Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope

  2. Formation of the Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Terms

  6. Retention of Title

  7. Liability for Defects (Statutory Warranty)

  8. Liability

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (“Terms”) of Kevin Oppert, trading as “ActofValorClothing” (“we/us”), apply to all contracts for the supply of goods that you, as a consumer or business customer (“you”), conclude with us concerning the goods displayed in our online shop. We reject the incorporation of your own terms and conditions unless we have agreed otherwise with you.

1.2 You are a consumer within the meaning of these Terms if you enter into a legal transaction for purposes that are predominantly outside your trade, business or self-employed professional activity.

1.3 You are a business customer within the meaning of these Terms if you are a natural or legal person, or a partnership with legal capacity, acting in the course of your trade, business or self-employed professional activity when entering into a legal transaction.

2) Formation of the Contract

2.1 The product descriptions in our online shop do not constitute binding offers on our part. Instead, they invite you to submit a binding offer.

2.2 You can submit your offer using the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the goods in your shopping cart by clicking the button that completes the ordering process.

2.3 We may accept your offer within five days:

  • By sending you a written order confirmation or an order confirmation in text form, such as fax or email, in which case your receipt of the order confirmation is decisive; or

  • By delivering the goods you ordered, in which case your receipt of the goods is decisive; or

  • By requesting payment from you after you have placed your order.

If more than one of these alternatives occurs, the contract is concluded when the first of these events takes place. The period for accepting your offer begins on the day after you send your offer and ends at the close of the fifth day following its submission. If we do not accept your offer within this period, it is deemed rejected and you are no longer bound by your offer.

2.4 If you select a payment method offered by PayPal, payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at:

https://www.paypal.com/de/legalhub/paypal/useragreement-full

If you do not have a PayPal account, the terms for payments without a PayPal account apply, available at:

https://www.paypal.com/de/legalhub/paypal/privacywax-full

If you pay using a PayPal payment method available during the online ordering process, we hereby declare our acceptance of your offer at the moment you click the button that completes the ordering process.

2.5 When you order through our online order form, we store the contract text after the contract has been concluded and send it to you in text form, such as email, fax or letter, after you submit your order. We do not provide any further access to the contract text. If you created a user account in our online shop before submitting your order, your order details are archived on our website and can be accessed free of charge through your password-protected user account using the relevant login details.

2.6 Before submitting a binding order through our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. Your browser’s zoom function, which enlarges the screen display, may help you identify input errors. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

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

2.8 Order processing and communication generally take place by email and through automated order processing. You must ensure that the email address you provide for order processing is correct and can receive the emails we send. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties engaged by us to process your order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information about the right of withdrawal is provided in our withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices. VAT is not shown separately because we qualify as a small business under the German Value Added Tax Act (UStG). Any additional delivery and shipping costs are stated separately in the relevant product description.

4.2 The available payment methods are displayed in our online shop.

4.3 If you select a payment method offered through PayPal, payment is processed through PayPal, which may also use the services of third-party payment providers. If we offer PayPal payment methods under which we provide goods or services before receiving payment, such as purchase on account or installment payments, we assign our payment claim to PayPal or to the payment provider engaged by PayPal and specifically identified to you.

Before accepting the assignment, PayPal or its appointed payment provider carries out a creditworthiness assessment using the customer data transmitted. We reserve the right to refuse the selected payment method if the assessment produces a negative result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, only payment to PayPal or its appointed payment provider discharges your payment obligation.

Even if the payment claim is assigned, we remain responsible for general customer inquiries, including questions about goods, delivery times, shipping, returns, complaints, withdrawal declarations and related returns, or credit notes.

4.4 If you select the “Sofortüberweisung” payment method, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). To pay the invoice amount using Sofortüberweisung, you must have an online banking account enabled for this service, authenticate yourself during the payment process and confirm the payment instruction. Klarna then executes the payment transaction immediately and debits your bank account. Further information about Sofortüberweisung is available at:

https://www.klarna.com/sofort/

4.5 If you select a payment method offered through Shopify Payments, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered through Shopify Payments are displayed in our online shop. Shopify may use additional payment services to process payments. These may be subject to separate payment terms, which will be brought to your attention where applicable. Further information about Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments/de

4.6 If you select a payment method offered through Apple Pay, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered through Apple Pay are displayed in our online shop. Apple may use additional payment services to process payments. These may be subject to separate payment terms, which will be brought to your attention where applicable. Further information about Apple Pay is available at:

https://www.apple.com/de/apple-pay/

4.7 If you select a payment method offered through Google Pay, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered through Google Pay are displayed in our online shop. Google may use additional payment services to process payments. These may be subject to separate payment terms, which will be brought to your attention where applicable. Further information about Google Pay is available at:

https://pay.google.com/intl/de_de/about/

5) Delivery and Shipping Terms

5.1 Where we offer shipping, goods are delivered within our specified delivery area to the delivery address you provide, unless otherwise agreed. The delivery address recorded in our order processing system is decisive for processing the transaction.

5.2 If delivery fails for reasons for which you are responsible, you must bear the reasonable costs we incur as a result. This does not apply to the costs of the original shipment if you validly exercise your right of withdrawal. If you validly exercise your right of withdrawal, return shipping costs are governed by the provisions in our withdrawal instructions.

5.3 If you are acting as a business customer, the risk of accidental loss of or accidental deterioration in the goods passes to you as soon as we hand the goods over to the forwarding agent, carrier or other person or organization appointed to carry out shipment.

If you are acting as a consumer, the risk of accidental loss of or accidental deterioration in the goods generally passes to you only when the goods are handed over to you or a person authorized to receive them.

As an exception, this risk passes to you upon handover to the forwarding agent, carrier or other person or organization appointed to carry out shipment even if you are acting as a consumer, where you have commissioned that person or organization yourself and we had not previously identified that person or organization to you.

5.4 If you are acting as a consumer resident in Germany or as a business customer, we reserve the right to withdraw from the contract if our supplier fails to supply us correctly or properly. This applies only if we are not responsible for the failure to supply and we have exercised due care in entering into a specific corresponding procurement transaction with the supplier. We will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partly available, you will be informed without undue delay and any payment you have made will be refunded without undue delay.

5.5 Collection in person is not available for logistical reasons.

6) Retention of Title

If we deliver goods before receiving payment, we retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Statutory Warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects apply. The following exceptions apply to contracts for the supply of goods:

7.1 If you are acting as a business customer:

  • We may choose the form of subsequent performance, meaning repair or replacement.

  • For new goods, the limitation period for claims relating to defects is one year from delivery.

  • Claims relating to defects in used goods are excluded.

  • The limitation period does not restart when replacement goods are supplied under our liability for defects.

7.2 The limitations of liability and shortened limitation periods specified above do not apply:

  • To your claims for damages or reimbursement of expenses;

  • If we have fraudulently concealed a defect;

  • To goods that have been used for a building in accordance with their usual purpose and have caused the building to be defective;

  • To any obligation we may have to provide updates for digital products under contracts for the supply of goods with digital elements.

7.3 For business customers, the statutory limitation periods for any statutory right of recourse also remain unaffected.

7.4 If you are a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial obligation to inspect goods and report defects pursuant to Section 377 HGB. If you fail to comply with the notification obligations specified there, the goods are deemed accepted.

7.5 If you are acting as a consumer, we ask you to report any obvious transport damage to the delivery agent and inform us accordingly. Failure to do so does not affect your statutory or contractual claims relating to defects.

8) Liability

Our liability to you for damages and reimbursement of expenses arising from contractual, quasi-contractual and statutory claims, including claims in tort, is governed by the following provisions:

8.1 We are liable without limitation, regardless of the legal basis:

  • In cases of intent or gross negligence;

  • In cases of intentional or negligent injury to life, body or health;

  • Under a guarantee undertaking, unless otherwise provided in that undertaking;

  • Where liability is mandatory, for example under the German Product Liability Act.

8.2 If you are acting as a consumer resident in Germany or as a business customer, the following limitations of liability apply:

If we negligently breach an essential contractual obligation, our liability is limited to the foreseeable damage typical of the contract, unless we are liable without limitation under the preceding clause.

Essential contractual obligations are obligations imposed on us by the contract’s content to achieve its purpose, whose fulfillment is necessary for the proper performance of the contract and on whose observance you may regularly rely.

Otherwise, our liability is excluded unless we are liable without limitation under the preceding clause.

8.3 The liability provisions above also apply to our liability for persons engaged to perform our obligations and for our legal representatives.

9) Applicable Law

All legal relationships between us are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

If you are acting as a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.

10) Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

© IT-Recht Kanzlei

Last updated: August 20, 2026, 11:27:05