Terms of service

Terms and Conditions

for the online shop at the URL

operated by

Cygnus Atratus GmbH
DE460206799
Emil-Riedel-Straße 2
80538 München
E-Mail: contact@cygnusatratus.com
Telefonnummer: 089 54193473

- hereinafter: Provider -

1. Scope of Application

These General Terms and Conditions (GTC) apply after their inclusion to all contracts concluded for the purchase of goods, services, or other assets (hereinafter "Goods") in the online shop under the above-mentioned URL in their version valid at the time of the conclusion of the contract. These GTC apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop represent a non-binding invitation by the Provider to online shop visitors to submit an offer to purchase the goods offered in the shop.

2.2 The ordering of the Goods takes place via the Provider's online order form. After selecting the desired Goods, entering all requested mandatory information, and completing all other mandatory steps in the ordering process, the selected Goods can be ordered by pressing the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contract offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written or text form (e.g., by e-mail) (Order Confirmation) and this Order Confirmation is received by the customer, or by delivering the ordered Goods and these Goods are received by the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and the request for payment is received by the customer; the decisive factor for the time of the conclusion of the contract is the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.

2.3 Before binding submission of the order via the Provider's online order form, the customer can check their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.

2.4 The Provider will store the text of the contract after the conclusion of the contract and transmit it to the customer in text form (e.g., by e-mail). No further accessibility of the contract text by the Provider will take place. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German, English

3. Right of Withdrawal for Consumers

Consumers are generally entitled to a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. Details can be found in the withdrawal policy, which will be made available to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory value-added tax and are subject to any shipping costs listed. The customer will be informed about the available payment options in the Provider's online shop.

4.2 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.

4.3 If payment via "PayPal" is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.4 If "Apple Pay" is selected as the payment method, payment processing is handled via the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately after the conclusion of the contract.

4.5 When selecting "Google Pay" as the payment method, payment processing is handled via Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately after the conclusion of the contract.

4.6 In the case of payment with "American Express", processing is handled by American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main. Payment is due immediately after the conclusion of the contract.

4.7 If "VISA" is chosen as the payment method, payment processing is handled via Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately after the conclusion of the contract.

4.8 If "Klarna" is chosen as the payment method, payment processing is handled via Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g., purchase on installments, purchase on invoice). Unless otherwise stated, payment is due immediately after the conclusion of the contract.

5. Retention of Title

The purchased Goods remain the property of the Provider until full payment of the purchase price.

6. Delivery and Reservation of Self-Delivery

6.1 Subject to deviating agreements, delivery is made within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.

6.2 Self-collection of the purchased Goods is excluded.

6.3 If the Provider cannot deliver the ordered Goods because they themselves were not supplied through no fault of their own, although they concluded a congruent hedging transaction with a reliable supplier in good time, the Provider is released from their obligation to perform and can withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Any consideration already rendered by the contracting party will be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The statutory provisions on liability for defects apply.

8. Liability and Indemnification

8.1 The Provider has unlimited liability:

for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
due to a guarantee promise, unless another regulation was made in this regard;
due to mandatory liability (e.g., according to the Product Liability Act).

8.2 If the Provider negligently breaches an essential contractual obligation, their liability is limited to the contractually typical, foreseeable damage, unless liability is unlimited in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely.

8.3 Otherwise, any liability of the Provider as well as the liability of their vicarious agents and legal representatives is excluded.

8.4 The customer indemnifies the Provider against any claims of third parties – including the costs of legal defense in their statutory amount – asserted against the Provider due to unlawful or contractually non-compliant actions by the customer.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For details, please refer to the Provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not lead to a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their state of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The registered office of our company can be found in the header of these GTC.

10.3 If a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.