Terms of service

Scope of application
Conclusion of the Contract
Right of withdrawal
Pricing and Payment Terms
Delivery and Shipping Terms
Retention of title
Warranty (Guarantee)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereafter referred to as the "Terms") of Daven Kirsch, operating under the name "Daven Kirsch – Mystery Champs" (hereafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereafter referred to as the "Customer") enters into with the Seller regarding all goods presented by the Seller in its online store. The inclusion of any of the Customer's own separate terms and conditions is hereby objected to, unless it has been explicitly agreed otherwise.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 For the purposes of these General Terms and Conditions, an entrepreneur is a natural person, legal entity, or legally capable partnership that enters into a legal transaction in the course of its commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers from the seller, but rather serve to enable the customer to submit a binding offer.

2.2 The customer may submit an offer via the online order form integrated into the seller’s online shop. To complete this process, after adding the selected goods to their virtual shopping cart and working through the electronic checkout flow, the customer submits a legally binding contractual offer for all goods contained in the shopping cart by clicking the button that finalizes 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 (fax or e-mail), where the receipt of the order confirmation by the customer is the determining factor in this regard, or
by delivering the ordered goods to the customer, where the customer’s receipt of the goods is the decisive factor in this regard, or
by prompting the customer to submit payment after they have placed their order.

If multiple of the aforementioned alternatives apply, the contract is formed at the time the first of these aforementioned alternatives occurs. The period to accept the offer begins running on the day after the customer sends their offer, and expires at the end of the fifth day following the date the offer was submitted. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed a rejection of the offer, meaning the customer is no longer bound by their declaration of intent.

2.4 When you select a payment method offered by PayPal, payment processing is carried out by 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 PayPal’s terms of use, which are available for viewing at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – under the terms governing payments without a PayPal account, which can be viewed 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 checkout process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks the button that completes the order process.

2.5 When placing an order via the seller’s online order form, the contract text is stored by the seller after the contract is concluded. After the customer submits their order, the seller will send the contract text to the customer in text form (e.g., email, fax or letter). The seller will not provide any additional access to the contract text beyond this transmission.

2.6 Before submitting a binding order via the seller’s online order form, customers can identify any potential input errors by carefully reviewing all information displayed on their screen. An effective technical tool to better detect input errors is the browser’s zoom function, which enlarges the on-screen display for clearer visibility. Customers may correct their entries during the electronic ordering process using standard keyboard and mouse functions at any time until they click the button that completes the checkout process.

2.7 Multiple languages are available for concluding a contract. The specific language options available will be displayed in the online store.

2.8 Order processing and communications generally occur via email and automated order processing systems. The customer must ensure that the email address they provided for order processing is valid, so that all emails sent by the seller can be received at that address. Specifically, customers using SPAM filters must guarantee that all emails sent by the seller, or by third parties contracted by the seller to handle order processing, can be successfully delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on your right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, all listed prices are total prices that include statutory sales tax. Any additional delivery and shipping costs that may apply are separately listed in the relevant product description.

4.2 The payment method(s) will be communicated to the customer in the seller's online shop.

4.3 If you select a payment method offered via the payment service “PayPal”, payment processing is carried out through PayPal, and PayPal may also use the services of third-party payment providers for this purpose. If the seller also offers payment methods via PayPal that require the seller to extend credit to the customer (e.g. purchase by invoice or installment payment), the seller assigns their payment claim to PayPal, or to the payment provider commissioned by PayPal and explicitly named to the customer, in this regard. Before accepting the seller’s assignment declaration, PayPal or the payment provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment deadline or in the agreed payment intervals. In this case, the customer may only make payments to PayPal or the payment provider commissioned by PayPal for these payments to discharge their debt. However, the seller remains responsible, even in the event of the assignment of claims, for general customer inquiries e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation declarations and submissions, or credit notes.

4.4 If you select a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods available through Shopify Payments are disclosed to customers in the seller’s online store. To process payments, Shopify may use additional payment services, which may be subject to special payment terms that customers are notified of separately. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de accessible.

4.5 When you select a payment method offered via the "Apple Pay" payment service, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods available through Apple Pay are communicated to the customer in the seller's online store. To process payments, Apple may use additional payment services, which may be subject to special payment terms that the customer will be separately notified of where applicable. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/ accessible.

4.6 If you select a payment method offered via the "Google Pay" payment service, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods available through Google Pay are shared with the customer in the seller’s online store. To process payments, Google may use additional payment services, which may be subject to special payment terms that the customer will be separately advised of, where applicable. More information about Google Pay is available online at https://pay.google.com/intl/de_de/about/ available.

4.7 If you select a payment method offered through the "Klarna" payment service, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's applicable terms for this service are available to view here:

https://mysterychamps.de/pages/payment-methods

5) Delivery and Shipping Terms

5.1 If the seller offers shipping for the goods, delivery shall be made to the customer’s specified delivery address within the seller’s stated delivery area, unless otherwise agreed. During transaction processing, the delivery address listed in the seller’s order processing workflow is the binding address. Notwithstanding this rule, if the customer selects PayPal as their payment method, the delivery address the customer has on file with PayPal at the time of payment shall be the binding address.

5.2 If delivery of the goods fails for reasons the customer is responsible for, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to outbound shipping costs if the customer validly exercises their right of withdrawal. For return shipping costs, where the customer validly exercises their right of withdrawal, the terms set out in the seller’s withdrawal notice governing this matter shall apply.

5.3 If the customer is acting as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity appointed to arrange shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to accept delivery once the goods have been handed over to them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods will also pass to the customer (even for consumers) as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity appointed to arrange shipment, if the customer commissioned that freight forwarder, carrier, or other appointed person or entity to handle the shipment, and the seller had not previously named that person or entity to the customer.

5.4 If the customer is a consumer residing in Germany or a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply (failure of the seller's supplier to deliver correctly or properly). This provision only applies if the seller is not responsible for the failure to deliver, and the seller has entered into a specific cover transaction with their supplier in compliance with required due diligence. The seller will undertake all reasonable efforts to procure the goods. In the event that the goods are completely unavailable or only partially available, the customer will be notified immediately, and any corresponding payments will be refunded to the customer without delay.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of title

If the seller performs in advance, they retain title to the delivered goods until full payment of the owed purchase price has been made.

7) Defect Liability (Warranty)

Unless otherwise specified in the following provisions, the statutory warranty regulations apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as a merchant,

the seller shall have the right to choose the type of supplementary performance;
For new goods, the limitation period for defect claims is one year from the delivery of the goods;
for used goods, all defect claims are excluded;
the limitation period does not begin to run anew if a replacement shipment is made under the terms of the warranty for defects.

7.2 The above-outlined limitations of liability and shortened limitation periods shall not apply

for the customer’s claims for damages and reimbursement of expenses,
in the event that the seller fraudulently concealed the defect,
for goods that were used for a building in accordance with their normal intended use, and which caused that building’s defectiveness,
for any existing obligation of the seller to provide updates for digital products, where applicable, in relation to contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the customer is a merchant within the meaning of § 1 HGB, they are subject to the merchant’s obligation to inspect and report defects pursuant to § 377 HGB. If the customer fails to comply with the notification requirements set out therein, the goods are deemed to have been approved.

7.5 If the customer is acting as a consumer, they are requested to report any obvious transit damage to delivered goods to the delivery courier, and notify the seller of this issue. Failure to do so will not in any way impact their statutory or contractual defect claims.

8) Liability

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

8.1 The seller accepts unlimited liability for any legal reason whatsoever

in cases of intentional misconduct or gross negligence
in the event of intentional or negligent harm to life, limb, or health,
under a warranty guarantee, unless otherwise specified in this regard,
due to mandatory liability, such as that arising under the Product Liability Act.

8.2 If the customer is a consumer based in Germany or a business entity, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, their liability is limited to the contract-typical, foreseeable damage, unless they are subject to unlimited liability pursuant to the preceding clause. Material contractual obligations are duties that the contract imposes on the seller under its terms to achieve the purpose of the contract, whose fulfillment first enables the proper execution of the contract, and whose compliance the customer may regularly rely on. All other liability on the part of the seller is excluded, unless the seller is subject to unlimited liability pursuant to the preceding clause.

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

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not revoke the protection granted to the consumer by mandatory provisions of the law of the state in which the consumer maintains their habitual residence.