Terms & CONDITIONS (Quick Summary)

Who you’re buying from

All orders in this shop are with Damir Masic (“DAMMA®”).

How a contract is made

  • Adding items to your cart is not binding.

  • The contract is only final when we confirm shipping (or when you choose prepayment, then it’s final once we ask for payment).

  • You’ll always get an order confirmation by email.

Delivery

  • We ship with a provider of our choice.

  • Shipping costs depend on where you live and your order value.

  • Partial deliveries are possible, but only if they make sense and don’t cause extra costs for you.

Payment

  • You can pay by direct debit, credit card, prepayment, or other options shown at checkout.

  • Invoices are sent by email (PDF).

  • DAMMA is a small business and does not charge VAT.

Vouchers

  • Available in values from €25 to €200.

  • Valid for 3 years.

  • Can only be used in our online shop.

  • No cash payout or refund possible.

Ownership

  • Goods remain our property until fully paid.

Warranty & Liability

  • If something is faulty, you can request repair/replacement, a refund, or a price reduction.

  • DAMMA is only liable for damages in cases of intent, gross negligence, or harm to life/health.

  • Beyond that, liability is limited to foreseeable damages typical for this type of contract.

Right of Withdrawal (for consumers)

  • You can cancel your order within 14 days without giving a reason.

  • Return shipping costs are on you.

  • We’ll refund your payment (including basic shipping) within 14 days after receiving your return.

  • Exceptions: custom-made or personalized products cannot be returned.

TERmS & CONDITIONS (FULL)

§ 1 General

Your contractual partner for all orders placed within the online offer of DAMMA is Damir Masic, hereinafter referred to as "DAMMA". Conflicting or deviating terms of the customer shall only be binding if DAMMA has acknowledged them in writing.

§ 2 Conclusion of Contract

(1) The "offers" contained on the website represent a non-binding invitation to the customer to place an order with DAMMA.

(2) The customer may place a selected or designed product without obligation in the virtual shopping cart. The content of the shopping cart can be viewed at any time by clicking the "Cart" button. Products can be removed from the shopping cart by clicking the "Delete" button. If the customer wishes to purchase the products in the shopping cart, they must click the "Proceed to Checkout" button.

(3) By submitting the completed order form on DAMMA's website via the "Buy Now" button, the customer submits a binding offer to conclude a contract with DAMMA. Before the final submission, the customer has the opportunity to check the correctness of their entries on an overview page and to correct them by selecting the "Back" button in the web browser.

DAMMA will send the customer an order confirmation by email and review the customer’s offer for feasibility. The order confirmation does not constitute acceptance of the offer but is intended only to inform the customer that their order has been received. The contract is only concluded when DAMMA dispatches the ordered product to the customer and confirms the dispatch with a second email (shipping confirmation) within a maximum of 4 days. This does not apply if the customer selects "prepayment" as the payment method during the order process; in this case, the request for payment already constitutes acceptance of the offer, which occurs within a maximum of 2 days after submission of the binding offer as part of the order confirmation. The following languages are currently available for the ordering process: German, French, English, Dutch. DAMMA stores the contractual information and sends the customer the order details as well as these General Terms and Conditions by email. The General Terms and Conditions can also be viewed at any time under "AGB". The details of past orders can also be viewed online in the customer’s user account on DAMMA’s website.

(4) The conclusion of the contract is subject to timely and complete self-supply. This reservation does not apply in the event of short-term delivery disruptions or if DAMMA is responsible for the non-delivery, in particular if DAMMA fails to procure a congruent covering transaction in due time. The customer will be informed immediately of the unavailability of the service. If the customer has already provided consideration, it will be refunded.

§ 3 Delivery / Shipping

(1) Delivery is made by a shipping service provider chosen by DAMMA. The customer shall bear the shipping costs, which may depend on the order value and the delivery location.

(2) DAMMA is only entitled to make partial deliveries if
a) the partial delivery can be used by the customer within the scope of the contractual purpose,
b) delivery of the remaining ordered goods is ensured, and
c) the customer does not incur significant additional work or costs.

§ 4 Payment

(1) Payment shall be made at the customer’s choice by direct debit (SEPA basic mandate), credit card, prepayment, or other payment methods. DAMMA reserves the right to restrict the choice of payment methods available to the customer depending on order value, shipping region, or other objective criteria. In the case of payment by direct debit (SEPA basic mandate), DAMMA will send the customer the pre-notification after the order has been placed as part of the order confirmation. The debit will take place at banks in Germany, Austria, and Spain at the earliest 1 day after the pre-notification has been sent, and at banks in other countries at the earliest 5 days after the pre-notification has been sent.

(2) If the payment method chosen by the customer is not feasible despite contractual performance by DAMMA, in particular because a debit from the customer’s account is not possible due to insufficient funds or incorrect data, the customer shall reimburse DAMMA or the third party appointed to handle the transaction for the additional costs incurred.

(3) If “invoice” is selected as the payment method, DAMMA may in individual cases carry out a credit check before concluding the contract in order to protect itself against payment defaults and to prevent crimes such as fraud. For this purpose, CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich, will provide DAMMA with address and credit data stored in its database regarding the customer, provided that DAMMA has credibly demonstrated a legitimate interest. The credit data is determined on the basis of mathematical-statistical methods. For the purpose of deciding on the establishment or execution of the contractual relationship, DAMMA collects and uses probability values, into which, among other things, address data is included.

(4) The customer shall only be entitled to set-off or retention rights to the extent that their claim has been legally established or is undisputed. In addition, the customer may only exercise a right of retention if the customer’s claim arises from the same contractual relationship. In the case of defects in delivered goods, the customer’s counterclaims shall remain unaffected.

(5) The customer agrees to receive invoices exclusively in electronic form. Invoices will be provided to the customer in PDF format via email.

(6) Pursuant to §19 UStG, DAMMA is exempt from VAT as a small business. Therefore, VAT is not shown on our invoices.

§ 5 Vouchers

Voucher value: The voucher can be purchased with a value of €25, €50, €100, €150 or €200.

Redemption: The voucher can only be redeemed in the DAMMA online shop at www.damma.online. A cash payout or partial amounts are not possible.

Validity: Vouchers are valid for 3 years from the date of purchase and can be redeemed within this period.

Multiple redemption: The voucher can be used for one or more orders until the full amount has been used.

Returns and exchange: An exchange or refund of the voucher amount is excluded.

Remaining balance: Any remaining balance does not expire and can be used for the next order.

Loss of the voucher: In case of loss, theft, or illegibility of the voucher, DAMMA assumes no liability. The voucher cannot be replaced.

Applicable law: German law applies to these vouchers.

§ 6 Retention of Title

(1) The goods remain the property of DAMMA until all claims arising from the contract have been settled.

(2) The customer is obliged to handle the goods with care until ownership has passed to them.

§ 7 Warranty

(1) If a defect subject to warranty exists, the customer is entitled, within the scope of statutory provisions, to demand subsequent performance, withdraw from the contract, or reduce the purchase price. Customer claims for damages exist only in accordance with § 7.

(2) If the customer is an entrepreneur, the limitation period for warranty claims is one year. For damage claims of the customer in accordance with § 7, only the statutory limitation periods apply.

§ 8 Liability – Responsibility

(1) a) DAMMA shall be liable for damages, regardless of the legal basis, in cases of intent and gross negligence.

b) In cases of simple negligence, DAMMA shall only be liable
aa) for damages resulting from injury to life, body, or health, or
bb) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contracting party regularly relies and may rely). In the case of a breach of an essential contractual obligation, DAMMA’s liability shall, however, be limited to compensation for foreseeable damage typical of the contract.

c) Any liability of DAMMA beyond that specified in this paragraph (1), regardless of the legal basis (including contractual liability, tort, negligence, or indemnification claims), is excluded.

d) Any exclusions or limitations of liability arising from this paragraph (1) shall not apply
aa) if DAMMA has fraudulently concealed a defect from the customer,
bb) if DAMMA has given a guarantee as to the quality of the goods, or
cc) if DAMMA is liable on a statutory basis regardless of fault, including liability under the German Product Liability Act.

(2) To the extent that DAMMA’s liability is excluded or limited under paragraph (1), this shall also apply to any personal liability for damages on the part of DAMMA’s bodies, legal representatives, employees, agents, and vicarious agents.

§ 9 Information on the Right of Withdrawal for Consumers

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (DAMMA, info@damma.online) by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this repayment, we will use the same payment method that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling them in a manner 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 in particular to contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.