Terms of service
Version: 07/2025
Â
Â
§ 1 Scope of Application
(1) These Terms and Conditions (hereinafter referred to as “T&C”) apply to all contracts concluded between us (OutSmart Supplies, Leharstraße 3, 74747 Ravenstein, www.outsmartsupplies.com) and our customers via our online shop. In addition to these T&C, the applicable statutory provisions shall apply. The online purchase of our products as well as the use of our website are intended exclusively for consumers. OutSmart Supplies is not obligated to accept orders from businesses, legal entities, or other commercial buyers. We also reserve the right to reject orders that are clearly intended for resale by unauthorized dealers or distribution channels.
(2) Deviating or supplementary terms and conditions of the customer shall only become part of the contract if OutSmart Supplies has expressly agreed to their application.
Â
Â
§ 2 Conclusion of Contract / Contract Language / Storage of Contract Text
(1) The presentation and promotion of products in the OutSmart Supplies online shop do not constitute a binding offer to conclude a purchase contract.
(2) By clicking the "Buy Now" button, the customer submits a binding order for the products contained in the shopping cart. Placing an order is only possible if the customer has acknowledged and accepted these Terms and Conditions, the Privacy Policy, and the Right of Withdrawal information by checking the respective boxes. By submitting the order, the customer submits a legally binding offer, which remains binding for seven (7) calendar days. Any statutory right of withdrawal remains unaffected.
(3) Upon receipt of the order, OutSmart Supplies will promptly send the customer an automatic order confirmation via email. This confirmation of receipt does not constitute acceptance of the offer unless expressly stated otherwise. A separate order confirmation will be sent to the customer within three business days after receiving the order. The customer is obliged to carefully check all emails (including order confirmations and receipts) to ensure the accuracy of the information provided. The order confirmation includes all relevant contractual information in text form, including these Terms and Conditions, the Right of Withdrawal notice, and the Privacy Policy.
(4) The purchase contract is only concluded when OutSmart Supplies expressly declares acceptance of the order via email or by dispatching the ordered products. All orders are subject to the availability of the ordered items. If a product is unavailable, OutSmart Supplies reserves the right to reject the order. In such cases, the customer will be informed and may be notified of alternative or similar products available in the online shop.
(5) The contract is concluded exclusively in the German language.
(6) Before submitting the binding order, the customer has the opportunity to save the contract text. OutSmart Supplies does not store the contract text permanently. After conclusion of the contract, the customer will receive the contractual terms, including details of the ordered products, these Terms and Conditions, and the Right of Withdrawal notice by email.
(7) If an accepted order cannot be fulfilled temporarily due to force majeure or other unforeseeable events beyond OutSmart Supplies' control (such as war, natural disasters, strikes, epidemics, pandemics, or official measures), the agreed delivery period will be extended by the duration of the disruption plus a reasonable lead time, but by no more than three months. OutSmart Supplies will inform the customer within 14 days of the start and expected end of such delays. If the disruption lasts longer than six weeks, either party may withdraw from the affected contract. Payments already made for goods that can no longer be delivered will be fully refunded. The customer's statutory rights regarding delivery delays remain unaffected.
§ 3 Right of Withdrawal / Exclusion of the Right of Withdrawal
If the customer concludes the purchase contract for purposes that are predominantly not attributable to their commercial or self-employed professional activity ("consumer"), the following right of withdrawal applies:
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period is 30 days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (OutSmart Supplies, LeharstraĂźe 3, 74747 Ravenstein, Germany, email: support@outsmartsupplies.com) by means of a clear statement (e.g. sent by email or letter) of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you without delay and at the latest within 30 days from the day on which we receive notice of your withdrawal.
For the refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this refund. We may refuse to make the refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us without delay and in any event no later than 30 days from the day on which you notify us of the withdrawal from this contract.
The deadline is met if you dispatch the goods before the period of 30 days has expired.
Returns are free of charge.
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.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To:
OutSmart Supplies
LeharstraĂźe 3
74747 Ravenstein
support@outsmartsupplies.com
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ():
Ordered on () / received on () _________________________
Name of the consumer(s) _________________________
Address of the consumer(s) _________________________
Signature of the consumer(s) (only if this form is notified on paper) _________________________
Date _________________________
(*) Delete as appropriate.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods
– that are not prefabricated and for whose manufacture an individual choice or decision by the consumer is decisive, or
– that are clearly tailored to the personal needs of the consumer,
– as well as for goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or their packaging has been opened.
§ 4 Shipping Costs / Delivery Time / Availability
(1) Deliveries are generally made at the expense of OutSmart Supplies, unless otherwise agreed. An overview of applicable shipping costs can be found here. In the event of a withdrawal, the customer does not bear any costs for returning the goods.
(2) Due to high demand, the delivery time may take up to 14 business days, unless a different delivery time is specified in our online shop or has been otherwise agreed upon. The delivery period begins upon conclusion of the contract.
(3) If the goods are not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer’s offer to contract, meaning no purchase contract will be concluded. If the goods are only temporarily unavailable, we will also inform the customer without delay.
§ 5 Prices and Payment Terms
(1) All prices listed in the OutSmart Supplies online shop are total prices and include the applicable statutory VAT. Additional shipping costs may apply, which will be displayed separately to the customer during the order process and on the order summary page prior to completing the order.
(2) The purchase price becomes due immediately upon conclusion of the purchase contract.
(3) The following payment methods are available to the customer:
PayPal, Apple Pay, Google Pay, Klarna, Mastercard, Maestro, VISA, and Shop Pay.
(4) The purchase price must be paid no later than 30 days after receipt of the goods and the invoice.
§ 6 Retention of Title
The delivered goods remain our property until full payment of the purchase price has been received.
§ 7 Warranty
The warranty for defects in quality or title of delivered goods is governed—subject to the provisions of § 8—by the applicable statutory regulations, in particular §§ 434 et seq. of the German Civil Code (BGB).
§ 8 Liability
(1) We are liable to the customer in accordance with statutory provisions for damages and reimbursement of expenses in cases of culpable injury to life, body, or health, as well as in cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee by us, or under the German Product Liability Act.
(2) We are also liable in cases of simple negligence where a breach of essential contractual obligations occurs. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. In such cases, our liability is limited to compensation for foreseeable, contract-typical damages.
(3) In all other respects, liability for damages and reimbursement of expenses—regardless of the legal basis—is excluded.
(4) The above provisions also apply in favor of our legal representatives and agents, should claims be asserted directly against them.
§ 9 Applicable Law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the customer has placed the order as a consumer and, at the time of the order, has their habitual residence in another country, the mandatory legal provisions of that country remain unaffected by this choice of law.
§ 10 Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/.
(2) We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Miscellaneous
(1) These Terms and Conditions may be amended from time to time. The amended Terms and Conditions shall apply to orders placed after the changes come into effect. Please visit our website to view the latest version.
(2) If you have any complaints, please contact us via email at support@outsmartsupplies.com. We will do our best to respond within 14 days of receiving your complaint. If additional time is required to provide a response, we will inform you of the delay and explain the reasons.
Â