General Terms and Conditions (GTC)
KartenKoloss GbR
As of: March 2026
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter "GTC") of KartenKoloss GbR, represented by the partners Falk Lohmann-Wichmann and Gaino Armando Dusbaba, Cohrsweg 9, 27339 Riede, Germany (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller via the Seller's online shop at https://kartenkoloss.de.
(2) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 BGB).
(3) An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB).
(4) These GTC apply exclusively. Deviating, conflicting or supplementary GTC of the Customer shall only become part of the contract if the Seller has expressly agreed to their validity in writing.
§ 2 Conclusion of Contract
(1) The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
(2) The Customer can submit the offer via the order form integrated into the online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process.
(3) The Seller can accept the Customer's offer within five working days by sending the Customer an order confirmation via email or by shipping the goods to the Customer. The automatic confirmation of receipt of the order does not yet constitute acceptance of the offer, but merely confirms receipt of the order.
(4) The contract text will be stored by the Seller and sent to the Customer by email after the Customer has submitted their order, together with these GTC. Furthermore, the Customer can access the GTC at any time at https://kartenkoloss.de/pages/agb.
(5) The contract language is German.
§ 3 Prices and Payment Conditions
(1) All prices in the Seller's online shop are total prices including the statutory value-added tax. The delivery and shipping costs incurred for the Customer in each individual case are separately indicated in the respective product offer and in the ordering process before the Customer's order.
(2) For deliveries to countries outside the Federal Republic of Germany, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions or import duties or taxes (e.g. customs duties).
(3) The Customer has the following payment options available: PayPal, Klarna, and other payment methods indicated in the ordering process.
(4) The purchase price is due upon conclusion of the contract, unless otherwise specified for the respective payment method.
§ 4 Delivery and Shipping Conditions
(1) Goods are delivered by shipping to the delivery address specified by the Customer. The Seller delivers within the member states of the European Union.
(2) Unless otherwise specified in the respective product offer, the goods will be delivered within 1-5 working days after conclusion of the contract (in case of agreed prepayment, after the payment instruction). For deliveries outside Germany, the delivery time may be extended accordingly. If the items are pre-order items, the delivery period is based on the specified release date.
(3) If the Seller cannot deliver the ordered goods because the Seller is not supplied by its supplier without any fault on the Seller's part, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive a comparable product, the Seller will immediately refund any consideration already provided by the Customer.
(4) For orders with a value of 125 EUR or more, delivery within Germany is free of shipping costs. The respective shipping costs will be displayed to the Customer before completing the order.
(5) Transfer of risk: For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer or an authorized recipient upon handover.
§ 5 Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
§ 6 Right of Withdrawal
(1) Consumers have a statutory right of withdrawal. The details are set out in the Seller's withdrawal policy, available at https://kartenkoloss.de/pages/widerrufsbelehrung.
(2) According to § 312g para. 2 no. 3 BGB, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. Displays and booster packs of collectible card products (Trading Card Games) are delivered sealed by the Seller. After opening the seal, the random card content is revealed and the goods can no longer be restored to their original condition. The Seller therefore considers the opening of the seal to be a reason for exclusion of the right of withdrawal within the meaning of the aforementioned provision.
(3) Regardless of paragraph 2, in the event of withdrawal for opened displays and booster packs, the Customer is in any case obliged to compensate for the value according to § 357 para. 7 BGB, insofar as the loss of value is due to handling that is not necessary to check the quality, characteristics and functionality of the goods. Opening sealed collectible card products goes beyond a mere check of the goods and leads to a complete loss of value.
(4) Undamaged, originally sealed goods can, of course, be returned without restriction within the withdrawal period.
§ 7 Liability for Defects (Warranty)
(1) The statutory warranty rights apply. For consumers, the warranty period for new goods is two years from the handover of the goods.
(2) If the customer is an entrepreneur, the warranty period is one year from the handover of the goods. This does not apply to claims for damages by the customer due to injury to life, body or health, or for damages caused by gross negligence or intent.
(3) Due to the nature of collectible card products (Trading Card Games), the goods may vary in the composition and rarity of the cards contained. This does not constitute a defect of the goods.
(4) Obvious transport damage must be reported immediately to the delivery agent and the Seller. Failure to make such a report does not affect the customer's statutory warranty claims.
§ 8 Limitation of Liability
(1) The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses as follows:
(2) The Seller is liable without limitation on any legal grounds for intent or gross negligence, for intentional or negligent injury to life, body or health, based on a guarantee promise (unless otherwise stipulated for the guarantee) and based on mandatory liability such as under the Product Liability Act.
(3) If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations).
(4) In all other respects, any liability of the Seller is excluded.
(5) The above liability regulation also applies with regard to the liability of the Seller for its vicarious agents and legal representatives.
§ 9 Data Protection
The Seller processes the Customer's personal data for a specific purpose and in accordance with statutory provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). The detailed data protection declaration can be found at https://kartenkoloss.de/pages/datenschutzerklarung.
§ 10 Consumer Dispute Resolution
The Seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Applicable Law / Place of Jurisdiction
(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 who conclude the contract not for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Verden (Aller). This also applies if the Customer does not have a general place of jurisdiction in Germany or their domicile or habitual residence is unknown at the time the action is brought.
§ 12 Severability Clause
Should individual provisions of these GTC be or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
Seller Contact Details
KartenKoloss GbR
Owners: Falk Lohmann-Wichmann & Gaino Armando Dusbaba
Cohrsweg 9, 27339 Riede, Germany
Email: kontakt@kartenkoloss.de
Phone: +49 1525 8993983