Terms of Service

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts concluded with us as the provider via the online platform With Blood and Tears. Unless otherwise agreed, any terms and conditions of yours that deviate from these will not be recognized.

  2. A consumer, within the meaning of the following provisions, is any natural person who enters into a legal transaction for purposes that predominantly are not related to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.


§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods.

  2. If an item is listed online for sale, the activation of the product page constitutes a binding offer to conclude a contract under the conditions specified on the item page.

  3. The contract is concluded via the online shopping cart system as follows:
    Items intended for purchase are placed in the "shopping cart." You can access and modify the "shopping cart" at any time using the appropriate button in the navigation bar. After selecting the payment method and proceeding to the "Checkout" or "Pay with PayPal" page, you will be prompted to enter your personal information and payment details. A final overview of all order details will then be displayed on the order summary page.

  4. Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out, in part, automatically via email. Therefore, you must ensure that the email address you have provided is accurate, and that the receipt of emails is technically guaranteed, particularly not blocked by spam filters.

If you use an instant payment system (e.g., PayPal or Sofort), you will first be redirected to the provider's website for the respective payment system. There, you can make the necessary selections or enter your data. After completing the process, you will be redirected back to our order summary page.

§ 3 Right of Retention, Retention of Title

  1. You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price has been made.

  3. If you are running a business, the following additionally applies:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transferring the goods as security is not permitted before the transfer of ownership.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice amount; we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of combining and mixing the goods subject to retention of title, we acquire joint ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We commit to releasing the securities to which we are entitled upon your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.


§ 4 Warranty

  1. There are statutory warranty rights for defects.
  2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and damage during transport and to inform both us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
  3. If a characteristic of the goods deviates from the objective requirements, the deviation will only be considered agreed upon if you were informed about it by us before submitting the contract declaration and the deviation was explicitly and separately agreed upon between the contracting parties.
  4. If you are running a business, the following applies instead of the previous warranty provisions:

a) The condition of the goods is only defined by our own specifications and the manufacturer's product description, not by any other advertising, public promotions, or statements from the manufacturer.

b) In case of defects, we will, at our discretion, provide warranty through repair or replacement. If the defect cannot be remedied, you can choose either a reduction in price or withdrawal from the contract. The defect remedy is considered unsuccessful after a second attempt if no different outcome results from the nature of the goods, the defect, or other circumstances. In the case of repair, we are not responsible for additional costs that arise from transporting the goods to a location other than the place of performance, unless the transport is necessary for the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The limitation period does not apply to:

  • Damages caused by our fault resulting in injury to life, body, or health, and other damages caused intentionally or through gross negligence;
  • If we have concealed the defect fraudulently or have assumed a guarantee for the condition of the goods;
  • Goods that are used for construction in accordance with their usual use and have caused defects in the building;
  • Statutory recourse claims you have against us in connection with warranty rights.


§ 5 Governing Law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Sales Convention (CISG) explicitly do not apply.

II. Customer Information

1. Identity of the Seller

With Blood and Tears Shop
Mathias Grilz
Potsdamer Straße 38
14513 Teltow
Germany
Email: withbloodandtearsbrand@web.de

Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.

We are neither willing nor obliged to participate in dispute resolution procedures before consumer arbitration boards.


2. Information on the Conclusion of the Contract

The technical steps for contract formation, the conclusion of the contract itself, and the correction options are in accordance with the regulations under "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Storage of the Contract Text

3.1. We do not store the full contract text. Before submitting the order, the contract data can be printed or saved electronically via the browser's print function. After receipt of the order by us, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They are available via a corresponding button on our website or in the respective offer, will be separately listed during the order process, and must be paid by you, unless free shipping is offered.

5.3. Additional costs that are not attributable to us, such as customs duties, taxes, or money transfer fees (e.g., transfer or exchange rate fees of the banks), may apply due to delivery, and these are your responsibility.

5.4. You are responsible for any money transfer fees (e.g., bank transfer or exchange rate fees) if the delivery is to an EU member state, but payment is made from outside the European Union.

5.5. The available payment methods are listed via a corresponding button on our website or in the respective offer.

5.6. Unless otherwise specified for individual payment methods, payment claims from the concluded contract are due immediately.

6. Delivery Terms

6.1. The delivery conditions, delivery date, and any applicable delivery restrictions can be found on a corresponding button on our website or in the respective offer. Unless otherwise specified in the offer or on the corresponding button, delivery will take place within 3-5 days after the conclusion of the contract (if prepayment is agreed, however, only after the payment instruction is received).

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and deterioration of the goods during shipping transfers to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently have commissioned a transport company or another person not named by the seller for the execution of the shipment.

If you are an entrepreneur, delivery and shipping are at your own risk.

7. Legal Warranty

The warranty liability is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).