Terms and Conditions with Customer Information

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Governing law
  10. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Bertrand Dahi, acting under “Bertrand Dahi” (hereinafter “Seller”), apply to all contracts for the delivery of goods which a consumer or business customer (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions 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 are predominantly neither attributable to their commercial activity nor to their independent professional activity.

1.3 A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial activity or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions included in the Seller’s online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. In doing so, after the Customer has placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, by clicking the button that completes the ordering process the Customer submits a legally binding offer for a contract in respect of the goods contained in the shopping cart. The Customer may also submit the offer to the Seller by email, via the online contact form, by post, or by telephone.

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), with the Customer’s receipt of the order confirmation being decisive in this respect, or
  • by delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive in this respect, or
  • by requesting payment from the Customer after the Customer has placed its order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer starts running on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, 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: “PayPal”), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or—if the Customer does not have a PayPal account—subject to the terms for 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 ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering 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 and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer sends its order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop prior to sending its order, the order data are archived on the Seller’s website and can be accessed by the Customer free of charge via its password-protected user account by providing the corresponding login details.

2.6 Before making a binding declaration of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors may include the browser’s zoom function, by means of which the display on the screen is magnified. The Customer may correct its inputs during the electronic ordering process using the usual keyboard and mouse functions until it clicks the button that completes the ordering process.

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 contact are generally carried out by email and automated order processing. The Customer must ensure that the email address provided by the Customer for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to any Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply are separately stated in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases that the Seller is not responsible for and that are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to money transfer even if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

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

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, provided that the parties have not agreed on a later due date.

4.5 If a payment method offered via the payment service “Mollie” is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via Mollie are communicated to the Customer in the Seller’s online shop. For payment processing, Mollie may use other payment services, for which special payment terms may apply; the Customer will be informed accordingly, where applicable, in a separate notice. Further information about “Mollie” is available on the internet at https://www.mollie.com/de/.

4.6 If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out 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 via Stripe are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use other payment services, for which special payment terms may apply; the Customer will be informed accordingly, where applicable, in a separate notice. Further information about Stripe is available on the internet at https://stripe.com/de.

4.7 If a payment method offered via the payment service “Klarna” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and the terms of Klarna in this regard can be viewed here:

https://www.eichenhain.com/de/info/bezahlung

5) Delivery and shipping terms

5.1 If the Seller offers shipment of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the course of processing the transaction, the delivery address stated in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred for the Seller as a result. This does not apply with respect to the costs of the return shipment, if the Customer effectively exercises its right of withdrawal. For the costs of returning the goods, the provisions set out in the Seller’s withdrawal policy apply in the event that the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as a business customer, the risk of accidental loss or accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the goods sold generally passes to the Customer only upon delivery of the goods to the Customer or to a person authorized to receive them. Notwithstanding the foregoing, even for consumers the risk of accidental loss or accidental deterioration of the goods sold already passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, if the Customer commissions the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment and the Seller has not previously named this person or entity to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as a business customer, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies in cases where the non-delivery is not attributable to the Seller and where the Seller has concluded a specific covering transaction with the supplier with the required diligence. The Seller will make all reasonable efforts to procure the goods. In the event the goods are unavailable or only partially available, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of title

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

7) Liability for defects (warranty)

To the extent that the following provisions do not provide otherwise, the statutory provisions on liability for defects apply. With regard to contracts for the delivery of goods, the following applies instead:

7.1 If the Customer acts as a business customer,

  • the Seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for claims related to defects is one year from delivery of the goods;
  • for used goods, claims related to defects are excluded;
  • the limitation period does not begin again if, within the framework of liability for defects, a replacement delivery is made.

7.2 The limitations of liability and shortening of time periods set out above do not apply

  • to the Customer’s claims for damages and reimbursement of expenses,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods that, according to their usual method of use, have been used for a construction work and that caused its defective condition,
  • to any obligation that the Seller may have to provide updates for digital products, in contracts for the delivery of goods containing digital elements.

7.3 In addition, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it is subject to the merchant’s duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is asked to lodge a complaint with the delivery service provider about any delivered goods showing obvious transport damage and to inform the Seller accordingly. If the Customer does not comply, this has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

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

8.1 The Seller is fully liable for any legal ground

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body or health,
  • based on a promise of a warranty, insofar as nothing else is provided in this respect,
  • based on mandatory liability such as under the Product Liability Act.

8.2 If the Customer acts as a consumer domiciled 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 contract-typical, foreseeable damage, provided it does not assume liability without limitation under the preceding section. Essential contractual obligations are obligations that the contract imposes on the Seller in order to achieve the purpose of the contract, whose performance enables the proper performance of the contract in the first place, and which the Customer may regularly rely upon for compliance. Otherwise, the Seller’s liability is excluded, insofar as it does not assume liability without limitation under the preceding section.

8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and statutory representatives.

9) Governing law

9.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on 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 granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.2 In addition, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time the contract is concluded, do not belong to any Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

10) Alternative dispute resolution

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

As of: 21.07.2026, 10:43:22