Terms of service


General Terms and Conditions (GTC) and Consumer Information

Version: 10/2026

 

General Terms and Conditions and consumer information for purchase contracts concluded via the online shop between E&Z GmbH, EZ Originalz – hereinafter referred to as the "Seller" – and the customer – hereinafter referred to as the "Customer".



§ 1 SCOPE OF APPLICATION AND GENERAL INFORMATION

 

  • Subject to individual arrangements and agreements that take precedence over these GTC, the following General Terms and Conditions apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the Customer's own terms and conditions is hereby objected to.
  • The Customer is a consumer insofar as they conclude the contract for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.



§ 2 CONCLUSION OF CONTRACT

  • The contract is concluded with:

E&Z GmbH, EZ Originalz
Managing Directors: Jan Bischoff & Daniel Hahn
Schulze-Delitzsch-Straße 16
70565 Stuttgart, Germany
VAT ID: DE455923003
Commercial register number: HRB 799811

  • The essential characteristics of the goods can be found in the respective product description provided by the Seller.
  • All offers in the Seller's online shop merely constitute a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. As soon as the Seller has received the Customer's order, the Customer will first be sent a confirmation of their order with the Seller, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the Customer's order, the Seller will review it promptly and inform the Customer within 2 business days whether the order is accepted (order acceptance). The ordering process in the Seller's online shop works as follows:
  • The Customer can select products from the Seller's range and collect them in a so-called shopping cart via the "Add to cart" button. By clicking the "Cart" button, the Customer receives an overview of the selected products. By clicking the "Buy now" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the entered order and data at any time using the browser functions "Back" and "Forward", displayed as arrow keys. The offer can only be submitted and transmitted if the Customer has accepted these contractual terms by clicking the "Accept GTC" button, thereby including them in their offer. The Seller will then send the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The contract is only concluded when the Seller issues its declaration of acceptance, which is sent in a separate email.
  • By confirming an order and clicking the "Pay now" button, a valid contract is concluded. Following this action, the Customer places an order with the online shop that is subject to payment. If the Customer pays by "prepayment" or "bank transfer", the outstanding amount must be transferred in advance after ordering. The Customer has 14 days after ordering to cancel the order. Otherwise, the claim remains and cancellation is no longer possible.
    The goods will only be shipped to the Customer after receipt of payment. 

§ 3 SUBJECT MATTER OF THE CONTRACT, QUALITY, DELIVERY, AVAILABILITY OF GOODS

 

  • The subject matter of the contract is the goods and services specified by the Customer in the order and named in the order confirmation and/or order acceptance, at the final prices stated in the online shop. Errors and mistakes therein are reserved, in particular with regard to the availability of goods.
  • The quality of the ordered goods results from the product descriptions in the online shop. Images on the website may only represent the products imprecisely; in particular, colours may differ considerably for technical reasons. Images serve merely as illustrations and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may exhibit the usual deviations. The characteristics described here do not constitute defects in the products supplied by the Seller.
  • If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller will inform the Customer of this in the order acceptance. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
  • If the product specified by the Customer in the order is only temporarily unavailable, the Seller will also inform the Customer of this without delay in the order acceptance. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. In doing so, the Seller will immediately refund any payments already made by the Customer.

§ 4 DELIVERY, PRICES, SHIPPING COSTS

 

  • Delivery to the shipping company generally takes place no later than two days after receipt of payment; in the case of payment by cash on delivery, no later than two days after order acceptance. The delivery time is generally one to five days. The Seller will indicate any differing delivery times on the respective product page.
  • Delivery is only made within the EU.
  • All item prices include statutory value added tax. The prices stated are final retail prices including shipping. The Customer will receive an invoice showing the value added tax. 

§ 5 PAYMENT

 

  • Payment is made by prepayment (PayPal, bank transfer) or via the other payment methods in our shop.

§ 6 TRANSPORT DAMAGE

 

  • If goods are delivered with obvious transport damage, the Customer is requested to report such defects to the delivery agent immediately and to contact the Seller as soon as possible.
  • Failure to make a complaint or to make contact has no consequences whatsoever for the Customer's statutory warranty rights, but helps the Seller to assert its own claims against the carrier or the transport insurance.

§ 7 WARRANTY FOR MATERIAL DEFECTS

 

  • The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
  • A guarantee for the goods supplied by the Seller exists only if this has been expressly given in the order acceptance for the respective item.
  • Complaints and claims for defects can be submitted at the address given in the provider identification (legal notice).

§ 8 RETENTION OF TITLE

 

  • The delivered goods remain the property of the Seller until full payment has been made.

§ 9 LIABILITY

 

  • The statutory provisions apply.

§ 10 CONTRACT TEXT

 

  • The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions at any time in their customer account. The order data and the GTC are sent to the Customer by email. After completion of the order, the order data is no longer accessible via the internet for security reasons.

§ 11 FINAL PROVISIONS

 

  • The contract language is German. Translations of these General Terms and Conditions into other languages are provided for information purposes only. In the event of discrepancies between the German version and a translation, the German version alone shall prevail.
  • Contracts between the Seller and the Customers are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the Customer is not deprived of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
  • If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller's registered office. This also applies if the Customer has no general place of jurisdiction in Germany or the EU, or if their place of residence or habitual abode is unknown at the time the action is filed.

§ 12 SPECIAL TERMS FOR PERSONALISED PRODUCTS

 

1. Scope

(1) These terms apply in addition to §§ 1 to 11 to all products manufactured according to the Customer's specifications, in particular LED coasters printed with an image, photo, logo, text or design supplied by the Customer ("Customer Content").

(2) In the event of any conflict between this § 12 and §§ 1 to 11, § 12 prevails for personalised products.

2. Customer's responsibility for the Customer Content

(1) The Customer is solely responsible for the Customer Content. By submitting the Customer Content, the Customer warrants that

a) they hold all rights required to manufacture the product or have the permission of the respective rights holder; this applies in particular to copyright, trademark, design and personality rights;

b) all persons depicted in the Customer Content have consented to the use of their image for the product;

c) the Customer Content does not contain any trademarks, logos, club or association emblems, or protected characters from films, comics, games or other works for which the Customer holds no licence;

d) the Customer Content does not violate applicable law and, in particular, does not contain any depictions that incite hatred, glorify violence, are unconstitutional (e.g. symbols within the meaning of § 86a StGB), pornographic, harmful to minors, insulting, defamatory or otherwise injurious to honour.

(2) The Customer observes the technical requirements for the Customer Content stated on the product page (in particular file format, minimum resolution and bleed).

3. Right of use

(1) The Customer grants the Seller the non-exclusive, non-transferable right, limited to the fulfilment of the order, to reproduce the Customer Content, to adapt it technically for printing (in particular scaling, cropping, colour adjustment) and to pass it on for this purpose to the production partner commissioned with manufacturing.

(2) Any use of the Customer Content for advertising purposes or as a reference requires the Customer's separate, express consent.

4. No review by the Seller; rejection

(1) The Seller does not review the Customer Content for legality, spelling, completeness or image quality. The Customer checks the Customer Content and the preview shown in the shop themselves before completing the order.

(2) If the Customer Content evidently violates clause 2 (1) or is technically not feasible, the Seller is entitled to refuse production. The Seller will inform the Customer without delay and give them the opportunity to submit suitable alternative Customer Content within 7 days. If the Customer does not submit suitable Customer Content within this period, the Seller may withdraw from the contract; any payments already made will be refunded to the Customer without delay.

5. Indemnification

(1) If the Customer culpably breaches an obligation under clause 2 (1) and third parties assert claims against the Seller as a result, the Customer shall indemnify the Seller against justified third-party claims. The indemnification covers the necessary costs of a reasonable legal defence as well as justified claims that the Seller's production partner asserts against the Seller on account of the same infringement.

(2) The Seller will inform the Customer of the claim without delay, give them the opportunity to respond, and will not make any acknowledgement or conclude any settlement without consulting the Customer.

(3) Any contributory fault on the part of the Seller remains unaffected. Further statutory claims of the Seller remain unaffected.

6. Characteristics of personalised products

(1) The printed result may differ from the on-screen display, in particular in hue, brightness and sharpness. Such minor, technically caused deviations do not constitute a defect.

(2) Deviations resulting from the Customer Content itself (e.g. insufficient resolution, spelling errors, unfavourable cropping) do not constitute a defect. The Customer's statutory warranty rights for defects in the product itself (e.g. faulty printing by the Seller, defective lighting) remain unaffected.

7. Right of withdrawal and money-back guarantee

(1) For products manufactured according to the Customer's specifications, no statutory right of withdrawal exists pursuant to § 312g (2) no. 1 BGB. The Customer is informed of this before placing the order.

(2) Irrespective of this, the Seller's voluntary 30-day money-back guarantee also applies to personalised products in accordance with the conditions published in the shop.

8. Storage of the Customer Content

The Seller stores the Customer Content for 12 months after delivery in order to process reorders and complaints, and deletes it thereafter. Details on the processing of personal data are set out in the privacy policy.

Source: http://www.rechtsanwalt-metzler.de

Competition law, trademark law and copyright law