Terms of service

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Terms and Conditions

 

Section 1 Scope of Application

(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contracts concluded via the online shop at www.one-third.de between EM Products (limited liability), Jettbergskamp 3, 22397 Hamburg (hereinafter “Provider”) and the customer.

(2) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 BGB). A business within the meaning of these Terms is a natural or legal person, or a partnership with legal capacity, who, when entering into the legal transaction, acts in the exercise of their trade, business, or profession (Section 14 BGB).

(3) Toward businesses, these Terms also apply to future business relationships, without the need for renewed reference in each instance. Deviating terms and conditions of the customer will not be recognized unless the Provider expressly agrees to their validity in writing.

 

Section 2 Contracting Party and Contact

The contracting party is:

EM Products (limited liability)

Jettbergskamp 3, 22397 Hamburg, Germany

Email: info@one-third.de

Phone: +49 172 5222559

Commercial Register: Local Court Hamburg, HRB 192917

VAT Identification Number: DE455506991

Managing Director: Erik Benjamin Meyer

 

Section 3 Conclusion of Contract and Contract Language

(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.

(2) By clicking the “Buy Now” button, the customer submits a binding offer to conclude a purchase contract. Immediately after placing the order, the customer receives an automatic order confirmation by email. This does not yet constitute acceptance of the offer.

(3) The purchase contract is concluded when the Provider accepts the offer through a separate order confirmation by email, or provides the goods or digital content promptly after the order is placed.

(4) The text of the contract is stored by the Provider and sent to the customer by email after the contract is concluded.

(5) The language available for concluding the contract is German only.

 

Section 4 Customer Account

(1) Customers have the option to register on the online shop and create a personal customer account. Registration is voluntary; a purchase is also possible as a guest.

(2) The customer is obliged to provide truthful and complete information when registering and to keep it up to date. There is no entitlement to registration.

(3) The customer is responsible for keeping their login credentials confidential. They must inform the Provider immediately if they become aware of any misuse of their account.

(4) The customer may have their customer account deleted at any time by sending an informal notice to info@one-third.de.

(5) The Provider is entitled to block or delete customer accounts if the customer violates these Terms, has provided false information, or for any other important reason.

 

Section 5 Product Availability and Pricing Errors

(1) All offers in the online shop are subject to availability. If an ordered product is not, or is no longer, available, the Provider will inform the customer immediately by email and cancel the order. Any payments already made will be refunded in full and without delay, at the latest within 14 days.

(2) Should a product be displayed at an obviously incorrect price due to a technical error, the Provider is entitled to rescind the purchase contract and cancel the order. The customer will be informed immediately and will receive a full refund. There is no entitlement to delivery at the incorrect price.

 

Section 6 Prices and Payment

(1) All stated prices are final prices in euros and include statutory value-added tax. For digital products, the reduced tax rate of 7 % applies (where applicable); for physical products, the standard tax rate of 19 % applies.

(2) For businesses: the stated prices are exclusive of the applicable statutory value-added tax.

(3) The following payment methods are available:

•       Credit card (Visa, Mastercard, American Express, Maestro)

•       PayPal

•       Apple Pay

•       Shop Pay

•       Klarna (installment purchase / invoice purchase)

(4) Credit card: By placing the order, you simultaneously transmit your credit card details to us. After your legitimation as the rightful cardholder, we request your credit card company to initiate the payment transaction. The payment transaction is carried out automatically and your card is charged.

(5) PayPal: During the ordering process, you will be redirected to the website of the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. In order to pay the invoice amount via PayPal, you must be registered there, or register, authenticate yourself with your login details, and confirm the payment instruction. After placing the order, we request PayPal to initiate the payment transaction. PayPal’s terms of use apply (www.paypal.com/de).

(6) Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on invoice and installment purchase as payment options. Please note that Klarna payment options are only available to consumers and that payment must be made to Klarna. Klarna’s terms and conditions apply (www.klarna.com/de/agb). Klarna may carry out a credit check.

(7) Apple Pay / Shop Pay: Payment processing is carried out by the respective provider (Apple Inc. or Shopify Inc.). The terms of use of the respective provider apply.

(8) Payment is due upon completion of the order. The invoice amount is collected immediately after the order is placed.

(9) Toward businesses, set-off against counterclaims is only permitted if the counterclaims are undisputed or have been legally established.

(10) Default in payment: Should the customer default on payment, the Provider is entitled to demand default interest at the statutory rate. Toward businesses, the default interest rate is 9 percentage points above the base rate of interest (Section 288(2) BGB). Toward consumers, the default interest rate is 5 percentage points above the base rate of interest (Section 288(1) BGB).

 

Section 7 Delivery and Shipping (Physical Products)

(1) The Provider delivers within the European Union. The offering is primarily aimed at customers in Germany.

(2) Shipping is free of charge. Shipping costs are included in the product price.

(3) Unless otherwise stated for the respective product, the delivery time is 3–7 business days within Germany. For deliveries to other EU countries, the delivery time may vary.

(4) Partial deliveries are not provided for. Orders are shipped in full.

(5) For consumers, the Provider bears the risk of shipping. For businesses, risk passes to the business upon handover to the carrier.

(6) Retention of Title: The delivered goods remain the property of the Provider until the purchase price has been paid in full (Section 449 BGB). If a business resells the goods, it hereby assigns its claims against the third party in the amount of the invoice total to the Provider.

 

Section 8 Undeliverable Shipments

If a shipment cannot be delivered after several delivery attempts and is returned to the Provider, the Provider will assume that the customer wishes to withdraw from the contract. The contractual relationship is automatically converted into a relationship for the return of performance already rendered. The Provider will refund all payments made by the customer without delay, at the latest within 14 days, via the originally used payment method. The Provider will refund the full purchase price.

If the failed delivery is due to circumstances for which the customer is responsible – in particular an incorrect address or failure to collect from a pickup point within the specified period – the Provider is entitled to deduct a flat shipping fee of €3.50 from the refund amount. This provision does not apply in the case of a standard withdrawal.

 

Section 9 Transport Damage

(1) If goods are delivered with obvious transport damage, please report such damage to the delivery carrier immediately and contact us without delay (info@one-third.de). Failure to make such a complaint has no consequences whatsoever for your statutory rights, in particular your warranty rights. However, it helps us assert our own claims against the carrier.

(2) Returns that do not concern our products (incorrectly delivered goods) will not be processed. We are not liable for the loss, destruction, or damage of such shipments.

 

Section 10 Digital Products and Immediate Delivery

(1) Digital content (e.g., PDF downloads) is made available to the customer immediately after receipt of payment, via email or download link.

(2) To download the content, the customer needs an internet connection, a suitable device, and appropriate software (e.g., a PDF reader).

(3) With the purchase, the customer receives a simple, non-transferable right of use for private purposes. Distribution, reproduction, or commercial use is prohibited without the express written consent of the Provider.

(4) Digital content is sold exclusively as a bundle together with a physical product. The right of withdrawal therefore applies to the entire bundle (30 days from receipt of the physical product). Upon valid return of the bundle, the license to use the included digital content automatically expires.

 

Section 11 Right of Withdrawal for Consumers

11.1 Physical Products – 30-Day Right of Withdrawal

Consumers have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period begins on the day on which the consumer or a third party named by them takes possession of the goods.

To exercise the right of withdrawal, the consumer has the following options:

(a) Electronic withdrawal function: via the "Cancel Contract" button in the customer account at www.one-third.de (Section 356a BGB).

(b) By email to: info@one-third.de

To meet the withdrawal deadline, it is sufficient for the notice to be sent before the period expires.

11.2 Effects of Withdrawal

Upon valid withdrawal, the Provider will refund all payments made by the customer without delay, at the latest within 14 days, via the same payment method. Since shipping is free of charge, the entire purchase price will be refunded.

The consumer must return the goods within 14 days to the following address:

Erik Meyer, Barkhausenstraße 30, 27568 Bremerhaven, Germany

Return shipping is free of charge for the consumer. The Provider bears the cost of return shipping.

11.3 Digital Content – Expiry of the Right of Withdrawal

Digital content is sold exclusively as a bundle together with a physical product. The right of withdrawal therefore always relates to the entire bundle. If the bundle is validly withdrawn from or returned, the license to use the digital content automatically expires upon refund of the purchase price. Further use of the digital content after the refund has been issued is not permitted.

11.4 Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

 

To:

EM Products (limited liability)

Jettbergskamp 3, 22397 Hamburg

Email: info@one-third.de

 

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract 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 if this form is communicated on paper): ___________________________

Date: ___________________________

 

(*) Delete as applicable.

 

Section 12 Returns and Refunds

(1) Returns of physical products are possible within 30 days of receipt. The goods must be in undamaged condition.

(2) Returns must be sent to the following address: Erik Meyer, Barkhausenstraße 30, 27568 Bremerhaven, Germany.

(3) Return shipping is free of charge. The Provider will provide the customer with a return label upon request.

(4) After receipt and inspection of the goods, the refund will be issued without delay, at the latest within 14 days, via the originally used payment method.

(5) Digital content is part of a bundle and cannot be returned separately. Upon return of the complete bundle within the 30-day period, the entire purchase price will be refunded. The license to use the digital content automatically expires upon refund.

 

Section 13 Warranty and Liability for Defects

(1) Statutory warranty rights apply. The warranty period for new goods is two years from delivery for consumers.

(2) For businesses, the warranty period is one year from delivery.

(3) For digital content, the statutory warranty rights under Sections 327 et seq. BGB apply.

(4) Notice pursuant to EU Directive 2024/825: From September 27, 2026, warranty and guarantee labels for physical goods will become mandatory. The Provider will implement these requirements in due time.

 

Section 14 Limitation of Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health, and for damages caused intentionally or through gross negligence. This liability cannot be excluded by contract.

(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations) – that is, obligations whose fulfillment is essential to the proper performance of the contract in the first place – liability is limited to the damage that is typically foreseeable for this type of contract.

(3) Beyond this, the Provider’s liability for slight negligence is excluded. Liability under the Product Liability Act remains unaffected.

 

Section 15 Force Majeure

The Provider is released from its obligation to perform to the extent and for as long as performance is impossible or unreasonable due to circumstances beyond the Provider’s control. This includes, in particular, natural disasters, pandemics, war, strikes, official orders, and supply shortages affecting upstream suppliers. The Provider will inform the customer without delay. If the disruption lasts longer than four weeks, both parties are entitled to cancel the contract. Any payments already made will be refunded in full.

 

Section 16 Newsletter

(1) Customers may sign up for the Provider’s newsletter at www.one-third.de. Sign-up takes place via a double opt-in procedure: after entering their email address, the customer receives a confirmation email with an activation link.

(2) The newsletter contains information about products, offers, and news. The email address will not be shared with third parties.

(3) Consent to receive the newsletter may be withdrawn at any time – via the unsubscribe link in each newsletter email, or by informal notice to info@one-third.de.

 

Section 17 Data Protection

(1) The Provider processes the customer’s personal data for the purpose of fulfilling the contract in accordance with the GDPR. Further information can be found in the Privacy Policy at www.one-third.de.

(2) The shop is operated via Shopify. Shopify collects and processes customers’ personal data, among other things to provide improved services (Shopify Network Intelligence). Customers may withdraw their consent to advertising processing at any time. Further details are governed by Shopify’s privacy policy for consumers.

 

Section 18 Copyright and Usage Rights

(1) All content contained in the shop is protected by copyright.

(2) Upon purchasing a digital product, the buyer receives a simple, non-transferable right of use for personal and private purposes. Any use beyond this requires the express written consent of the Provider.

 

Section 19 Discount Codes and Gift Vouchers

19.1 Discount Codes

(1) Should the Provider issue discount codes, the following conditions apply. The applicable terms (minimum order value, validity period, redemption limit) are stated for each respective discount code.

(2) Only one discount code may be redeemed per order. Combining multiple discount codes, or combining a discount code with other ongoing promotions, is not possible.

(3) Discount codes are time-limited and/or limited to a certain number of redemptions. Upon expiry, they lapse without compensation.

(4) Discount codes are personal and non-transferable. Passing them on, selling them, or otherwise assigning them to third parties is not permitted. Cash payout is excluded. Discount codes are valid exclusively for orders placed at www.one-third.de.

(5) In the event of a return or withdrawal, only the actually paid, reduced purchase price will be refunded. There is no entitlement to a refund of the discount value or to the issuance of a new code.

19.2 Gift Vouchers

Should gift vouchers be offered, the conditions current at the time of purchase, as stated for the respective voucher, apply. Gift vouchers cannot be redeemed for cash.

 

Section 20 Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

Section 21 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of residence.

(2) The place of jurisdiction for disputes with businesses is Hamburg.

(3) Should individual provisions of these Terms be invalid, this shall not affect the validity of the remaining provisions.

(4) The Provider reserves the right to amend these Terms with effect for the future. The currently valid version is available on the website.