General Terms and Conditions
I. General Terms and Conditions (§ 1–§ 12)
DiaboloFocus, Guillaume Karpowicz
Registered address: Marwitzer Str. 54a13589 Berlin
Germany
(hereinafter “Seller”)
§ 1 Scope and Definitions
(1) These General Terms and Conditions (GTC) apply to all contracts concluded between the Seller and the Customer via the online shop at diabolofocus.com.
(2) A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB). An “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (§ 14 BGB).
(3) These GTC apply in their version valid at the time of the order. Deviating terms of the Customer are not recognized unless the Seller expressly agrees to their validity in writing.
(4) This online shop is primarily intended for consumers (B2C). Business customers (B2B) requiring VAT-exempt invoicing or other commercial arrangements should contact us directly at info@diabolofocus.com.
§ 2 Contract Formation
(1) The product presentations in the online shop do not constitute binding offers but rather non-binding invitations to the Customer to place an order (invitatio ad offerendum).
(2) By clicking the “Place Order” button (or equivalent), the Customer submits a binding offer to purchase the items in the shopping cart. Prior to submitting the order, the Customer may review and amend the data at any time.
(3) The Seller confirms receipt of the Customer’s order by sending an automatic confirmation email (order confirmation). This order confirmation constitutes acceptance of the Customer’s offer, thereby concluding the contract.
(4) The contract text is stored by the Seller after the contract is concluded. The Customer receives the contract terms (these GTC including the withdrawal notice) as a PDF attached to the order confirmation email. After completion of the order process, the contract text is no longer accessible via the website.
(5) The contract can be concluded in English, German, French, or Spanish. The applicable contract language is the one in which you completed your order.
(6) A Customer under 18 may place an order only with the consent of a parent or legal guardian. This does not apply to a purchase paid with money given to the minor for that purpose or for their own free use.
§ 3 Prices and Payment
(1) All prices shown in the online shop are total prices in euros (€) inclusive of the applicable statutory value added tax (VAT). Additional delivery and shipping costs are displayed separately before the order is completed and are not included in the product prices.
(2) For deliveries within the EU, VAT is charged at the applicable rate of the destination country in accordance with EU One-Stop-Shop (OSS) regulations. The applicable VAT rate is displayed at checkout.
(3) For deliveries outside the EU (including the United Kingdom, Switzerland, USA, and other countries), the sale is a VAT-exempt export delivery (§§ 4 Nr. 1a, 6 UStG). The displayed price remains the total price; no German VAT is charged or shown on the invoice, and the product price is not reduced by the VAT amount. Customers may additionally be liable for import duties, taxes, and customs clearance fees imposed by the destination country. These charges are the responsibility of the Customer and are not included in the order total (see § 6).
(4) The following payment methods are available: credit card or debit card (Visa, Mastercard), PayPal, Apple Pay, Google Pay, iDEAL, Wero, Bancontact and Link. Payments are processed by Stripe Payments Europe Ltd. The Seller reserves the right to offer or exclude certain payment methods.
§ 4 Delivery and Shipping
(1) Delivery is made to the shipping address specified by the Customer. The delivery time begins when the contract is concluded.
(2) The delivery time that applies is the one shown for the destination country on the product page, during checkout and on the Shipping and Returns page. It is currently 2–3 working days within Germany and 4–8 working days within the EU; for destinations outside the EU, depending on the destination country and the shipping method chosen, between 4 working days and 3 weeks, and up to 2 months with Warenpost.
(3) For Consumer orders: The risk of accidental loss or deterioration of the goods passes to the Consumer upon delivery of the goods (§ 475 Abs. 2 BGB). This applies regardless of whether the Customer is in default of acceptance.
(4) The Seller ships using Deutsche Post / DHL and other carriers selected at the Seller’s discretion. Shipping rates are calculated by weight and destination and displayed before checkout.
(5) If the Seller cannot deliver within the stated delivery period due to circumstances beyond the Seller’s control (e.g., supply shortages from manufacturers), the Seller shall inform the Customer promptly. In the event of permanent unavailability, the Seller shall refund any payments already made.
(6) Delayed or missing parcels: If a parcel has not arrived within 5 working days after the end of the delivery time stated in paragraph (2), or its tracking has shown no movement for 10 working days, the Customer should inform the Seller, stating the order number. The Seller then asks the carrier to trace the shipment. If the tracking shows that the parcel is waiting at a post office or pickup point, the Seller tells the Customer, who should collect it there: the carrier returns uncollected parcels to the Seller after its holding period.
(7) If the carrier confirms the parcel as lost, if the parcel is returned to the Seller, or if it has still not arrived 15 working days after the Customer’s notice under paragraph (6), the Seller will, at the Customer’s choice, either send the goods again at no additional cost or refund the full purchase price including the shipping costs paid. If the parcel was returned because it was not collected or because the address given by the Customer was incorrect, a new dispatch is charged at the shipping cost shown at checkout.
(8) If the original parcel reaches the Customer after a refund or a replacement shipment, the Customer shall inform the Seller and either return the goods concerned, at the Seller’s expense, or keep them and pay their purchase price.
(9) The Customer’s statutory rights remain unaffected, in particular the right to withdraw from the contract once a reasonable additional period set for delivery has expired without result (§ 323 BGB).
§ 5 Retention of Title
The delivered goods remain the property of the Seller until full payment of the purchase price has been received.
§ 6 International Orders: Customs, Import Duties, and Taxes
(1) EU deliveries: All prices include VAT at the applicable rate of the destination country. No customs duties apply for shipments within the EU.
(2) United Kingdom: We are not registered for UK VAT. A minimum order value of €170 in products therefore applies to deliveries to the United Kingdom. The goods value of the consignment then exceeds £135. Such orders are treated as standard imports: UK import VAT and, where applicable, customs duties are collected from the Customer by the carrier upon delivery, together with any handling fee. UK VAT is therefore not charged at checkout, and all import charges are the responsibility of the Customer.
(3) Switzerland: Orders may be subject to Swiss import VAT (currently 8.1%) and carrier customs clearance fees. Since January 1, 2024, Switzerland has eliminated customs duties on industrial goods, but processing fees still apply.
(4) United States: As of August 2025, the former $800 de minimis duty exemption has been eliminated. All imports to the United States are subject to customs duties and taxes regardless of value. These charges are collected from the Customer upon delivery.
(5) All other countries: International orders may be subject to import duties, taxes, and customs clearance fees imposed by the destination country. These charges are determined by the local customs authority, vary by country, and are the sole responsibility of the Customer.
(6) Displayed prices do not include any customs duties, import taxes, or brokerage fees unless explicitly stated.
(7) For deliveries outside the EU, the maximum value per order is €999.00 (total order value). If you wish to purchase more than this amount, please place two or more separate orders.
§ 7 Statutory Warranty (Gewährleistung)
(1) The Seller is liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular § 434 ff. BGB.
(2) For consumers (B2C): The statutory warranty period for new goods is two years from the date of delivery (§ 438 Abs. 1 Nr. 3 BGB). This statutory right cannot be excluded or shortened. If a defect becomes apparent within 12 months of delivery, it is presumed that the defect existed at the time of delivery (§ 477 BGB).
(3) For a defect, consumers may request repair or replacement, subject to the statutory conditions. The seller bears the necessary costs of supplementary performance. Consumers may reduce the price, withdraw from the contract or claim damages where the respective statutory conditions are met.
(4) For business customers (B2B), the limitation period for defect claims is one year from delivery. This shortening does not apply to damages arising from injury to life, body or health, intent or gross negligence, fraudulently concealed defects, defects covered by a guarantee assumed by the Seller, or cases in which mandatory law requires a longer period. The inspection and notification duties under § 377 HGB apply only where their statutory conditions are met.
(5) The statutory warranty (Gewährleistung) is a legal right of the buyer against the seller. It is distinct from any voluntary manufacturer’s guarantee (Garantie).
(6) Care note: Diabolo equipment is designed for juggling and is subject to mechanical stress during use. The cups of hard-cup diabolos are made of plastic that becomes brittle below about 5 °C. We therefore recommend not using these diabolos in freezing conditions or on rough, abrasive surfaces. The Customer’s statutory warranty rights remain unaffected.
(7) For consumer purchase contracts concluded from 31 July 2026 under German law, a repair carried out as statutory supplementary performance extends the original limitation period for defect claims once by twelve months. Before supplementary performance, the Seller informs the Consumer about the choice between repair and replacement and this extension. Other statutory minimum periods and more favourable mandatory consumer rights remain unaffected.
§ 8 Liability
(1) The Seller is liable without limitation for damages arising from injury to life, body, or health caused by a negligent or intentional breach of duty by the Seller, its legal representatives, or its vicarious agents.
(2) The Seller is liable without limitation for damages caused by intentional or grossly negligent breaches of duty.
(3) In the event of a slightly negligent breach of a material contractual obligation (Kardinalpflicht), meaning an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the Customer may regularly rely, the Seller’s liability is limited to the foreseeable, contract-typical damage.
(4) In all other respects, liability for damages is excluded, regardless of the legal basis, insofar as legally permissible.
(5) The above limitations of liability do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or in the case of fraudulently concealed defects.
§ 9 AI Help Assistant
(1) The Seller offers an AI-based help assistant in the help center of the online shop. It generates answers automatically from the Seller’s own help texts and product data and is labelled as AI-generated. Using it is voluntary and forms no part of the contract of sale.
(2) Information given by the assistant is non-binding and may be incomplete or incorrect. Binding are only the product page of the item concerned, these GTC, the information provided to the Customer in text form, and the order confirmation. In particular, a statement by the assistant regarding price, availability, delivery time, technical specification or a policy of the Seller is not an offer and establishes no entitlement.
(3) The assistant has no access to customer accounts, orders or payment data and can make, amend or revoke no declaration binding on either party. Contract formation is governed exclusively by § 2.
(4) The Customer should not enter personal data into the assistant. The processing of data is described in the Privacy Policy.
(5) Liability is governed by § 8. This does not affect the Seller’s statutory duties to provide information or the Customer’s statutory rights.
§ 10 Loyalty Program
(1) The Seller operates a voluntary loyalty program. Participation is free of charge and forms no part of the contract of sale. There is no entitlement to admission to the program.
(2) Points are credited to the Customer’s account for qualifying events, currently a completed purchase, registration, a review of a purchased product, publication of an eligible new player profile, a public pin on the diabolo map and equipment shown on a public player profile. The rates in force are published on the loyalty program page of the online shop. Publishing a new player profile with a name and at least one meaningful detail earns a one-time bonus of 200 points per member. Profiles already existing when this reward launches, including empty or hidden profiles, are excluded. Creating a draft alone does not earn points. A member who puts themselves on the diabolo map from their player profile earns a one-time bonus of 200 points. A member who links at least 3 products of the online shop to their public player profile and enables “Show me on the shop pages of this equipment” earns a one-time bonus of 200 points. Each of these two bonuses is credited as soon as its condition is met and is granted on the condition that it remains met for 7 consecutive days: if within those 7 days the pin is removed or no longer publicly visible, or fewer than 3 products remain linked, the display is disabled or the profile is hidden, the bonus is deducted again, and if the points have already been spent the balance becomes negative and is offset against points earned later. A product the Seller removes from the range does not count against the member. After the 7 days the points remain with the member whatever they change, and meeting the condition again earns nothing further; a bonus that was deducted can be earned again. Review rewards are limited to a lifetime total of 2,500 points (€25 in checkout discounts) per customer. Once you reach this limit, further reviews never earn points. Spending points, expiry, a new period or a new order never resets this limit.
(3) Points are a non-cash benefit. They have no monetary value, cannot be paid out, sold, transferred to another account or exchanged for cash. Points for an order placed without a customer account since 23 September 2026 are held for the email address given with the order and credited to the customer account that is registered and verified with that address; they can only be redeemed from a customer account.
(4) Points are not deducted automatically. To redeem them the Customer must be signed in and select the reward during the checkout process; a discount not selected there is not applied afterwards and does not entitle the Customer to a subsequent refund.
(5) A discount obtained with points is apportioned across the items of the order. If the contract is withdrawn from or reversed, the Seller refunds the amount actually paid and returns the points used to the Customer’s account.
(6) A paid order starts a 12-month period for your points. Reviews credited during that period share its expiry date and do not extend it, even if your balance has reached zero. When the period ends, all remaining points expire. Your first eligible review reward credited after that starts a fresh 12-month period; later reviews share its deadline. A new paid order renews the remaining balance for 12 months. Expired points are never restored. The Seller may amend the rates, the rewards on offer or the program itself for the future with reasonable notice, and may exclude a Customer from the program in the event of misuse, in particular sham orders or reviews of products not purchased.
(7) The processing of the data required for the program is described in the Privacy Policy.
§ 11 Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies to all legal relationships between the Seller and the Customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a consumer, the Customer also benefits from the mandatory provisions of the law of the country in which the Customer has their habitual residence (Art. 6(2) Rome I Regulation).
(3) If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Berlin, Germany.
§ 12 Severability
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected.
II. Right of Withdrawal
Widerrufsbelehrung pursuant to Art. 246a § 1 Abs. 2 EGBGB
Your Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period expires fourteen days from the day on which you, or a third party other than the carrier indicated by you, acquires physical possession of the last good in your order.
How to Exercise Your Right
To exercise your right of withdrawal, you must inform us (DiaboloFocus, Guillaume Karpowicz, Marwitzer Str. 54a, 13589 Berlin, Germany, phone: +49 163 636 3431, email: info@diabolofocus.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., email or a letter sent by post). You can also exercise your right of withdrawal online at diabolofocus.com/withdrawal. If you use this online function, we will send you a confirmation of receipt of your withdrawal without undue delay by email, including information on the content of the withdrawal declaration and the date and time of its receipt. You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To DiaboloFocus, Guillaume Karpowicz, Marwitzer Str. 54a, 13589 Berlin, Germany, email: info@diabolofocus.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for 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 notified on paper),
Date
(*) Delete as appropriate.
Instead of the model form, you can also use the online form at diabolofocus.com/withdrawal.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw.
We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest.
Return of Goods
You shall send back the goods to:
Shipping and returns address: Laubacher Str. 5314197 Berlin
Germany
without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery.
III. Warranty and Statutory Rights
Gewährleistung: Your legal rights under German consumer law
Statutory Warranty: Your Legal Right
As a consumer purchasing from a German-based business, you are protected by the statutory warranty (Gewährleistung) under German law (§ 434 ff. BGB). This right cannot be excluded or limited and exists independently of any voluntary manufacturer guarantee.
What Does the Statutory Warranty Cover?
If a product you receive is defective (meaning it does not conform to the agreed quality, is not fit for the ordinary or contractual purpose, or does not possess the qualities that products of the same type normally possess), you have the following rights:
- Supplementary performance (Nacherfüllung): You may request, at your choice, either repair of the defective product or delivery of a defect-free replacement (§ 439 BGB).
- Price reduction or withdrawal is available under the statutory conditions. For consumer purchases, two unsuccessful repair attempts are not always required: § 475d BGB also covers an unsuccessful attempt, failure to remedy within a reasonable time, a sufficiently serious defect, or refusal of proper supplementary performance. Withdrawal for an insignificant defect is excluded; price reduction may remain available.
- Damages: You may also claim damages under the statutory conditions (§ 437 Nr. 3 BGB).
Warranty Period
The statutory limitation period for new goods under German law is normally two years from delivery. Statutory extensions remain unaffected. Consumers also retain any mandatory protection of the law of their habitual residence, as described in §11(2). If a defect appears within the first twelve months after delivery, it is legally presumed that the defect existed at the time of delivery (§ 477 BGB). After twelve months, the Consumer bears the burden of proving that the defect was present at delivery.
For consumer contracts concluded from 31 July 2026, statutory supplementary performance by repair extends the original limitation period for defect claims once by twelve months (§ 475e(5) BGB). Before supplementary performance is carried out, consumers must be informed of their statutory choice between repair and replacement and this extension (§ 475(4) BGB).
What the Warranty Does NOT Cover
Normal wear and damage caused after delivery by misuse, accidents or external factors are not defects for which the seller is liable, unless they result from an underlying defect present at delivery. A cosmetic defect can also be covered if the goods fail to meet the agreed or legally required quality.
Care note: Diabolo cups are made from engineered plastics that can become brittle in cold temperatures (below approximately 5 °C / 41 °F). We therefore recommend not using hard-cup diabolos in freezing conditions or on rough, abrasive surfaces. Your statutory warranty rights remain unaffected.
Gewährleistung vs. Garantie
The statutory warranty (Gewährleistung) is your legal right against the seller (DiaboloFocus) and lasts two years. A voluntary guarantee (Garantie) is an additional, optional commitment by the manufacturer or seller, with terms defined by the guarantor. The statutory warranty applies regardless of whether a voluntary guarantee exists.
How to Make a Warranty Claim
To report a defect, please contact us at info@diabolofocus.com.
Please include your order number, a description of the defect, and photographs if possible. We will respond within 5 business days.
IV. Dispute Resolution
Information on dispute resolution for consumers
EU Online Dispute Resolution Platform
The European Commission’s Online Dispute Resolution (ODR) platform was permanently deactivated on July 20, 2025 under Regulation (EU) 2024/3228. The platform is no longer available.
For information about alternative dispute resolution bodies in your EU Member State, you may visit consumer-redress.ec.europa.eu/dispute-resolution-bodies.
Consumer Arbitration (Verbraucherschlichtung)
Pursuant to § 36 VSBG of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG), we inform you that we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).
Contact Us First
We encourage customers to contact us directly before pursuing any formal dispute resolution. We are committed to resolving complaints fairly and promptly.
info@diabolofocus.com