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Terms of service

Table of Contents


1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Defect Liability (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution


1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of JECKYBENG GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless agreed otherwise.

1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, unless something different is expressly agreed in this regard.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. To do this, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email.

2.3 The Seller can accept the Customer's offer within five days by:

sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When an offer is made via the Seller's online order form, the contract text is saved by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent his order. Beyond that, the Seller does not make the contract text accessible. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account, specifying the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct his entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that if SPAM filters are used, all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

2.9 When ordering alcoholic beverages, the Customer confirms by submitting the order that he has reached the legally required minimum age.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 When selecting a payment method offered by the payment service "Shopify Payments," payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately referred. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made to the delivery address provided by the Customer within the delivery area specified by the Seller, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons that the Customer is responsible for, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial delivery if the Customer effectively exercises his right of withdrawal. With regard to the return costs, the regulation made in the Seller's withdrawal policy applies when the right of withdrawal is effectively exercised by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or an authorized recipient upon handover of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the forwarder, the carrier, or any other person or institution designated to carry out the shipment, if the Customer has instructed the forwarder, the carrier, or any other person or institution designated to carry out the shipment to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

- by email

6) Retention of Title

If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Defect Liability (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions governing liability for defects shall apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

the Seller has the choice of the type of subsequent performance;
the limitation period for claims for defects in new goods is one year from delivery of the goods;
rights and claims for defects in used goods are excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.


7.2 The liability limitations and shortened periods do not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event of fraudulent concealment of the defect by the Seller,
for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.


7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer's obligation to examine and give notice of defects in accordance with § 377 HGB applies. If the Customer fails to fulfill the notification obligations regulated there, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to report obvious transport damage to the Seller and to inform the Seller accordingly. Failure to comply with this has no effect on the Customer's statutory or contractual warranty claims.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or interest.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and any remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The balance of a gift voucher will not be paid out in cash or interest.

9.8 The gift voucher is transferable. With discharging effect, the Seller can make payments to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, lack of legal capacity, or lack of authorization to represent the respective holder.

10) Applicable Law

10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of goods. This choice of law applies to consumers only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10.2 Furthermore, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, are not residents of a member state of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract is outside the European Union, with regard to the statutory right of withdrawal.

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is always entitled to also bring an action at the Customer's place of business.

12) Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution (ODR) at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.