Terms of service

Contents

1. Scope
2. Formation of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (statutory warranty)
8. Liability
9. Redeeming promotional vouchers
10. Redeeming gift vouchers
11. Applicable law
12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “Terms”) of Imke Hanscomb, trading as “TIZZ & TONIC” (hereinafter “Seller”), apply to all contracts for the supply of goods concluded by a consumer or business customer (hereinafter “Customer”) with the Seller in respect of the goods displayed by the Seller in the online shop. The inclusion of the Customer’s own terms and conditions is hereby expressly rejected unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 A business customer within the meaning of these Terms 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 profession.

2) Formation 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 an offer using 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 for the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by email.

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 more than one of the above alternatives occurs, the contract is concluded at the time when the first of those alternatives occurs. The period for accepting the offer begins on the day after the Customer sends 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 this period, the offer is deemed to have been rejected, 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 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 User Agreement, available at:

https://www.paypal.com/de/legalhub/paypal/useragreement-full

If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, 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 in advance that it accepts the Customer’s offer at the moment 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 Seller stores the text of the contract after the contract has been concluded and sends it to the Customer in text form (for example, by email, fax or letter) after the Customer has submitted the order. The Seller does not provide any further access to the text of the contract. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge through their password-protected user account using the relevant login details.

2.6 Before submitting a binding order using the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the display on the screen, may be an effective technical means of making input errors easier to identify. 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 ordering process.

2.7 Different languages are available for concluding the contract. The specific choice of languages is displayed in the online shop.

2.8 Orders are generally processed automatically by email. 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.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal is provided in the Seller’s withdrawal instructions.

3.3 The right of withdrawal 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 that time are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value added tax (VAT). Any additional delivery and shipping costs are stated separately in the relevant product description.

4.2 Deliveries to countries outside the European Union may, in individual cases, incur additional costs for which the Seller is not responsible and which must be borne by the Customer. These include, for example, charges for transferring money through financial institutions (such as transfer fees and exchange rate charges) or import duties and taxes (such as customs duties). Such money transfer costs may also arise where delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment method or methods are indicated to the Customer in the Seller’s online shop.

4.4 If payment in advance by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered through the “PayPal” payment service is selected, payment is processed through PayPal, which may also use third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal under which the Seller performs in advance for the Customer (for example, purchase on account or payment by instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified 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 Customer data transmitted. The Seller reserves the right to refuse the Customer’s chosen payment method if the result of the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can discharge their payment obligation only by paying PayPal or the payment service provider commissioned by PayPal. However, even if the claim is assigned, the Seller remains responsible for general customer enquiries, for example concerning the goods, delivery times, shipping, returns, complaints, withdrawal declarations and returns following withdrawal, or credit notes.

4.6 If the “Sofortüberweisung” payment method is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount using Sofortüberweisung, the Customer must have an online banking account enabled for participation in Sofortüberweisung, authenticate themselves during the payment process and confirm the payment instruction. Klarna then carries out the payment transaction immediately and debits the Customer’s bank account. Further information about the Sofortüberweisung payment method is available at:

https://www.klarna.com/sofort/

4.7 If a payment method offered through the “Shopify Payments” payment service 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 through Shopify Payments are indicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer will be informed separately where applicable. Further information about Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments/de

4.8 If a payment method offered through the “Apple Pay” payment service is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered through Apple Pay are indicated to the Customer in the Seller’s online shop. Apple may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer will be informed separately where applicable. Further information about Apple Pay is available at:

https://www.apple.com/de/apple-pay/

4.9 If a payment method offered through the “Google Pay” payment service is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered through Google Pay are indicated to the Customer in the Seller’s online shop. Google may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer will be informed separately where applicable. Further information about Google Pay is available at:

https://pay.google.com/intl/de_de/about/

4.10 If a payment method offered through the “Mollie” payment service is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter “Mollie”). Mollie may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer will be informed separately where applicable. Further information about Mollie is available at:

https://www.mollie.com/de/

4.11 If a payment method offered through the “Stripe” payment service is selected, payment is processed 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 through Stripe are indicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer will be informed separately where applicable. Further information about Stripe is available at:

https://stripe.com/de

4.12 If a payment method offered through the “SumUp” payment service is selected, payment is processed by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The individual payment methods offered through SumUp are indicated to the Customer in the Seller’s online shop. SumUp may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer will be informed separately where applicable. Further information about SumUp is available at:

https://www.sumup.com/de-de/

4.13 If SEPA direct debit is selected as the payment method, the invoice amount becomes due after a SEPA direct debit mandate has been issued, but not before the advance payment notification period has expired. The direct debit is collected when the ordered goods leave the Seller’s warehouse, but not before the pre-notification period has expired. Pre-notification means any communication (such as an invoice, policy or contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured because of insufficient funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the charges imposed by the relevant financial institution for the reversal, provided that the Customer is responsible for it. The Seller reserves the right to carry out a credit check when SEPA direct debit is selected and to reject this payment method if the credit check is negative.

4.14 If payment by credit card through Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

5) Delivery and shipping terms

5.1 If the Seller offers shipping of the goods, delivery takes place 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 system is decisive for processing the transaction.

5.2 If delivery fails for reasons for which the Customer is responsible, the Customer must bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of outward delivery if the Customer validly exercises their right of withdrawal. Where the Customer validly exercises their right of withdrawal, return shipping costs are governed by the relevant provisions in the Seller’s withdrawal instructions.

5.3 If the Customer acts as a business customer, the risk of accidental loss of or accidental damage to the goods sold passes to the Customer as soon as the Seller hands the goods over to the freight forwarder, carrier or other person or organisation designated to carry out shipment. If the Customer acts as a consumer, the risk of accidental loss of or accidental damage to the goods sold generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, this risk also passes to a consumer as soon as the Seller hands the goods over to the freight forwarder, carrier or other person or organisation designated to carry out shipment if the Customer commissioned that person or organisation to carry out shipment and the Seller had not previously identified that person or organisation to the Customer.

5.4 If the Customer acts as a consumer resident in Germany or as a business customer, the Seller reserves the right to withdraw from the contract if the Seller is not supplied correctly or properly by its own supplier. This applies only if the Seller is not responsible for the failure to supply and has, exercising due care, concluded a specific corresponding procurement transaction with the supplier. The Seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer will be informed without delay and any payment made will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by email

6) Retention of title

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

7) Liability for defects (statutory warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects apply. By way of exception, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as a business customer:

• the Seller may choose the form of supplementary performance;
• for new goods, the limitation period for claims arising from defects is one year from delivery of the goods;
• claims arising from defects are excluded for used goods;
• the limitation period does not start again if a replacement delivery is made under the liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above do not apply:

• to the Customer’s claims for damages or reimbursement of expenses;
• if the Seller has fraudulently concealed the defect;
• to goods that have been used for a building in accordance with their usual purpose and have caused the building to be defective;
• to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.

7.3 In addition, for business customers, 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 Customer is subject to the commercial duty to inspect the goods and give notice of defects under section 377 HGB. If the Customer fails to comply with the notification duties specified there, the goods are deemed to have been accepted.

7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery agent and inform the Seller. Failure to do so does not affect the Customer’s statutory or contractual claims arising from defects in any way.

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 claims in tort, as follows:

8.1 The Seller has unlimited liability, irrespective of the legal basis:

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, body or health;
• under a guarantee commitment, unless otherwise stipulated in that respect;
• under mandatory liability provisions, such as those of the German Product Liability Act.

8.2 If the Customer acts as a consumer resident in Germany or as a business customer, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless its liability is unlimited under the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the content of the contract to achieve the purpose of the contract, whose performance makes proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely. In all other respects, the Seller’s liability is excluded unless its liability is unlimited under the preceding clause.

8.3 The above liability provisions also apply to the Seller’s liability for persons engaged to perform its obligations and for its legal representatives.

9) Redeeming promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period, and which cannot be purchased by the Customer (hereinafter “promotional vouchers”), can be redeemed only in the Seller’s online shop and only within the specified period.

9.2 Promotional vouchers may be redeemed only by consumers.

9.3 Individual products may be excluded from a voucher promotion if a corresponding restriction is stated in the promotional voucher.

9.4 Promotional vouchers can be redeemed only before the ordering process is completed. They cannot be applied retrospectively.

9.5 Only one promotional voucher may be redeemed per order.

9.6 If a promotional voucher is for a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. The Seller will not refund any remaining balance.

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 used to pay the difference.

9.8 The balance of a promotional voucher cannot be paid out in cash and does not accrue interest.

9.9 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part using the promotional voucher when exercising their statutory right of withdrawal.

9.10 The promotional voucher is intended for use only 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 whether the respective voucher holder is actually entitled to redeem it.

10) Redeeming gift vouchers

10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter “gift vouchers”) can be redeemed only in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers can be redeemed only before the ordering process is completed. They cannot be applied retrospectively.

10.3 Gift vouchers may be used only to purchase goods and not to purchase additional gift vouchers.

10.4 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 used to pay the difference.

10.5 The balance of a gift voucher cannot be paid out in cash and does not accrue interest.

10.6 Gift vouchers are transferable. The Seller may discharge its obligations by providing performance to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller knows, or is unaware due to gross negligence, that the respective holder is not entitled to redeem the voucher, lacks legal capacity or lacks authority to represent the person entitled.

11) Applicable law

11.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

11.2 Furthermore, this choice of law does not apply in respect of the statutory right of withdrawal 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 that time are outside the European Union.

12) Alternative dispute resolution

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

German source: IT-Recht Kanzlei
Source last updated: 28 September 2026, 10:52:37