Terms of service

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General Terms and Conditions with Customer Information

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Table of Contents

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  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. Applicable Law
  10. Place of Jurisdiction
  11. Alternative Dispute Resolution


1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of benuta GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in exercise of their commercial or self-employed professional activity.

2) 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 allow 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. By placing the selected goods in the virtual shopping cart, completing the electronic ordering process, and clicking the button concluding the order process, the Customer submits a legally binding offer regarding the goods in the shopping cart.

2.3 The Seller may accept the Customer’s offer within five days

  • by sending the Customer a written order confirmation or order confirmation in text form (fax or email), whereby the receipt of the confirmation by the Customer is decisive, or

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

  • by requesting the Customer to make payment after the order is placed.

If several of the above alternatives occur, the contract is concluded at the moment the first of these alternatives occurs. The period for acceptance begins on the day after the offer is sent by the Customer and ends at the end 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 rejected, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., under the PayPal terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the Customer has no PayPal account—under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When paying via a PayPal payment method selectable in the online order process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding 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 the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order is sent. Beyond this, the Seller does not make the contract text accessible. If the Customer has created a user account before submitting the order, the order data is archived on the Seller’s website and can be accessed by the Customer via their password-protected account.

2.6 Before submitting a binding order, the Customer can identify possible input errors by carefully reviewing the displayed information. A useful technical tool can be the browser’s zoom function. The Customer may correct their entries during the electronic order process until clicking the final button.

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

2.8 Order processing and communication generally take place via email and automated systems. The Customer must ensure that the email address provided is correct and capable of receiving emails from the Seller. When using spam filters, the Customer must ensure that all emails from the Seller or commissioned third parties can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are listed separately.

4.2 For deliveries to countries outside the EU, additional costs may arise (e.g., bank transfer fees, customs duties or taxes) which are to be borne by the Customer. Such costs may also arise for cross-border payments even if the delivery itself occurs within the EU.

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

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract unless a later due date is agreed.

4.5 If the Customer selects a payment method offered via “Shopify Payments,” payment is processed by Stripe Payments Europe Ltd. Stripe may use additional payment services for processing. Further information is available at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery is made to the delivery address specified by the Customer within the stated delivery area unless agreed otherwise.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs arising to the Seller. This does not apply to outbound shipping costs when the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration passes to the Customer when the Seller hands the goods to the carrier. If the Customer is a consumer, the risk passes only upon delivery unless the Customer commissioned the carrier themselves and the Seller did not name the carrier beforehand.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery, provided the Seller is not responsible and has made reasonable efforts to procure the goods. The Customer will be informed immediately and reimbursed.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

6.1 For consumers, the Seller retains ownership of the goods until full payment is received.

6.2 For entrepreneurs, ownership remains with the Seller until all claims from the business relationship are settled.

6.3 Additional provisions for entrepreneurs include rules concerning processing, mixing, resale, assignment of claims, and exceeding security limits.

7) Liability for Defects (Warranty)

Unless otherwise stated, statutory warranty regulations apply.

For contracts concerning the delivery of goods:

7.1 For entrepreneurs:

  • The Seller may choose the type of subsequent performance;

  • The limitation period for new goods is one year;

  • Used goods are excluded from warranty;

  • Limitation periods do not restart after replacement delivery.

7.2 Limitations do not apply to:

  • Claims for damages or reimbursement of expenses;

  • Fraudulent concealment of defects;

  • Goods used for construction purposes that cause defects;

  • Obligations to provide updates for digital elements in goods.

7.3 Statutory recourse rights remain unaffected.

7.4 For merchants, the inspection and notification obligations under § 377 HGB apply.

7.5 Consumers are asked—but not obligated—to report visible transport damage to the carrier and notify the Seller.

8) Liability

The Seller is liable as follows:

8.1 Unlimited liability:

  • for intent or gross negligence;

  • for injury to life, body, or health;

  • under a guarantee, if applicable;

  • under mandatory liability laws (e.g., Product Liability Act).

8.2 For negligent breach of essential contractual obligations, liability is limited to foreseeable, typical damages.

8.3 Otherwise, liability is excluded.

8.4 These rules also apply to the Seller’s agents and legal representatives.

9) Applicable Law

German law applies, excluding international sales law. For consumers, this applies only insofar as mandatory laws of their country of residence are not deprived.

10) Place of Jurisdiction

For merchants, public law entities, or special public funds located in Germany, the Seller’s business location is the exclusive place of jurisdiction. For Customers located outside Germany acting in a commercial capacity, the Seller’s business location is likewise the place of jurisdiction. However, the Seller may always sue at the Customer’s location.

11) Alternative Dispute Resolution

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