Terms and Conditions

Last Updated: March 2026

1. Scope of Application

These Terms and Conditions (T&C) apply to all orders placed by consumers or entrepreneurs via the online shop at https://onyxunderwear.com.

Deviating, contradictory or supplementary terms and conditions of the customer shall only become part of the contract if we have expressly agreed to them in writing.

2. Definitions

(1) Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

(2) 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 commercial or self-employed professional activity.

(3) Customer within the meaning of these T&C includes both consumers and entrepreneurs.

3. Contracting Party, Identity of the Seller

The purchase contract is concluded with:

Onyx Underwear
Holunderstraße 3
45770 Marl
Germany

Represented by: Abdullah Al Saado
Phone: +49 177 2310549
Email: onyx.storeunderwear@gmail.com
Website: https://onyxunderwear.com

4. Contract Language and Storage of Contract Text

(1) The language available for contract conclusion is English.

(2) We do not store the contract text (order data and T&C) in a form accessible to the customer immediately after contract conclusion. However, you can print or save your order data electronically immediately after submitting your order. Additionally, you will receive an order confirmation email after placing your order, containing the essential data of your order.

5. Ordering Process and Contract Conclusion

(1) The display of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to order goods.

(2) You can place our products in your shopping cart without obligation and correct your entries before submitting a binding order at any time by using the correction aids provided and explained in the online shop.

(3) By clicking the "Buy Now" button, you submit a binding offer to conclude a purchase contract for the goods in the shopping cart.

(4) Immediately after submitting your order, you will receive an automated email in which we confirm receipt of your order (order confirmation). This order confirmation does not yet constitute acceptance of your offer.

(5) The contract is only concluded if we accept your order within 5 working days by a separate email (order confirmation/shipping confirmation) or dispatch the goods to you. If no acceptance occurs within this period, your offer shall be deemed rejected.

6. Prices, Shipping Costs, Delivery Area

(1) All prices shown in the online shop are final prices in Euros and include the applicable statutory value-added tax.

(2) In addition to the listed prices, we charge shipping costs for delivery within Germany, unless free shipping is offered. For orders over €30, shipping within Germany is free. For orders under €30, we charge a flat shipping fee of €3.90 per order.

(3) Delivery is generally only within Germany. Delivery to Austria or Switzerland is possible via external forwarding services (e.g., MeinEinkauf.ch, AllesPost Deutschland or similar service providers). In this case, you conclude a separate contract with the respective forwarding service provider; any additional costs shall be borne by the customer.

7. Payment Methods

(1) The following payment methods are generally available to you (the specifically available options will be shown to you during the ordering process):

• PayPal
• Credit Card
• Klarna payment methods (e.g., Instant Bank Transfer, Invoice, Direct Debit)
• Prepayment / Bank Transfer

(2) If you select the Prepayment / Bank Transfer payment method, we will provide our bank details in the order confirmation. Delivery will be made after receipt of payment.

(3) When paying via PayPal or credit card, you will be redirected to the website of the respective payment service provider during the ordering process. There, you will enter the payment instructions. Further information will be provided during the ordering process.

(4) When using Klarna payment methods (e.g., Klarna Invoice, Klarna Instant Bank Transfer, Klarna Direct Debit), Klarna may conduct a credit check. The additional Terms and Conditions and privacy notices of Klarna apply, which will be displayed to you during the payment process.

8. Delivery and Shipping Conditions, Transfer of Risk

(1) Delivery is made with a shipping service provider selected by us (e.g., DHL) to the delivery address provided by the customer.

(2) Unless otherwise specified in the offer, the delivery time within Germany is usually 2–5 working days after receipt of payment or after contract conclusion (for payment on invoice or direct debit).

(3) If no copies of the product you selected are available at the time of ordering, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, no contract is concluded. If the product is temporarily unavailable, we will inform you of this immediately and inform you of the expected delivery time.

(4) For consumers, the risk of accidental loss and deterioration of the sold goods passes to the consumer upon handing over the goods to the consumer or a person designated by the consumer.

(5) If the customer acts as an entrepreneur, the risk of accidental loss and deterioration of the goods passes to the customer upon handing over to the carrier, freight forwarder or other person or institution designated to carry out the shipment.

9. Retention of Title

The goods remain our property until full payment of all claims arising from the purchase contract. Before the transfer of ownership, pledging, security assignment, processing or modification is not permitted without our consent.

10. Right of Withdrawal

(1) If you are a consumer, you generally have a statutory right of withdrawal when concluding a distance selling contract.

(2) Details of the right of withdrawal (deadlines, exercise of withdrawal, consequences of withdrawal and the model withdrawal form) are set out in our separate Withdrawal Policy, which you can find on our website and which is made available to you during the ordering process.

(3) The right of withdrawal may be legally excluded for certain types of goods, such as sealed goods that are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery. The specific exclusion reasons are also described in the withdrawal policy.

11. Warranty (Defect Liability)

(1) The statutory defect liability rights (warranty) apply.

(2) If you are a consumer, the statutory limitation period for defect claims is two years from delivery of the goods.

(3) If you are an entrepreneur, the limitation period for defect claims is one year from delivery of the goods. This does not apply to claims for damages due to intent or gross negligence, due to injury to life, body or health, and under the Product Liability Act; the statutory limitation periods apply in these cases.

(4) For entrepreneurs, the obligation to inspect and give notice of defects according to § 377 of the German Commercial Code (HGB) applies. If no notice of defects is given, the goods shall be deemed approved.

12. Liability

(1) We are fully liable for damages arising from injury to life, body or health resulting from an intentional or negligent breach of duty by us, our legal representatives or vicarious agents.

(2) For other damages, we are fully liable only in cases of intent and gross negligence of our legal representatives or vicarious agents.

(3) In the event of slight negligence in the breach of essential contractual obligations (duties whose performance is essential for enabling the proper execution of the contract and on whose compliance the contracting party regularly relies), our liability is limited to the amount of the contractually typical, foreseeable damage.

(4) Otherwise, liability for slight negligence is excluded. The limitations of liability do not apply if we have fraudulently concealed a defect or have guaranteed the quality of the goods. The provisions of the Product Liability Act remain unaffected.

13. Online Dispute Resolution and Consumer Arbitration

(1) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr.

(2) We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected.

(2) If you are a merchant, a legal entity under public law or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

(3) Should individual provisions of these T&C be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the respective statutory provision shall apply.