Terms and conditions
Updated: 22 September 2026
1. Scope and contracting party
These terms apply to orders for goods placed by consumers and businesses in the Smarald® online shop. Your contracting party is EATC GmbH, identified below. The version in force when you order applies; individual agreements take precedence. Consumers act predominantly outside their trade or independent professional activity (section 13 BGB); businesses act in the course of such activity (section 14 BGB).
2. Ordering and formation of the contract
Product listings are invitations to order, not binding offers. You may place goods in the basket and correct your details, quantities and items using the editing functions before submission. By pressing the final order button, clearly indicating the obligation to pay, you make a binding purchase offer. We acknowledge receipt promptly by email. That acknowledgement constitutes acceptance only if it expressly says so. We may accept within five calendar days of receipt by an express order acceptance or delivery of the goods. If we request payment earlier, that request constitutes acceptance; this also applies where immediate payment through a payment provider is initiated during checkout. The first of these events applies. If we do not accept in time, you are no longer bound and we promptly refund any payments received.
3. Contract language and documents
The contract language is German. Other language versions are provided for ease of understanding and do not restrict mandatory consumer rights. We store your order and email the order details, these terms, the withdrawal instructions and the model withdrawal form. You may also save or print the pages using your browser. Registered customers can view orders in their account; please retain the documents sent to you.
4. Prices and payment
Prices include statutory VAT where applicable. Shipping charges and the total price are displayed before you order. German VAT is not charged on exports outside the EU; import taxes and customs duties payable by the recipient are not included in shop prices and are not collected by us. Available payment methods and their conditions are displayed at checkout. Unless otherwise agreed, payment falls due when the contract is concluded. For advance bank transfers, the stated delivery period begins on the day after you instruct your bank to make the payment. PayPal and the card and wallet methods offered through it are processed on the conditions displayed for the chosen method.
5. Delivery and retention of title
We deliver to the delivery address provided. Destinations, shipping charges and delivery times are stated in the product information, Shipping & payment page and checkout. Collection in person is not offered. We inform you of delays; your statutory rights remain unaffected. Mere unavailability does not automatically entitle us to cancel an existing contract. For consumers, transport risk generally passes only upon delivery to the consumer or their nominated recipient; the statutory exception for a carrier independently commissioned by the consumer and not named by us remains applicable. Goods remain our property until paid for in full.
6. Withdrawal and returns
Consumers have the statutory right of withdrawal described in the separate withdrawal instructions, which provide deadlines, the address, model form and online withdrawal function. For an ordinary withdrawal, you bear the direct return shipping costs regardless of the value of the goods, provided you were informed of this before the contract was concluded. There is no handling or restocking charge. Original packaging, prior return authorisation and a specific form are not conditions for withdrawal. For justified defect claims, we bear the costs required by law. Businesses are not granted an additional contractual right of withdrawal.
7. Statutory rights concerning defects and guarantees
Statutory rights concerning defects and limitation periods apply. Additional guarantees do not restrict these rights; their scope and conditions are set out in the relevant guarantee statement. Merchants are subject to the statutory inspection and notification duties under section 377 HGB where the purchase is a commercial transaction for both parties.
8. Liability
Our liability is unlimited for intent, gross negligence and injury to life, body or health. For slightly negligent breach of an essential contractual duty, liability is limited to foreseeable loss typical of the contract. Essential duties are those enabling proper performance and on which customers may normally rely. Liability for slight negligence is otherwise excluded. These limitations do not apply to fraudulently concealed defects, within the scope of an assumed guarantee or to mandatory statutory liability, particularly under the German Product Liability Act. They apply correspondingly to our legal representatives and persons engaged in performing our obligations.
9. Applicable law and disputes
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers retain the protection of mandatory rules of their country of habitual residence. For merchants, legal entities under public law and special funds under public law, our business location is the exclusive place of jurisdiction where legally permissible; otherwise statutory jurisdiction applies. We are neither obliged nor willing to participate in proceedings before a consumer arbitration body.
Operator and contact
EATC GmbH
Karlsruher Str. 129
01189 Dresden
Deutschland