General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
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. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions ("GTC") of Imke Hanscomb, trading as "TIZZ & TONIC" ("we/us"), apply to all contracts for the delivery of goods that you as a consumer or business ("you") conclude with us via our online shop. We do not accept your own terms unless expressly agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise stated.

1.3 You are considered a consumer if you are purchasing for purposes that are primarily not related to your commercial or self-employed activity.

1.4 You are considered a business if you are acting in the course of your commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in our online shop are not binding offers but serve as an invitation to submit a binding offer by you.

2.2 You can submit an offer via our integrated online order form. By completing the checkout process and clicking the final order button, you submit a legally binding offer. You may also submit an offer via email.

2.3 We may accept your offer within five days by:

• Sending a written order confirmation (email, fax),
• Delivering the ordered goods, or
• Requesting payment from you after order placement.

The contract is concluded when one of these actions occurs first. If we do not accept your offer within five days, it is considered rejected.

2.4 If you choose a PayPal payment method, the transaction is processed by PayPal. The contract is concluded when you click the final order button.

2.5 Upon order submission, we will store and send you the contract text in text form. If you created a user account, your order details can be accessed in your account.

2.6 You can correct input errors before submitting the order using standard browser and input functions.

2.7 Contract languages available are indicated in the online shop.

2.8 You are responsible for ensuring your email address is correct and that our messages can be received (e.g., no blocking via spam filters).

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Details are provided in our Withdrawal Policy.

3.3 The right of withdrawal does not apply to consumers residing outside the EU at the time of contract conclusion.

4) Prices and Payment Terms

4.1 Unless otherwise stated, prices include VAT. Additional shipping costs are listed separately.

4.2 For deliveries outside the EU, additional fees (e.g., banking fees, customs duties) may apply at your expense.

4.3 Available payment methods are shown during the checkout process.

4.4 For prepayment by bank transfer, payment is due immediately unless otherwise agreed.

4.5 Payments via PayPal or associated services are subject to PayPal's terms. PayPal may conduct a credit check.

4.6 Payments via "Sofort" are processed by Klarna. More info: https://www.klarna.com/sofort/

4.7 - 4.12 Payments via Shopify Payments, Mollie, Stripe, or SumUp are processed by those respective providers. Further terms and details are available on their websites.

5) Delivery and Shipping Conditions

5.1 Delivery is made to the address provided unless otherwise agreed.

5.2 If delivery fails due to your fault, you bear the resulting costs.

5.3 Risk passes to businesses upon shipment; to consumers upon receipt, unless you chose your own carrier.

5.4 We reserve the right to withdraw from the contract if our supplier fails to deliver. You will be notified and refunded.

5.5 Pickup is not possible for logistical reasons.

5.6 Vouchers will be provided via download or email.

6) Retention of Title

Goods remain our property until full payment is received.

7) Liability for Defects (Warranty)

Unless otherwise stated, statutory warranty rights apply.

7.1 For businesses: We choose the method of remedy. New goods have a one-year warranty. Used goods are excluded. Warranty does not reset upon replacement.

7.2 These limitations do not apply to damages, fraud, building materials, or digital updates.

7.3 Statutory recourse claims remain unaffected.

7.4 Merchants must inspect and report defects promptly as per §377 HGB.

7.5 Consumers are asked to report transport damage to the carrier and inform us. This does not affect warranty rights.

8) Liability

8.1 We are fully liable in cases of intent, gross negligence, personal injury, product liability, and guarantees.

8.2 For simple negligence, we are liable only for foreseeable damage to essential obligations.

8.3 Otherwise, liability is excluded.

8.4 These rules apply to agents and legal representatives as well.

9) Redemption of Promotional Vouchers

9.1 Promo vouchers are non-purchasable and valid only within the stated time in our shop.

9.2 Only consumers can use promo vouchers.

9.3 - 9.10 Promo vouchers must be used before checkout, are not combinable, have no cash value, and may not be transferable.

10) Redemption of Gift Vouchers

10.1 Gift vouchers bought via our shop can be used in our shop unless stated otherwise.

10.2 Valid for 3 years after purchase. Remaining balances are retained until expiry.

10.3 - 10.8 Must be used before checkout. Multiple vouchers can be combined. Cannot be used to buy more vouchers. Are transferable unless we detect misuse.

11) Applicable Law

11.1 German law applies. Consumer protections from your home country remain unaffected.

11.2 This law selection does not apply to consumers outside the EU.

12) Alternative Dispute Resolution

We are not obligated or willing to participate in dispute resolution before a consumer arbitration board.