. Payments already made will be refunded promptly.

9 Return Shipping Method
(1) Please use the original packaging for returns, if possible, even if it is damaged from checking functionality.
(2) You are responsible for the direct cost of returning the goods.
(3) Returns are not accepted for personalized items.

10 Retention of Title
Until full payment of all claims arising from the purchase contract has been received, the delivered goods remain the property of CharliesStickfabrik. During this period, the customer may neither sell nor otherwise dispose of the goods, particularly not grant third parties contractual rights of use.

11 Warranty Rights
(1) If a product is defective at the time of delivery (warranty case), CharliesStickfabrik will, at the customer's discretion, either replace it free of charge or professionally repair it (subsequent performance). There is no warranty case if the product had the agreed condition at the time of the transfer of risk. A warranty case does not apply especially in the following cases:

• a) Damage caused by misuse or improper handling,

• b) Damage due to exposure to harmful external influences (e.g., extreme temperatures, moisture, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) If the customer’s requested type of subsequent performance (replacement or repair) involves disproportionate effort compared to the product’s price, the customer’s claim is limited to the other type of remedy. CharliesStickfabrik may also refuse this remedy under the same conditions.

(3) Whether for repair or replacement, the customer must return the product to the return address provided by CharliesStickfabrik, indicating the order number, and at CharliesStickfabrik’s expense. Customers must remove any items they added to the product before sending it. CharliesStickfabrik is not responsible for such items unless their presence is obvious. In such cases, the customer will be informed, and the item will be held for collection (costs borne by the customer).

(4) If the customer was able to use the product between delivery and return, they must compensate for the value of use. The customer must also compensate for loss or further deterioration of the product not caused by the defect or for the impossibility of return unless due to proper use.

No compensation is required in these cases:

• a) The defect only became apparent during processing or modification.

• b) CharliesStickfabrik is responsible for the deterioration or loss.

• c) The deterioration or loss occurred despite the customer exercising usual due care.

(5) Damages caused by the customer's failure to meet the return obligation are governed by statutory regulations.

(6) The customer may withdraw from the contract or reduce the purchase price if repair or replacement fails to resolve the issue within a reasonable time.

(7) The customer may also have claims under manufacturer warranties, subject to their specific terms.

(8) The statutory warranty period is two years from delivery for new goods, and one year for used goods. The period begins upon receipt of the goods.

12 Liability
(1) For slight negligence, CharliesStickfabrik is only liable for breaches of essential contractual obligations and only for foreseeable damages. This limitation does not apply to injury to life, body, or health. CharliesStickfabrik is not liable for other damages caused by slight negligence due to defects in the purchased goods.

(2) Regardless of fault, liability for fraudulent concealment of a defect or the assumption of a guarantee remains unaffected. Manufacturer guarantees do not constitute guarantees by CharliesStickfabrik.

(3) CharliesStickfabrik is liable for accidental impossibility of delivery during delay unless the damage would have occurred even with timely delivery.

(4) Personal liability of legal representatives, agents, and employees of CharliesStickfabrik for damages caused by slight negligence is excluded.

13 Applicable Law
The contract between you and CharliesStickfabrik is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14 Jurisdiction
If you have no residence in Germany at the time of ordering, move abroad after the contract, or your place of residence is unknown at the time legal proceedings are initiated, the place of jurisdiction for all disputes is Dietzenbach.

15 Final Provisions
If any provision of these terms and conditions becomes or is found to be invalid, the validity of the remaining provisions shall remain unaffected.