§ 1 – Provider, Inclusion of the Terms and Conditions

1. The provider and contracting party for the listed goods is:

Theros GbR Schulte Westenberg & Pötter
Hera Schulte Westenberg
Frau-Holle-Weg 12
49479 Ibbenbüren

T: +49 5451 5628588
E: info@theros.de

2. These general terms and conditions form part of every contractual agreement between the provider, hereinafter referred to as (P), and the respective buyer, hereinafter referred to as (B). Any conflicting terms and conditions from (B) are hereby void.

§ 2 – Product Offer and Contract Conclusion

1. (P) offers the items shown in the offer text for purchase by other eBay users. Unless explicitly stated otherwise, the items are new goods.

2. Product selection, contract conclusion and contract processing are carried out in German. The contents of concluded contracts are stored in the eBay customer account of (B) and can be accessed at any time via the menu item “Your Purchase History” in the eBay portal.

3. For the products presented by (P), (B) submits a binding purchase offer. By sending the order request via the "Submit Order" button, (B) accepts the purchase offer.

4. In case of delivery obstacles or other circumstances that would prevent fulfilment of the contract, (P) will inform the purchaser via email within three days. Partial deliveries will only be made with the buyer’s consent.

§ 3 – Prices and Payment

1. All product prices are final prices plus shipping costs. VAT is not charged.

2. Shipping costs are listed in the product description under "Payment & Shipping".

3. Upon confirmation of the contract (§ 2 para. 4), the buyer will receive an email containing a link with payment processing information.

4. For advance payment orders, the payment deadline is one week from receipt of the contract confirmation. (P) will reserve the desired goods for (B) for the duration of the payment deadline. It is the responsibility of (B) to make the payment in time so that it is received by (P) within the deadline. (P) reserves the right to withdraw from the purchase contract and sell the goods elsewhere if the payment is not received on time. Payments from (B) received after withdrawal will be refunded by (P).

§ 4 – Shipping and Delivery Times

1. (P) will hand over the goods for shipment within 3 working days after full payment has been received.

2. Delivery will be made to the delivery address provided by the buyer.

3. If delivery to (B) fails because the delivery address was incorrectly or incompletely stated, a second delivery attempt will only be made if (B) covers the costs of the new shipment. The costs for the second shipment are the same as the original shipping costs agreed upon. (P) will inform (B) via email of the required costs for a renewed shipment. A second shipment will only be made after these costs have been paid.

§ 5 – Right of Withdrawal

1. If the buyer is a consumer, they are entitled to a 14-day right of withdrawal by law. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

2. Information on the right of withdrawal can be found in the seller’s product description. The buyer will also receive an order confirmation after the contract is concluded, including instructions on the right of withdrawal and how to exercise it, e.g. using the sample withdrawal form enclosed with the cancellation policy.

§ 6 – Warranty

1. Warranty claims are subject to statutory regulations.

2. (P) accepts no liability for health damages incurred by (B) due to improper use of the offered products.

§ 7 – Final Provisions

1. (P) collects the data entered by (B) during purchase for the purpose of contract processing and fulfilment.

2. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 8 – Governing Law & Jurisdiction

1. The contractual relationship between (P) and (B) is subject to the laws of the Federal Republic of Germany.

2. The place of jurisdiction for all disputes arising from the contractual relationship between (P) and (B) is the domicile of (P).

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you enter into with us as the supplier (Theors Schulte Westenberg und Pötter GbR) via the website https://theros.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is objected to.

(2) Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description via the online shopping cart system.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After accessing the "checkout" page and entering personal data as well as payment and shipping terms, all order data will be displayed again as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview either on the website of the instant payment provider or after being redirected back to our online shop.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for an offer are non-binding for you. We will send you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the contract conclusion is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided is correct, the receipt of e-mails is technically ensured, and in particular is not blocked by SPAM filters.

§ 3 Special Agreements on Payment Methods Offered

(1) SEPA Direct Debit (Basic and/or Business Direct Debit)
When paying by SEPA basic direct debit or SEPA business direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit is collected within 10 days after conclusion of the contract.
The period for sending the pre-notification (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a return debit due to your fault, you must bear the bank fee incurred.

§ 4 Right of Retention, Reservation of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the deviation before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 6 Choice of Law

(1)  German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.

---

General Terms and Conditions and Customer Information

II. Customer Information

1. Identity of the Seller

Theors Schulte Westenberg und Pötter GbR
Frau-Holle-Weg 12
49479 Ibbenbüren
Germany
Phone: +49 (0)5451 5628588
Email: info@theros.de

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/odr.

2. Information about the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the section "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we receive your order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form (e.g. by email), which you can print or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you additionally unless free delivery is promised.

5.3. If delivery is made to countries outside the European Union, additional costs may arise that we are not responsible for, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which you must bear.

5.4. Any costs incurred for the money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.

5.5. The available payment methods are listed under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.

6. Delivery terms

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory warranty right for defects

Liability for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).

These terms and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 07/08/2025