General terms and conditions

§1 Scope 

The following general terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer in terms of these general terms and conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance professional activity. An entrepreneur is a natural person, legal entity or partnership capable of holding rights, which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities.

These Terms and conditions shall also apply, without specific reference, to any further business transactions with entrepreneurs. If the entrepreneur should use conflicting, divergent or supplementary general terms and conditions, we object to the application of these, unless we have expressly agreed to their application. The languages available for the conclusion of contract are German and English.

§2 Contracting partner, conclusion of contract 

The purchase contract is made with Benjamin Sahin, eXclusive-ID.

  1. The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
  1. By clicking the button “Order now“ you enter a binding purchase offer (§ 145 BGB).
  1. Upon receipt of the purchase offer you will receive an automatically generated e-mail, with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. Yet, there is no contract concluded by the confirmation of receipt. (4) A sales agreement will not be established until we state acceptance of your purchase offer or we send you – without the express prior acceptance – the ordered goods.

§3 Delivery/Reservation of title  

  1. Unless otherwise agreed, the delivery of the goods takes place ex-stock to the delivery address you told us.
  1. Until full payment of the purchase price the goods shall remain our property.

§4 Delivery terms 

In addition to the specified product prices shipping costs will be added. For details on the amount of shipping, consult the offers. Depending on the destination of the delivery other costs such as custom duties or taxes may occur.

We only deliver by mail order. Unfortunately, collection by the customer is not possible.

We do not deliver to packing stations.

§5 Payment 

In our shop the following payment methods are available:

  1. Credit card

The charging of your credit card account takes place in the moment when we accept your order.

  1. PayPal

You pay the invoice amount via the online provider PayPal. In principle, you have to be registered there or to register yourself first and to authorize yourself with your access data and confirm the payment order to us. You will get more information during the ordering process.

  1. SOFORT Transfer

We also offer SOFORT money transfer (immediate transfer). In this case, we receive the credit transfer immediately. This accelerates the entire ordering process. All you need is the account number, bank code, PIN and TAN. By means of the secure payment form of the SOFORT GmbH not accessible to vendors, SOFORT Transfer provides automatically and in real time a transfer in your online bank account. The purchase amount is transferred instantly and directly into the bank account of the merchant. If you select the payment method SOFORT Transfer, at the end of the ordering process a pre-filled form opens. This already contains our bank details. Moreover, the transfer amount and the purpose are already displayed in the form. You now need to select the country where you have your online banking account and to enter the bank code. Then enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. Right after you receive a confirmation of the transaction. Basically, any Internet user can use SOFORT Transfer as payment method, if he has an activated online banking account with PIN/TAN procedure. Please note that in a few banks SOFORT Transfer is not yet available. For further information if your bank this service supports, click here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/ fragen-und-antworten/ 

  1. Giropay

You pay the invoice amount via the online banking of your bank, where you will be guided during the order process. Log on as usual, for example, with account number and PIN, and authorize your payment as with a TAN. Your bank has to be participating in the Giropay process.

§6 Right of withdrawal 

  1. You are entitled to withdraw from the contract within fourteen days without giving reasons, unless it is a personalized article. Personalised articles are excluded from revocation.

The period of revocation is 14 days and shall start from the day when you or a third party other than the carrier and indicated by you take(s) possession of the goods. In order to exercise your right of revocation, you have to inform us (Benjamin Sahin, eXclusive-ID, Bundesallee 26, 10717 Berlin, info@exclusive-id.com) by means of a clear statement (e.g. a letter consigned by post mail, fax or e-mail) about your decision to withdraw from this contract. You may use the attached withdrawal form which is not mandatory, however. To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before expiry of the period of revocation.

  1. Consequences of withdrawal

If you withdraw from this contract, we have to repay all payments (excluding the additional costs arising from the fact that you have chosen another type of delivery than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the date when we have received the notification about your withdrawal. For this repayment, we use the same method of payment that you have used in the original transaction, unless we expressly entered into another agreement with you. in no case we will charge you fees for this repayment. We may withhold reimbursement until we have received the returned goods back or until you have provided evidence that you have returned the goods, depending on what occurs earlier. You have to return the goods immediately and in any event not later than fourteen days from the date when you inform us about the withdrawal from this contract. The deadline is met if you send the goods before expiry of the period of fourteen days. You have to bear the direct cost of returning the goods. You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

  1. The right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and produced in a way that requires an individual choice or decision by the consumer or which are clearly tailored to the personal needs of the consumer.

Sample withdrawal form 

(If you want to withdraw from the contract, please fill out this form and send it back.) 

  • To Benjamin Sahin, eXclusive-ID, Bundesallee 26, 10717 Berlin, contact@exclusive-id.com
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of the purchase of the following goods (*)/services (*)
  • Ordered on (*)/ Received on (*)
  • Name of the consumer
  • Address of the customer
  • Signature of the customer (only necessary when written on paper)
  • Date

(*) delete where inapplicable

§7 Warranty and guarantee 

  1. Unless hereinafter expressly agreed otherwise, the statutory warranty rights apply. 
  1. For consumers, the limitation period for warranty claims for used goods is one year from date of delivery.
  1. For entrepreneurs, the period of limitations is one year from transfer of risk. The statutory limitation periods for the claim of recourse according to § 478 BGB remains unaffected.

With regard to entrepreneurs, only our own specifications and the product descriptions of the manufacturer are considered as subject to the individual contract. We assume no liability for public comments of the manufacturers or other promotional statements. If the delivered goods are defective, we will compensate for defects of the goods according to our choice either by amendment or replacement shipment.

You are obliged to check the goods immediately and with the required care for defaults in quantity and quality and to inform us within a period of 7 days from reception of the goods. To meet the deadline, timely dispatch is sufficient. This also applies to defects that will be found later, calculated from their discovery. The assertion of warranty claims is excluded upon violation of the examination and complaint obligation.

  1. The foregoing limitations and reductions of time limits do not apply to claims arising from such damage caused by us, our legal representatives or agents
  • in cases of injury to life, body or health
  • in cases of intentional or grossly negligent violation of obligations as well as fraudulent intent
  • in cases of a breach of major contractual obligations, whose fulfillment enables the proper implementation of the contract in the first place and in whose compliance the contractual partner may trust on a regular base (cardinal duties)
  • as a part of a warranty promise, if agreed
  • as far as the scope of the Product Liability Act applies

Information on any applicable statutory warranties and the exact conditions can be found at each product and on special Information Pages in the shop.

Customer Service: You can contact our customer service for questions, complaints and objections on weekdays 10:00 am to 6:00 pm by e-mail at: contact@exclusive-id.com.

§8 Liability 

(1) For claims due to damage caused by us, our legal representatives or agents we are liable without limitation

  • in cases of injury to life, body or health
  • in cases of intentional or grossly negligent violation of obligations
  • as a part of a warranty promise, if agreed
  • as far as the scope of the Product Liability Act applies

(2) In cases of a breach of major contractual obligations, whose fulfillment enables the proper implementation of the contract in the first place and in whose compliance the contractual partner may trust on a regular base (cardinal duties) based on slight negligence caused by us, our legal representatives or agents the liability is limited to the amount foreseeable at the time of the conclusion of the contract which has to be expected typically. All further claims for damages are excluded.

§9 Content of image files, technical data requirements, impairment of third-party rights when using the configurator

9.1 Only the Customer is fully responsible for the content used to create a personalised product. This applies in particular to graphics, texts, images or other materials.

9.2 An examination of the picture sharpness, spelling, picture quality and the quality of the used pictures, texts and diagrams, which are used for the production of the product, does not take place by exclusive ID.

9.3 With all at exclusive ID arranged manufacturing orders, the necessary mark, originator – or other rights of the customer are presupposed. We point out to the fact that third can make enormous claims for damages valid opposite customers in case of copyright-violating contents. The customer is responsible for all from a injury of the aforementioned rights developing consequences and releases exclusive ID with a demand by a third party from any adhesion.

9.4 With the arrangement of the order the customer assures that the contents of the transmitted picture files do not offend against the penal laws. With knowledge Exclusive ID reserves itself to reject these orders.

§10 Offsetting/Right of retention 

  1. The right to offset is entitled to you only in case your counterclaim has been legally proved or has not been denied by us.
  1. The right of retention only exists as long as the claims result from the identical contractual relationship.

§11 Final provisions 

  1. If one or more provisions in these general terms and conditions are invalid or become invalid, The validity of the other provisions shall not be affected thereby.
  1. If you are an entrepreneur, then German law applies under exclusion of the UN Sales Convention.
  1. If you are a merchandiser in the sense of the German

“Handelsgesetzbuch” (Code of Commercial Law), a legal entity under public law or special fund under public law, exclusive jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.