I. GENERAL TERMS and CONDITIONS (§ 1–§ 10)
DiaboloFocus — Guillaume Karpowicz, Marwitzer Str. 54a, 13589 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 together with the order confirmation by email. After completion of the order process, the contract text is no longer accessible via the website.
(5) The contract language is English. German-language terms are available upon request.
§ 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), prices are shown net of VAT. Customers may 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: PayPal, credit card (via Stripe), Wix Payments, SEPA bank transfer. The Seller reserves the right to offer or exclude certain payment methods.
(5) In the case of SEPA bank transfer, payment is due within 7 days of receipt of the order confirmation. Goods are dispatched upon receipt of payment.
§ 4 Delivery and Shipping
(1) Delivery is made to the shipping address specified by the Customer. Delivery times stated in the online shop are approximate and commence upon receipt of payment (for advance payment) or upon contract conclusion (for immediate payment methods).
(2) Unless otherwise stated, the standard delivery time within Germany is 2–5 business days, within the EU 5–15 business days, and outside the EU 10–30 business days. Actual delivery times may vary depending on the destination country and customs processing.
(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.
§ 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: For orders valued at £135 or less, UK VAT may apply at the point of sale. For orders exceeding £135, customs duties and import VAT may be collected upon delivery by the carrier. The Customer is responsible for any applicable import charges.
(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 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) In the event of a defect, the Consumer is entitled to supplementary performance (repair or replacement, at the Consumer's choice), and — if supplementary performance fails — to reduction of the purchase price or withdrawal from the contract, as well as damages.
(4) For business customers (B2B): The warranty period is one year from delivery. The provisions of § 377 HGB (duty of inspection and notification) apply.
(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) Important product information: Diabolo equipment is designed for juggling and is subject to mechanical stress during use. Hard-cup diabolos may crack over time due to impact, particularly in cold temperatures or on hard surfaces. This constitutes normal wear and tear, not a product defect.
§ 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), 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 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 habitually resident in the EU, the Customer also benefits from any mandatory provisions of the law of the country of habitual residence (Art. 6(2) Rome I Regulation).
(3) For Entrepreneurs, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Berlin, Germany.
§ 10 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 of your decision to withdraw from this contract by an unequivocal statement (e.g., email or a letter sent by post). You may use the model withdrawal form below, but it is not obligatory.
DiaboloFocus — Guillaume Karpowicz
Laubacher Str. 53
14197 Berlin, Germany
Email: info@diabolofocus.com
Phone: +49 163 636 3431
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.
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:
Guillaume Karpowicz
DiaboloFocus
Laubacher Str. 53
14197 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.
Model Withdrawal Form
Complete and return this form only if you wish to withdraw from the contract
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:
1. Supplementary performance (Nacherfüllung): You may request, at your choice, either repair of the defective product or delivery of a defect-free replacement (§ 439 BGB).
2. Price reduction or withdrawal (Minderung/Rücktritt): If supplementary performance fails (after two attempts), is refused, or is unreasonable, you may reduce the purchase price or withdraw from the contract and receive a full refund (§§ 437, 441 BGB).
3. Damages: You may also claim damages under the statutory conditions (§ 437 Nr. 3 BGB).
Warranty Period
The statutory warranty period for new goods is two years from the date of delivery. 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.
What the Warranty Does NOT Cover
The statutory warranty covers defects that existed at the time of delivery. It does not cover:
• Normal wear and tear from use
• Damage caused by improper use, accidents, or external factors
• Cosmetic changes that do not affect the product's function
Important: Diabolo cups are made from engineered plastics that can become brittle in cold temperatures (below approximately 5°C / 41°F). Cracking due to use on hard, abrasive surfaces or in freezing conditions is considered normal wear, not a manufacturing defect.
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:
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: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies
Consumer Arbitration (Verbraucherschlichtung)
Pursuant to § 36 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.
