Mister Poppers Terms and Conditions

§ 1. Scope
The following terms and conditions apply to all products, sales contracts and deliveries between us, Cool Stuff Trading GmbH, and you as a customer who orders goods via our online shop.

The terms and conditions of Cool Stuff Trading GmbH apply exclusively, as well as - limited to the respective scope of application - those special and additional terms and conditions whose inclusion in the contractual relationship with you has been agreed upon. The terms and conditions valid at the time of conclusion of the contract are decisive for inclusion in the respective contract. Any deviating terms and conditions of the customer are invalid.

§ 2. Offers, prices and conclusion of contract
To shop in our online shop, you must be of legal age and at least 18 years old.

All offers presented by us are subject to these terms and conditions.

The list prices valid on the date of the order are binding. All prices include VAT and exclude shipping costs. Cool Stuff Trading GmbH reserves the right to change prices. Subject to prior sale, product discontinuation, delivery deadlines, price changes, improvements, errors, and misprints.

The information on our website merely represents product and price information. After reviewing your shopping cart, entering your personal data, and selecting your shipping and payment method, you submit a binding offer to Cool Stuff Trading GmbH by clicking the "Buy" button.

The shop system automatically confirms receipt of your order.

However, this does not constitute a contract. This contract is only concluded upon delivery of the goods or upon receipt of a separate email confirming the processing or dispatch of your ordered goods.

§ 3. Right of withdrawal

Right of withdrawal for consumers
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity:

Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day

on which you or a third party other than the carrier designated by you took possession of the goods, if you ordered one or more goods as part of a single order and the goods are or will be delivered as a single item;
on which you or a third party other than the carrier designated by you took possession of the last good, if you have ordered several goods as part of a single order and the goods are delivered separately;
on which you or a third party other than the carrier designated by you took possession of the last partial shipment or the last piece if you have ordered goods that are delivered in several partial shipments or pieces;

If several of the above alternatives apply, the cancellation period only begins to run when you or a third party designated by you, who is not the carrier, has taken possession of the last goods or the last partial shipment or the last item.

To exercise your right of withdrawal, you must inform us (Cool Stuff Trading GmbH, Erdmannstr. 12, 10827 Berlin, Germany, email: service[at]mister-poppers-shop.de) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising your right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation:
If you cancel the contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will we charge you any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling by you that is not necessary to check the quality, properties, and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;
for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.

> > > to the cancellation form

End of the cancellation policy

§ 4. Payment
You can pay for the goods during the ordering process using the following payment methods:

Credit card (VISA, Mastercard, American Express)
Instant bank transfer
PayPal
Prepayment (delivery takes place immediately after receipt of payment)

An order confirmation will be sent by email after the order details have been verified.

If you don't receive your order, please contact us by email. We will immediately check the shipment and, if necessary, arrange a replacement.

§ 5. Delivery
Goods will be dispatched after full receipt of the total order amount. We reserve the right to make partial deliveries. The packaging and shipping fee will only be charged once per order. Delivery will be made as quickly as possible. If the delivery time is exceeded by more than four weeks, you have the right to set a grace period, stating that you will refuse acceptance of the purchased item after the expiry of the grace period. This grace period must be at least one month. Further claims - in particular for delivery - are excluded. We reserve the right to withdraw from the contract in the event that delivery is not made, not made on time, or not made correctly because we ourselves were not supplied on time and/or not correctly and are not responsible for the unavailability of the goods.

If you specify a Packstation as your delivery address, the goods will automatically be sent by Deutsche Post (DHL).

The shipment will be made in sturdy, neutral packaging with discreet sender information.

§ 6. Transfer of risk
Consumers are natural persons who enter into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. If you are a consumer, the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. If you are not a consumer, delivery and shipping are at your own risk.

§ 7. Return/Complaint/Exchange
Returns or exchanges of products are generally only possible within 14 days for items in unused condition and in the unopened original packaging after obtaining a processing number from us.

Returns or exchanges are only possible against credit.

Postage may be charged again for a new delivery.

Despite all due care, damage may occur during transport. Complaints regarding delivery damage, delivery scope, material defects, incorrect deliveries, and quantity discrepancies must be submitted to us in writing by email immediately, but no later than three business days after receipt of the goods.

In the case of justified complaints, we will replace any missing items or repair the goods free of charge. The deadline for this is at least four weeks. If the replacement delivery or repair fails, you may, subject to exclusion, choose to exchange the goods, grant a discount, or cancel the order.

Send goods first after prior approval by us !

You will initially be responsible for the shipping costs and they will be refunded to you immediately once the goods arrive at our warehouse.

Shipping is at your own risk.

Your claims for damages and reimbursement of expenses, regardless of the legal basis, in particular due to breach of obligations arising from the contractual relationship and tort, are excluded.

This does not apply to mandatory liability, e.g., under the Product Liability Act, in cases of intent, gross negligence, injury to life, body, or health, or breach of essential contractual obligations. However, the claim for damages for breach of essential contractual obligations is limited to the typical, foreseeable damage, unless there is intent or gross negligence, or liability is based on injury to life, body, or health.

The above provisions do not alter the burden of proof to your disadvantage. The above provisions also apply to our employees and vicarious agents.

Sex toys, cock rings, underwear, lubricants and condoms are excluded from exchange for hygiene reasons.

§ 8. Data protection
We treat the data you have entrusted to us with the utmost care and in strict confidence, in accordance with data protection regulations. This data remains solely with us and our affiliated companies.

Data collected
When you place an order, you provide us with your email address, name, delivery and billing address, and your preferred payment method. This information is necessary for order processing. This data will be stored by us and will NOT be shared with third parties.

Cookies
Cookies are data stored on your hard drive. We need the information contained in the cookies to process your orders. If you do not accept cookies due to your browser settings, this will result in functional limitations of our services.

SSL
For your maximum security, we transmit confidential data using the latest and best crypto technology! SSL (Secure Socket Layer) with 128-bit encryption guarantees that all personal data is first encrypted on your computer. Only then do we forward your data directly to your bank or credit card company.

§ 9. Disclaimer for external links
Our website contains links to other websites. The following applies to all of these links: Cool Stuff Trading GmbH expressly declares that it has no influence whatsoever on the design and content of the linked websites. Therefore, we hereby expressly distance ourselves from all content of all linked third-party websites and do not adopt this content as our own. This declaration applies to all displayed links and to all content of the websites to which links lead.

§ 10. Information on online dispute resolution
The EU Commission provides an internet platform for online dispute resolution (the "ODR platform"). This ODR platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr

§ 11. Applicable law / written form agreement
These terms and conditions, as well as the entire legal relationship between us, Cool Stuff Trading GmbH, and you, are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance for all services arising from our existing business relationships and the place of jurisdiction is the registered office of Cool Stuff Trading GmbH. All ancillary agreements or amendments to the contract must be made in writing.

§ 12. Severability Clause
The invalidity or unenforceability of individual contractual provisions shall not affect the validity of the remaining provisions. Any invalid or unenforceable provision shall be replaced by the statutory provisions.