Terms & Conditions

I. General Provisions

1. The following terms and conditions apply to all contracts you enter into with us as the provider (Julian Baumgaertner/Odin’s Wolves) via the website www.odins-wolves.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

2. A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.

II. LANGUAGE OF THE AGREEMENT

This agreement is written in German, English, and other languages. Only the German version is authoritative and legally binding. The English and other language versions are provided for informational purposes only. You can find the German version here.

III. CONCLUSION OF THE CONTRACT

1. The subject matter of the contract is the purchase of goods.

2. The listings on our website constitute merely a non-binding invitation to treat and in no way a binding offer.

3. Placing an order by submitting the shopping cart in the final step of the ordering process constitutes a binding offer on your part, which we may accept or reject. The order confirmation merely constitutes an acknowledgment of receipt of this offer and does not yet constitute a declaration of acceptance on our part.

4. The contract is concluded when we accept your offer to purchase the ordered goods. Unless a separate declaration of acceptance is provided, the shipping notification shall be deemed acceptance of your offer.

IV. PRICES AND PAYMENT

1. For all sales within the European Union, our prices include sales tax/value-added tax (VAT). Delivery, shipping, and packaging costs are not included in our prices but are shown separately in the final step of the ordering process.

2. For sales to countries outside the European Union, our prices do not include sales tax unless explicitly stated otherwise. Duties and taxes might apply for sales to countries outside the European Union and must be paid by the buyer.

3. Payment of the purchase price must be made exclusively to the account specified on the invoice. A discount may only be applied if specifically agreed to in writing.

4. Unless otherwise agreed, the purchase price is due within 14 days of the invoice date. Interest on late payments will be charged at a rate of 5% above the respective base interest rate per annum. We reserve the right to claim higher damages resulting from default. In the event that we claim higher damages resulting from default, the purchaser has the opportunity to prove to us that the claimed damages did not occur or, at the very least, were incurred in a lower amount.

V. SET-OFF AND RIGHTS OF RETENTION

The purchaser is entitled to set-off claims only if such claims have been legally established or are undisputed. The purchaser is also entitled to set-off against our claims if he asserts notices of defects or counterclaims arising from the same purchase contract. The purchaser is authorized to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.

VI. DELIVERY TIME

1. Unless an expressly binding delivery date has been agreed upon, our delivery dates or delivery periods are provided solely as non-binding estimates.

2. The start of the delivery period specified by us is contingent upon the timely and proper fulfilment of the purchaser’s obligations. We reserve the right to raise the defense of non-performance of the contract.

3. Two weeks after a non-binding delivery date or delivery period has been exceeded, the purchaser may request us in writing to deliver within a reasonable period. If we fail to meet an express delivery date or delivery period through our own fault, or if we fall into default for any other reason, the buyer must set us a reasonable grace period for performance. If we allow the grace period to elapse without fulfilling our obligation, the buyer may rescind the purchase contract.

4. If the purchaser is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damages incurred as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the buyer reserves the right to prove that damages in the amount claimed did not occur, or at least not in the amount asserted. The risk of accidental loss or accidental deterioration of the purchased goods passes to the buyer at the time the buyer falls into default of acceptance or payment.

5. The purchaser’s other statutory claims and rights arising from a delay in delivery remain unaffected.

VII. RETENTION OF TITLE

1. We retain title to the delivered goods until full payment of all claims arising from the delivery contract has been made.

2. The purchaser is obligated to treat the purchased goods with due care as long as title has not yet passed to the purchaser. As long as title has not yet passed, the purchaser must notify us immediately in writing if the delivered goods are subject to attachment or other interventions by third parties. To the extent that the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit pursuant to § 771 of the German Code of Civil Procedure (ZPO), the purchaser shall be liable for the loss incurred by us.

VIII. WARRANTY AND NOTIFICATION OF DEFECTS

1. Unless the information contained in our offer documents has been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.

2. To the extent that the delivered item does not meet the subjective requirements, the objective requirements, or the installation requirements listed below, we are obligated to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance based on statutory provisions.

The item does not meet the subjective requirements if it a) does not possess the characteristics agreed upon between the purchaser and us, b) is not suitable for the use intended under our contract, and c) is not delivered with the agreed-upon accessories and instructions, including assembly and installation instructions.

Unless otherwise agreed between the purchaser and us in compliance with applicable information and formal requirements, the item does not meet the objective requirements if it a) is not suitable for its ordinary use, b) does not possess the quality customary for goods of the same kind and which the purchaser may expect, taking into account the nature of the goods and any public statements made by us or another party in the contractual chain or on their behalf—in particular in advertising or on the label, c) does not correspond to the characteristics of a sample or model that we made available to the purchaser prior to the conclusion of the contract, and d) is not delivered with the accessories, including the packaging, assembly or installation instructions, and other instructions that the purchaser can reasonably expect to receive.

A valid separate agreement between the purchaser and us regarding the objective requirements of the goods presupposes that the purchaser was specifically informed, prior to submitting their declaration of contract, that a certain characteristic of the goods deviates from the objective requirements, and that the deviation in this sense was expressly and separately agreed upon in the contract.

3. The purchaser initially has the choice of whether subsequent performance shall take the form of repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen by the purchaser if it is possible only at disproportionate cost and the other type of subsequent performance does not entail any significant disadvantages for the purchaser. During the period of subsequent performance, the purchaser is precluded from demanding a reduction in the purchase price or rescinding the contract. A repair is deemed to have failed upon the first unsuccessful attempt, unless the nature of the item or the defect, or other circumstances, indicate otherwise. If the remedy has failed or if we have refused to provide a remedy altogether, the buyer may, at their discretion, demand a reduction in the purchase price (price reduction) or declare their withdrawal from the contract. The buyer is not required to set a deadline for us to provide a remedy. Once the buyer has notified us of the defect, a reasonable period has elapsed, and no subsequent performance has occurred by that time, the buyer is also entitled to rescind the contract or claim a reduction in price.

4. The buyer may not assert claims for damages arising from the defect under the following conditions until subsequent performance has failed or we have refused to provide subsequent performance. The purchaser is not required to set a deadline for us to remedy the defect. As soon as the purchaser has notified us of the defect, a reasonable period has elapsed, and no remedy has been provided by that time, the purchaser is also entitled to assert claims for damages. The purchaser’s right to assert further claims for damages under the following conditions remains unaffected by this.

5. The purchaser’s right to assert further claims for damages under the following conditions remains unaffected by this. Notwithstanding the foregoing provisions and the following limitations of liability, we are fully liable for damage to life, bodily injury, and health resulting from a negligent or intentional breach of duty by our legal representatives or our agents, as well as for damages covered by liability under the Product Liability Act, and for all damages resulting from intentional or grossly negligent breaches of contract or fraudulent misrepresentation by our legal representatives or our agents. To the extent that we have provided a guarantee of quality and/or durability with respect to the goods or parts thereof, we shall also be liable within the scope of such guarantee. However, for damages resulting from the absence of the guaranteed quality or durability but not occurring directly to the goods, we shall be liable only if the risk of such damage is clearly covered by the guarantee of quality and durability.

6. We are also liable for damages caused by simple negligence, to the extent that such negligence concerns the breach of contractual obligations whose fulfilment is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are liable only to the extent that the damages are typically associated with the contract and are foreseeable. We are not liable for breaches of non-essential ancillary obligations caused by simple negligence. The limitations of liability contained in sentences 1–3 also apply to the liability of legal representatives, executive officers, and other agents.

7. Any further liability is excluded, regardless of the legal nature of the claim asserted. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and agents.

8. The warranty period is generally 2 years, calculated from the transfer of risk. If a defect becomes apparent within the limitation period, the limitation period does not begin until four months have elapsed from the date on which the defect first became apparent. If the customer has handed over the goods to us or, at our request, to a third party for subsequent performance or to satisfy claims under a warranty, the statute of limitations for claims arising from the asserted defect shall not take effect until two months have elapsed from the date on which the repaired or replaced goods were handed over to the customer. This period also applies to claims for compensation for consequential damages resulting from defects, provided that no claims arising from tort are asserted.

9. Unless and to the extent that statutory provisions provide otherwise, the rights set forth in VIII.1–8 apply only if the buyer has his or her habitual residence or principal place of business within the European Union. They do not apply to sales contracts concluded with parties outside the European Union where delivery is made to countries that are not member states of the European Union.

IX. MISCELLANEOUS

1. This contract and all legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. Should any provision of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.