Terms of service

1 Scope & Customers

These General Terms and Conditions apply to all business relationships between the company Three Mosquets UG, legally represented by Managing Director Stephan Wagner, and its customers in the version valid at the time of contract conclusion. They also contain important customer information required by law. Contradictory, deviating, or supplementary General Terms and Conditions of the customer will not become part of the contract, even if known, unless the company has explicitly agreed to them, either entirely or in part.

II. Customers of the company, according to these General Terms and Conditions, include both consumers and entrepreneurs. Entrepreneurs according to § 14 BGB are natural or legal persons or legally capable partnerships who act in the course of their commercial or self-employed professional activity when entering into a legal transaction. Consumers according to § 13 BGB are natural persons who enter into a legal transaction for purposes that predominantly are neither attributable to their commercial nor their self-employed professional activity.

III. Customers will be supplied both in Germany and abroad.

2 Offers & Contract Conclusion via the Company’s Website

I. All offers from the company are non-binding and subject to change. A contract between the company and the customer only comes into effect when the company accepts an offer from a customer. The company reserves the right to refuse an order in case of typographical or calculation errors on the website.

II. If a customer places an order on the company's website, the company will promptly confirm receipt of the order. This confirmation of receipt does not constitute acceptance of the offer but only informs the customer that their order has been received by the company.

III. By sending an order to the company through the website, the customer makes an offer to enter into a purchase contract with the company. The acceptance of the offer and the contract conclusion with the company occur through explicit acceptance by email or by sending the ordered goods to the customer. The company is entitled to accept the contract offer made with the order via the company’s website within 5 days after receipt of this offer by explicit acceptance or by sending the ordered goods.

3 Payment Terms & Prices

Payment for the goods ordered by the customer can be made by advance payment, PayPal, credit card, or immediate transfer, according to the customer’s choice. Unless otherwise specified below, payments are due no later than 14 days after contract conclusion. The customer’s account will be debited following the completion of the payment process.

a) Payment by Advance Payment The bank details will be sent to the customer after contract conclusion. The goods will only be shipped once payment has been received.

b) Payment via PayPal When paying using the PayPal service, the customer has the option to make a payment from their PayPal account.

c) Payment by Credit Card When paying by credit card, the customer has the option to make a payment using their credit card.

d) Payment via Immediate Transfer When paying via Immediate Transfer, an online payment system of Sofort GmbH is used for cashless payments on the internet.

II. The price indicated for the goods is the total price including any applicable VAT (currently 19%) and other price components, but excluding delivery and shipping costs.

4 Shipping Costs & Import Duties

I. In addition to the purchase price, the company charges the customer shipping costs. The amount of the shipping costs can be found on the company’s website. Additionally, customers will be clearly informed of the shipping costs on the order page before placing an order.

II. For deliveries to countries outside of Germany, import duties may apply, which the customer is responsible for. The amount of import duties varies in different customs areas. The customer is responsible for the proper payment of all necessary customs duties and fees.

5 Payment Default

If the customer does not pay after receiving a reminder from the company following the due date, they will be in default by virtue of the reminder. During the default period, the customer must pay interest on the debt at a rate of 5% above the base rate.

6 Delivery & Shipping in Multiple Packages

I. Delivery will be made to the delivery address specified by the customer in the order. If the customer/recipient specifies an alternative drop-off location with the shipping service provider, the responsibility for the package transfers to the customer/recipient. Three Mosquets assumes no liability in this case.

II. The company is entitled to ship goods in multiple packages if the order contains several items, provided this is reasonable for the customer. Any additional shipping costs incurred will be borne by the company.

7 Delivery Times

The shipment of goods typically occurs within two business days, but in individual cases, at the latest within 5 business days after receipt of payment from the customer in case of advance payment, or after completion of the payment process in case of PayPal or immediate transfer payments.

8 Transfer of Risk

I. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods transfers to the buyer upon delivery. In the case of a shipment purchase, the risk transfers with the delivery of the goods to the carrier, freight forwarder, or other persons or institutions appointed to carry out the shipment.

II. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold goods also transfers only upon delivery of the goods in the case of a shipment purchase.

III. The transfer of risk is considered to have occurred if the buyer is in default of acceptance.

9 Retention of Title

I. Until full payment has been made, the delivered goods remain the property of the company.

II. With respect to customers who are entrepreneurs, the company retains ownership until all claims arising from the business relationship with the buyer have been fulfilled.

III. The customer is obliged to notify the company immediately of any seizure or other impairment of the retained goods by third parties.

10 Right of Withdrawal, Return Costs upon Withdrawal

I. Consumers are entitled to the statutory right of withdrawal. The company informs customers about the existence or non-existence of a right of withdrawal, including the conditions, details of its exercise, in particular the name and address of the entity to whom the withdrawal must be declared, and the legal consequences of the withdrawal on its website. A withdrawal instruction meeting the legal requirements will also be provided to customers in text form at the latest at the conclusion of the contract when ordering via the internet.

II. Consumers must return or hand over goods that can normally be returned by post (including parcel services) promptly and in any case no later than fourteen days from the day the consumer informs the company of the withdrawal from the contract. Three Mosquets reserves the right to offer customers a store credit for the order if there are no defects in the product. The deadline is met if consumers send the goods before the fourteen-day period expires. Consumers bear the direct costs of returning the goods. Products ordered as pre-orders on the website cannot be returned, as they are considered custom-made for the customer.

III. The right of withdrawal does not exist, according to § 312g Abs. 2 Nr. 1 BGB, especially for distance contracts for the delivery of goods that are not pre-manufactured and for which the consumer's individual selection or specification is significant or which are clearly tailored to the personal needs of the consumer.

11 Warranty & Liability

The warranty rights of the customer and the company's liability are governed by the statutory provisions.

12 Data Protection

I. The company is committed to treating the personal data of customers confidentially. The collection, processing, and use of personal data are carried out in accordance with the legal provisions. Personal data will only be passed on to third parties within the scope of contract processing. The data received from customers will be collected, processed, and used by the company for contract processing.

II. Customers can request information about their stored personal data at any time. Information can also be provided by email. For the deletion of user information within the scope of legal provisions, customers can contact the company at any time. Further information on data protection can be found in the separate privacy policy.

13 Final Provisions, Jurisdiction, Severability Clause

I. The legal relationship between customers and the company is governed by German law excluding the UN Convention on Contracts for the International Sale of Goods. If provisions of the state in which a customer, who is a consumer, has their usual residence provide for consumer protection not existing under German law, these provisions will apply to the legal relationship between this customer and the company.

II. If the customer is a merchant, Düsseldorf is the exclusive jurisdiction for all disputes arising from this contract. The same applies if the customer does not have a general jurisdiction in Germany or if the customer's residence or habitual residence is unknown at the time of filing the lawsuit.

III. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

IV. Contracts can be concluded in German or English.