Terms of service
General Terms and Conditions
1. Scope
The following Terms and Conditions apply to all orders placed via our online shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activities.
The following applies to businesses: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only form part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Opportunities to Correct Entries
The contract of sale is concluded with Eminia Trading GmbH.
By listing the products in the online shop, we are making a binding offer to conclude a contract for these products. You may initially add our products to your shopping basket without obligation and correct your details at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking the ‘Order’ button. Immediately after submitting your order, you will receive a confirmation email.
3. Contract language, storage of the contract text
The language(s) available for the conclusion of the contract: German
We do not store the contract text.
4. Delivery Terms
Delivery Options
We dispatch the products to the delivery address provided during the ordering process.
We only offer delivery by post. Unfortunately, it is not possible to collect the goods in person.
5. Payment
5.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
5.2 Payment Methods
The following payment methods are generally available in our shop.
Prepayment
If you select the prepayment option, we will provide you with our bank details in a separate email and dispatch the goods once payment has been received.
Credit Card
You will enter your credit card details during the ordering process. Your card will be charged immediately after the order is placed.
SEPA Direct Debit
By placing your order, you authorise us to take a SEPA direct debit. We will inform you of the date on which your account will be debited at least one banking day in advance (known as ‘prenotification’). A banking business day is any working day except Saturdays, national public holidays and 24 and 31 December of each year. Your account will be debited before the goods are dispatched.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have enabled the Apple Pay feature, authenticate yourself using your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. Further information will be provided during the ordering process.
Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have enabled the Google Pay function, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. Further information will be provided during the ordering process.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is processed by PayPal immediately after the order is placed. Further information will be provided during the ordering process.
PayPal may offer additional payment methods to registered PayPal customers selected according to its own criteria via their customer account. However, we have no influence over the offering of these payment methods; any additional payment methods offered on an individual basis relate to your legal relationship with PayPal. You can find further information on this in your PayPal account.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the withdrawal policy. No voluntary right of withdrawal is granted to businesses.
7. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will be helping us to assert our own claims against the carrier or the transport insurer.
For businesses: The risk of accidental loss or accidental deterioration passes to you as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment.
8. Warranty and Guarantees
Liability for defects
The statutory liability for defects applies.
Information for Consumers
When purchasing goods, the warranty period is a minimum of two years. Please also refer to the harmonised notice in accordance with Implementing Regulation (EU) 2025/1960 (the so-called ‘warranty label’) regarding the warranty for goods. You can find this here: https://eminiashop.com/en/pages/gesetzliche-gewahrleistung.
Warranties and after-sales service
Information on any additional warranties that may apply and their exact terms and conditions can be found with each product and on specific information pages in the online shop.
9. Liability
We shall always bear unlimited liability for claims arising from damage caused by us, our legal representatives or vicarious agents
in the event of loss of life, personal injury or damage to health,
in the event of a breach of duty caused by wilful misconduct or gross negligence,
in the event of warranty undertakings, where agreed, or
where the scope of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may reasonably rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.