Terms & Conditions

Last updated: August 2025

§ 1 Scope

(1) These Terms & Conditions apply to all orders placed by consumers (§ 13 German Civil Code – BGB) via our online shops tragsmomente.de and tragsmomente.com.

(2) For orders from abroad, the mandatory consumer protection laws of the country in which you reside shall additionally apply. These remain unaffected by the following choice of law.

§ 2 Contractual Partner

Dmytro Serdiukov & E-Commerce
Owner: Dmytro Serdiukov
Familienzentrum 4, 91332 Heiligenstadt i. Oberfranken, Germany
Tel.: +49 176 36834231
E-Mail: info@tragsmomente.de
VAT ID: DE414383883

§ 3 Conclusion of Contract; Ordering Process in E-Commerce

(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.

(2) During checkout, you may correct your entries at any time using the technical means provided (e.g. “back” button, form fields, removing items from the cart). Before submitting your order, all data will be displayed in an order overview.

(3) By clicking “Buy now” you submit a binding offer. Receipt of your order will be automatically confirmed by e-mail (order confirmation). This confirmation does not yet constitute acceptance.

(4) The purchase contract is concluded through our explicit acceptance (e.g. by e-mail) or upon shipping confirmation / dispatch of the goods.

§ 4 Prices, Currency and Payment Terms

(1) Prices for deliveries to Germany and the EU are shown and charged in Euro (EUR); statutory VAT is included. Prices for deliveries to the USA are shown and charged in US dollars (USD). For other countries, the billing currency depends on the destination country or the region selected in the shop and is displayed at checkout. Shipping costs are shown separately at checkout. For deliveries to non-EU countries, additional customs duties/taxes may apply, payable by the recipient (see Shipping Policy).

(2) Accepted payment methods: Credit card, PayPal, Klarna, Shopify Payments (including Sofort, SEPA). Payment processing may be handled by payment service providers; their terms & conditions may apply. Card issuers may charge additional fees for currency conversion.

§ 5 Delivery, Production & Total Delivery Time

(1) Production is carried out on a made-to-order basis via Printful Inc. and/or Printify Inc.

(2) Total delivery time = production time + shipping time. The calculation begins upon payment receipt/order confirmation. Current timeframes and delivery areas are set out in our Shipping Policy.

(3) Partial deliveries are permitted if reasonable and without additional shipping costs for you.

(4) For consumer sales, the risk of accidental loss or deterioration passes only upon delivery to you. If you commission the carrier yourself and it was not designated by us, the risk may pass earlier.

§ 6 Retention of Title

The goods remain our property until full payment has been received.

§ 7 Right of Withdrawal; Returns

(1) There is no right of withdrawal for goods made to customer specifications or clearly personalized (§ 312g (2) No. 1 BGB / Art. 16(c) Consumer Rights Directive).

(2) If we offer non-personalized standard items, these are subject to the 14-day right of withdrawal under EU law. Details, deadlines, and the model withdrawal form are provided in our Cancellation Policy.

(3) Independent of withdrawal, statutory warranty rights apply (see § 8). Any return processes follow our Cancellation Policy and Shipping Policy.

§ 8 Warranty (Liability for Defects)

Statutory warranty rights under §§ 434 et seq. BGB apply. In case of defects, you are entitled to subsequent performance and – if that fails – to a reduction in price or withdrawal from the contract, and possibly damages under statutory conditions.

§ 9 Product Characteristics in Print-on-Demand

(1) Color/display deviations: Minor deviations between on-screen display and printed output are technically unavoidable and do not constitute defects as such.

(2) Size/production tolerances: Tolerances of ±5% (e.g. print placement, size of print motif, textile dimensions) are industry standard.

(3) Material batches: Minor differences in texture/weight between production runs may occur and do not constitute defects, provided contractual specifications are met.

§ 10 Liability

(1) We are fully liable in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

(2) For slightly negligent breaches of essential contractual obligations (cardinal obligations), liability is limited to foreseeable damages typical for the contract.

(3) Otherwise, liability for slight negligence is excluded.

§ 11 Contract Language; Storage of Contract Text

(1) The contract language is German.

(2) We store the contract text and send you the order data and these Terms & Conditions by e-mail. The Terms & Conditions are available at any time on our websites in their current version. Past orders are not accessible online unless you have a customer account.

§ 12 Choice of Law; Consumer Rights

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) For consumers, this choice of law applies only insofar as it does not deprive you of mandatory protections of the country where you habitually reside.

(3) We do not use unilateral jurisdiction clauses to the detriment of consumers.

§ 13 Online Dispute Resolution & Consumer Dispute Resolution

(1) The EU’s ODR platform was discontinued on 20 July 2025. Information on alternative dispute resolution in the EU can be found at: consumer-redress.ec.europa.eu.

(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 German Consumer Dispute Resolution Act – VSBG).

§ 14 Production by Third-Party Fulfillment Providers

(1) Production, warehousing, and shipping may be handled by external fulfillment providers (in particular Printful Inc. / Printify Inc.). In all cases, the contractual partner remains Dmytro Serdiukov & E-Commerce.

(2) We are only liable for delays or disruptions outside our control (e.g. operational disruptions at fulfillment partners, raw material/transport shortages, customs delays, force majeure) within the limits of § 10.

§ 15 Intellectual Property; Customer Designs

(1) All designs, graphics, and trademarks used in the shop are protected by copyright and trademark law. Any use beyond the intended private use of the purchased product requires our prior consent.

(2) For designs/personalizations provided by you, you warrant that you hold the necessary rights and do not infringe third-party rights (e.g. copyrights, trademarks, personality rights). You indemnify us from third-party claims where you are responsible for the infringement.

§ 16 Electronic Communication

Legally relevant declarations (e.g. acceptance, information on delays, customer service messages) may be sent by e-mail. Please ensure the e-mail address you provide is functional and that our messages are not blocked by filters.

§ 17 Data Protection

Information on the processing of personal data (in particular during ordering, payment, and shipping) can be found in our Privacy Policy.

§ 18 Amendments to these Terms & Conditions

We reserve the right to amend these Terms & Conditions with effect for the future if there is a valid reason (e.g. legal changes, expansion/modification of services, closing of regulatory gaps). The applicable version is available on our websites.