Terms and conditions

These terms and conditions apply to the use of the website schmitzuniverse.com and to all contracts on paid services and digital products concluded between you and Schmitz Universe, owner Jonas Schmitz (sole proprietorship), Friedrich-Mohr-Straße 1, 56070 Koblenz (the “provider”, “we”).

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or profession (Section 14 BGB). Deviating terms of the customer apply only if we expressly agree to them in writing.

The website provides information about the Schmitz Universe brand and about companies, brands and projects within the ecosystem; its use is free of charge. In addition, we offer paid services (e.g. consulting, concept work, development and operation) and digital products (digital content and digital services). The specific scope is set out in the respective offer or product description.

Presentations on this website are non-binding and do not constitute an offer in the legal sense. In particular, the statements on participations are not an invitation to subscribe and do not constitute investment advice. Information on the status of companies, brands and projects describes the position at the time of publication and creates no entitlement to the realisation of a planned venture.

The presentation of services and products does not constitute a binding offer but an invitation to submit an offer. A contract is concluded when we accept your offer – for example by an order confirmation in text form or by commencing the provision of services. Where an ordering process is provided on the website, you submit a binding offer by clicking the order button; we confirm the conclusion of the contract separately.

The contract languages are German and English. We store the contract text as part of order processing; we send you the terms applicable to the contract together with the confirmation.

The prices stated in the respective offer or product description apply. Any statutory VAT is shown separately where it is incurred. Payment terms, due dates and permitted means of payment are set out in the offer or invoice. The payment service provider used will be named before conclusion of the contract once an online payment process has been set up.

Digital products are provided after conclusion of the contract and – where agreed – after receipt of payment, for example by activating access or as a download. The technical requirements for use are set out in the respective product description. For digital products supplied to consumers, we provide, during the relevant period, the updates necessary to maintain conformity (Sections 327 et seq. BGB).

Consumers have a statutory right of withdrawal. The withdrawal period is fourteen days from the day of conclusion of the contract (for services and digital products) or from receipt of the goods (for deliveries of goods).

To exercise your right of withdrawal, you must inform us (Schmitz Universe, owner Jonas Schmitz, Friedrich-Mohr-Straße 1, 56070 Koblenz, info@schmitzuniverse.com) by means of a clear statement (e.g. by email or letter) of your decision to withdraw. You may use the model withdrawal form below for this purpose, although it is not mandatory. To meet the deadline, it is sufficient to send the statement before the period expires.

Consequences of withdrawal: If you withdraw from the contract, we will reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive your withdrawal. For the reimbursement we use the same means of payment as for the original transaction, unless otherwise agreed; you will not incur any fees as a result.

Early expiry of the right of withdrawal: For a service, the right of withdrawal expires when we have fully performed the service and only began performance after you expressly consented and acknowledged that you lose your right of withdrawal upon full performance of the contract (Section 356(4) BGB). For digital content not supplied on a tangible medium, the right of withdrawal expires when we have begun performance after you expressly consented to us beginning before the end of the withdrawal period and acknowledged that you thereby lose your right of withdrawal, and we have provided you with confirmation of this (Section 356(5) BGB).

There is no right of withdrawal for contracts with entrepreneurs or in the further exceptional cases regulated by law (Section 312g(2) BGB).

If you wish to withdraw from the contract, you can complete this form and return it to us: To Schmitz Universe, owner Jonas Schmitz, Friedrich-Mohr-Straße 1, 56070 Koblenz, info@schmitzuniverse.com – I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*): … – Ordered on (*) / received on (*): … – Name of consumer(s): … – Address of consumer(s): … – Signature of consumer(s) (only for notification on paper): … – Date: … (*) Delete as appropriate.

The statutory provisions on liability for defects apply; for consumer contracts on digital products, Sections 327 et seq. BGB apply in addition. Vis-à-vis entrepreneurs, the limitation period for claims based on defects is one year from the statutory start of limitation, to the extent legally permitted; liability for intent and gross negligence and for damage resulting from injury to life, body or health remains unaffected.

We are liable without limitation in cases of intent and gross negligence and for damage resulting from injury to life, body or health and under the German Product Liability Act. In cases of simple negligence, we are liable only for the breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely; in such cases liability is limited to the foreseeable damage typical for the contract. Any further liability is excluded.

Unless otherwise agreed, you receive a simple, non-exclusive, non-transferable right to use digital products in accordance with the contract for your own purposes. Any reproduction, distribution, making available to the public or modification beyond the contractually agreed scope is not permitted without our prior consent.

The content, trademarks and design of this website are protected. Any use beyond the cases permitted by law requires prior written consent.

We endeavour to keep the website running as uninterrupted as possible but do not guarantee constant availability. Maintenance, technical faults or circumstances beyond our control may lead to temporary restrictions.

Our email address can be found above. We are not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration board.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of their country of 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 is our place of business. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.