General Terms and Conditions (GTC) – B2B Sales

Scope and customer base

The following General Terms and Conditions (GTC) apply to all contracts, deliveries and services of the provider. EtuiCreations, owner Iordanis Eleftheriadis (hereinafter referred to as "Provider" or "we") to its customers via the webshop etuicreations.de. Customers within the meaning of these Terms and Conditions are exclusively entrepreneurs as defined in Section 14 of the German Civil Code (BGB), i.e., natural or legal persons or partnerships with legal capacity who, when concluding the transaction, are acting in the course of their commercial or independent professional activity. Sales to consumers (Section 13 BGB) are not permitted. By placing an order, customers confirm that they are acting as entrepreneurs. These Terms and Conditions apply in the version valid at the time of the order. Conflicting or deviating terms and conditions of a customer do not apply unless we have expressly agreed to their validity in writing.

Contract conclusion and cancellation

The presentation of our products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. By submitting an order in the online shop (by clicking on "Order" or a similar button), the customer makes a binding offer to purchase the goods in the shopping cart. We may accept this offer at our discretion within 5 business days by sending an order confirmation via email or by delivering the goods. A contract is only concluded upon our declaration of acceptance. If the customer does not receive an order confirmation or delivery of goods from us within 5 business days, they are no longer bound by their order. Please note that there is a minimum order value of €150 (net). We regret that we cannot process orders below this value and reserve the right to reject such orders or, by prior arrangement, to charge a small order surcharge. Price tiers and discounts for bulk orders are possible and will be agreed upon individually. If a discount is granted based on a quantity agreed upon by the customer, this discount only applies if the full agreed quantity is purchased. If the agreed quantity is not accepted (e.g., in the case of successive deliveries of partial quantities), we reserve the right to retroactively adjust the price per unit accordingly. Partial deliveries are permitted to a reasonable extent and can be invoiced separately unless the customer has agreed otherwise.

Cancellations: Customers acting as businesses do not have a statutory right of withdrawal or cancellation. However, as a voluntary service, we offer the option to cancel orders free of charge within 24 hours of our order confirmation, provided that production or shipping preparation has not yet begun. Cancellations must be made in writing (email is sufficient). After 24 hours or once production has begun, free cancellation is no longer possible; in this case, we reserve the right to invoice the customer for any costs incurred up to that point.

Prices and payment terms

All prices listed on our website are net prices, excluding VAT, as our offer is exclusively for business customers. Unless otherwise stated, prices are per unit in euros, ex works, plus shipping costs. Any customs duties or other import taxes for deliveries abroad are the responsibility of the customer. Prices are subject to change without notice. Errors and omissions excepted.

Payment for goods is made by invoice. After order acceptance, we will issue the customer an invoice (by email or post), which is payable within the period specified on the invoice without deduction. Unless otherwise agreed, the payment term is 14 days from the invoice date. Other payment methods (such as prepayment, PayPal, credit card, direct debit) may be available in individual cases by prior arrangement, but are not standard options in the online ordering process. We reserve the right to require prepayment or partial payment from new customers or in justified cases. If the customer defaults on payment, the statutory regulations apply (Sections 286 et seq. of the German Civil Code). In particular, we are entitled to charge default interest at the statutory rate and to withhold further deliveries until payment is received.

For orders with a net value exceeding €1,000, we reserve the right to require prepayment or offsetting against undisputed or legally established claims. The specific payment terms will be communicated to the customer in the order confirmation. If offsetting is to be applied, the corresponding counterclaims must be substantiated in advance.

Payment terms for custom-made products or orders over €2,000: For individually manufactured products or orders with a net value of €2,000 or more, we reserve the right to request a deposit of 50% of the total amount before production begins. The remaining balance is due no later than upon shipment of the goods or notification of readiness for shipment. Production will only commence after receipt of the deposit. Cancellation after production has begun is only possible upon full reimbursement of costs.

Delivery, shipping and transfer of risk

We deliver goods within the European Union. Shipping is from our warehouse to the delivery address provided by the customer. We use standard parcel services (especially DHL, UPS, DPD, and GLS) for shipping; the selection of the specific shipping company is at our discretion unless expressly agreed otherwise. Shipping costs are calculated and displayed during the order process before the order is submitted. These costs depend on the weight, size, and destination country of the delivery. Shipping within Germany is free for net order values of €300 or more; different thresholds or surcharges may apply for deliveries to other EU countries, which are also displayed in the online shop.

Delivery times: Unless otherwise stated, products marked as "in stock" in the online shop are ready for dispatch within 2 business days. Delivery takes an additional 2–3 business days (within Germany) or 3–7 business days within the EU, depending on the recipient country and the chosen shipping provider. Therefore, the total delivery time can be approximately 4–10 business days. These figures are estimates and not guaranteed delivery dates. Should an ordered item exceptionally be out of stock or not immediately available, we will inform the customer immediately and – if possible – provide an estimated delivery date. Partial deliveries are permitted, provided they are reasonable for the customer.

The risk of accidental loss or damage to the goods passes to the customer as soon as we hand the products over to the shipping provider. This also applies if, in exceptional cases, we bear the shipping costs. Any transport damage or loss must be reported by the customer immediately to the delivery service and to us in order to assert any claims.

Retention of title

We retain title to the delivered goods until full payment of all claims arising from the business relationship with the customer. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. Pledging or assigning the goods subject to retention of title as security is prohibited. The customer hereby assigns to us, as security, any claims arising from the resale of the goods subject to retention of title up to the invoice value of the goods. We hereby accept this assignment. The customer remains authorized to collect the receivables; our right to collect the receivables ourselves remains unaffected. However, we will not collect the receivables ourselves or revoke the authorization as long as the customer fulfills their payment obligations to us and does not become insolvent.

Warranty, inspection and notification obligations

The statutory provisions apply to the customer's rights in the event of material defects and defects of title in the delivered goods, unless otherwise specified below. The statutory warranty period is 12 months from delivery of the goods.

Since sales are exclusively to businesses, Section 377 of the German Commercial Code (HGB) applies: The customer must inspect the delivered goods immediately upon receipt and report any defects without delay. Obvious defects must be reported to us in writing no later than 5 business days after delivery; hidden defects must be reported immediately upon discovery. If the customer fails to report defects in a timely manner, the goods are deemed accepted to that extent, and warranty claims are excluded. A minor deviation of the delivered goods from the description in the online shop (e.g., slight color variations in jewelry packaging due to different monitor displays) does not constitute a defect. In the case of a justified and timely complaint, we will, at our discretion, either repair or replace the goods. If the subsequent performance fails twice, the customer may reduce the purchase price or – provided the defect is not minor – withdraw from the contract. Claims for damages or reimbursement of futile expenses exist only in accordance with Section 3.7.

Liability

We are liable to the customer without limitation for damages resulting from injury to life, body, or health caused by a breach of duty on the part of us or our agents. Furthermore, we are liable without limitation in cases of intent and gross negligence, as well as where we have exceptionally assumed a guarantee.

In cases of slight negligence, we are liable – except in the aforementioned cases – only for breaches of a fundamental contractual obligation (cardinal obligation). Fundamental contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. In this case, however, our liability is limited to the typically foreseeable damage at the time of conclusion of the contract. Any further liability for damages is excluded – subject to the provisions of the Product Liability Act.

The foregoing limitations of liability also apply in favor of our legal representatives, employees, and agents. The foregoing provisions do not entail any shift in the burden of proof to the detriment of the customer.

Final provisions

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance and jurisdiction for all disputes arising from the business relationship with merchants, legal entities under public law, or special funds under public law is the registered office of the provider (Korschenbroich, Germany).

Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The relevant statutory provisions shall apply in place of the invalid clause.

(As of July 2025)

Information on packaging registration (Packaging Act)

The supplier complies with the requirements of the German Packaging Act (VerpackG) regarding registration and participation in disposal systems. In particular, the supplier is registered in the LUCID packaging register of the Central Agency Packaging Register Foundation (ZSVR) (registration number available upon request). According to Section 9 of the Packaging Act, all initial distributors of packaging subject to system participation requirements must register with LUCID. The supplier fulfills this registration obligation. Furthermore, the supplier has joined a dual system for the disposal of sales packaging to ensure the nationwide collection and recycling of packaging.

Specifically, this means that the sales packaging of our products, as well as the shipping packaging, is properly licensed. We are aware of our extended product responsibility and ensure that all packaging we initially place on the market participates in an approved take-back system. Consumers and end customers can therefore dispose of our packaging via the usual collection systems (yellow bin/bag, waste paper, etc.) – the disposal costs are already covered by our participation in the system. In this way, we contribute to the implementation of the legal recycling quotas and obligations under the German Packaging Act (VerpackG). Should you have any questions about our obligations or our status in the packaging register, please feel free to contact us.

(Note: The supplier is listed with the Central Packaging Register under registration number [LUCID number]. Violations of the registration requirement can be punished with fines, § 36 VerpackG. The above information also serves transparency towards business partners.)

Cookie consent banners – necessity and legal requirements

Finally, we provide an assessment of whether a cookie consent banner is required under current legislation – especially with regard to the use of tracking technologies such as Google Analytics, Meta Pixel and Google Ads on our website.

Under current legislation, a cookie consent banner is mandatory as soon as non-essential cookies or similar tracking technologies are used. The European Court of Justice (ECJ) already ruled on this in 2019 in a widely noted case. Planet49A ruling established that active user consent is required for all non-essential cookies. It is irrelevant whether the information collected by the cookie is personal data or not – prior consent is also necessary for anonymized tracking cookies. This ruling was upheld by the German Federal Court of Justice (BGH): On May 28, 2020, the BGH decided that website operators may only set tracking cookies (such as those used by Google Analytics, Google Ads, or Facebook/Meta Pixel) after obtaining the explicit consent of their visitors. Pre-ticked consent boxes or implied consent are inadmissible – the user must explicitly consent (opt-in).

Specifically, this means for our online shop: Since we want to use tools like Google Analytics, Meta Pixel, and Google Ads, which set cookies for marketing and analysis purposes, we cannot avoid using a cookie consent banner. Such a banner must present users with a choice regarding all non-essential cookies upon their first visit to the site and may only set them after the user has given their consent. The banner should allow for an active decision (e.g., buttons "Accept all," "Only necessary cookies," and, if applicable, "Adjust settings"). Furthermore, it must inform the user about the individual categories of cookies and their purpose. Only technically necessary cookies (such as shopping cart cookies or cookies that save the user's cookie preferences) may be set without consent. All others—especially those "tracking cookies" for Google Analytics, Google Ads, and Meta Pixel—require prior opt-in from the user.

Our assessment is therefore unequivocal: Yes, a cookie consent banner is required under current legal regulations as soon as we use tracking technologies. This follows from the GDPR in conjunction with the provisions of the German Telemedia Act/Telecommunications Data Protection Act (TTDSG) and the rulings of the highest courts. By implementing a compliant consent banner, we not only protect the privacy of our users but also safeguard ourselves legally to avoid warnings or fines. We will therefore integrate a corresponding consent manager into our website before using Google Analytics and similar services, one that meets the requirements of the data protection authorities. This ensures that tracking scripts are only activated after visitors have given their consent – in accordance with the current rulings of the European Court of Justice (ECJ) and the German Federal Court of Justice (BGH), which require active consent for tracking cookies.

In summary: A cookie consent banner is necessary and will be implemented by us to ensure the lawful use of analytics and marketing cookies. This gives users full control over whether or not they consent to data processing by Google Analytics, Meta Pixel, Google Ads, etc. This measure complies with current regulatory requirements and rulings (ECJ). Planet49, Federal Court of Justice Cookie Consent II) and ensures that our webshop is operated in compliance with data protection regulations.