Terms of service
Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
- 1) Scope
1.1 These Terms and Conditions (hereinafter "T&Cs") of Rowka Hauke, trading under “Einherjar” (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or an entrepreneur (hereinafter "Customer") and the Seller relating to goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 These T&Cs also apply to contracts for the supply of vouchers, unless otherwise regulated.
1.3 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit an offer via the integrated online order form. After placing the selected goods in the virtual shopping cart and completing the electronic checkout process, the Customer submits a legally binding offer to purchase the goods in the cart by clicking the final order button.
2.3 The Seller may accept the Customer’s offer within five days by:
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Sending a written order confirmation or confirmation in text form (email or fax), the receipt of which is decisive; or
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Delivering the ordered goods, the receipt of which is decisive; or
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Requesting payment from the Customer after the order has been submitted.
If multiple of the above options apply, the contract is concluded when the earliest action takes place. The period for acceptance begins the day after the Customer submits the offer and ends at the end of the fifth day thereafter. If the Seller does not accept the offer within this period, the offer is deemed rejected and the Customer is no longer bound.
2.4 If the Customer selects a PayPal payment method, payment processing occurs through PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, in accordance with PayPal’s terms of use. If the Customer pays using a PayPal payment option available during checkout, the Seller already declares acceptance of the Customer’s offer at the moment the Customer clicks the order button.
2.5 After contract conclusion, the Seller stores the contract text and sends it to the Customer in text form (email, fax or letter). The Seller does not provide further access. Customers with a user account may view archived order data in their password-protected account.
2.6 Before final submission, the Customer may correct input errors by carefully reviewing on-screen information. Browser zoom functions may assist in checking entries. Adjustments can be made at any time before clicking the order completion button.
2.7 Contract languages available are displayed in the online shop.
2.8 Order handling and communications generally occur via email. The Customer must ensure that the provided email address is accurate and capable of receiving automated messages. SPAM filter settings must allow incoming messages from the Seller or appointed service providers.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Further details are available in the Seller’s withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise indicated, all prices shown are total prices including statutory VAT. Any applicable shipping costs are stated in the product description.
4.2 For deliveries outside the EU, additional charges may apply (e.g., bank transfer fees, exchange fees, import duties or taxes such as customs fees), which must be borne by the Customer. This may also apply to payments made from outside the EU even if delivery occurs within the EU.
4.3 Available payment options are indicated in the online shop.
4.4 Payments made via PayPal may involve third-party payment providers. Where PayPal offers payment methods involving Seller pre-financing (e.g. invoice or instalment purchase), the Seller assigns its claim to PayPal or an appointed payment provider. Before acceptance, PayPal performs a credit check. The Seller may refuse the payment method based on negative results. Payments may then only be made with debt-discharging effect directly to PayPal. The Seller remains responsible for general order enquiries (delivery, complaints, returns, refunds, etc.).
4.5 If Shopify Payments is selected, payment processing occurs through Stripe Payments Europe Ltd., Dublin, Ireland. Additional payment providers may be used.
5) Delivery and Shipping Conditions
5.1 Goods are delivered to the delivery address specified by the Customer, within the delivery area stated by the Seller.
5.2 If delivery fails for reasons attributable to the Customer, the Customer must bear the reasonable costs arising, except where exercising statutory withdrawal rights.
5.3 Risk transfer:
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For entrepreneurs: risk transfers upon handing over goods to the carrier.
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For consumers: risk transfers upon delivery to the Customer, unless the Customer commissioned the carrier without Seller indication, in which case risk transfers upon handover to the carrier.
5.4 The Seller reserves the right to withdraw from the contract if the Seller is not properly supplied by suppliers, despite reasonable efforts. The Customer will be informed immediately and refunded.
5.5 Collection in person is not possible for logistical reasons.
5.6 Vouchers are provided either:
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Via email, or
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By post.
6) Retention of Title
Where the Seller performs in advance, ownership remains with the Seller until full payment is received.
7) Liability for Defects (Warranty)
Unless otherwise stated, statutory warranty law applies.
7.1 For entrepreneurs:
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The Seller may choose the type of remedy;
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New goods have a one-year limitation period;
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Used goods are excluded from warranty;
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Remedy does not restart limitation periods.
7.2 Limitations do not apply:
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To damages or reimbursement claims;
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Where defects were fraudulently concealed;
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For goods used in building structures causing defect;
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For obligations to provide updates for digital elements.
7.3 Statutory recourse rights for entrepreneurs remain unaffected.
7.4 For merchants under §1 HGB, inspection and notification obligations (§377 HGB) apply. Failure results in deemed approval.
7.5 Consumers are asked, but not required, to report visible transport damage. Non-compliance does not affect legal rights.
8) Liability
The Seller is liable:
8.1 Without limitation:
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For intent or gross negligence;
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For injury to life, body or health;
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Under assumed guarantees;
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Under mandatory laws such as product liability.
8.2 For negligent breach of essential contractual obligations, liability is limited to foreseeable typical damage, unless otherwise stated above.
8.3 Otherwise, liability is excluded.
8.4 These rules extend to legal representatives and agents.
9) Redemption of Promotional Vouchers
9.1 Promotional vouchers issued free of charge for a limited period cannot be purchased and are redeemable only in the online shop and only within the stated period.
9.2 Some products may be excluded if noted.
9.3 Promotional vouchers must be redeemed before order completion. No retroactive application.
9.4 Only one promotional voucher per order.
9.5 Goods must equal or exceed the voucher value. Remaining credit is not refunded.
9.6 Any outstanding balance may be paid using alternative payment methods.
9.7 Voucher credit is not paid out in cash nor interest-bearing.
9.8 Promotional vouchers are not refunded for returned goods.
9.9 Vouchers are for the named person only. Transfer is prohibited. The Seller may verify entitlement.
10) Redemption of Gift Vouchers
10.1 Gift vouchers purchased from the online shop may only be used there.
10.2 Gift vouchers and balances are redeemable until the end of the third year following purchase. Remaining balances are stored until expiry.
10.3 Redemption must occur before checkout. No retroactive application.
10.4 Multiple gift vouchers may be used per order.
10.5 Gift vouchers cannot be used to purchase further vouchers.
10.6 If voucher value is insufficient, remaining balance may be paid using other methods.
10.7 Voucher balances are not paid out in cash nor interest-bearing.
10.8 Gift vouchers are transferable. The Seller may honour redemption to the holder unless aware of entitlement issues.
11) Applicable Law
German law applies, excluding CISG. For consumers, this applies only insofar as mandatory protection of consumer’s home jurisdiction is not violated.
12) Alternative Dispute Resolution
The Seller is not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.