Terms of Service

Malstrom — Last updated: [Jan2026]

1. Provider and Scope

This store and website, including all related content, features, tools, products and services (the "Services"), are operated by Malstrom, Julius Hintzen, c/o IP-Management #5354, Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany ("we", "us", "our"). Our store is technically powered by Shopify.

These Terms of Service ("Terms") govern your access to and use of the Services and the conclusion of purchase contracts through our store. They incorporate our [Privacy Policy] and [Right of Withdrawal / Cancellation Policy]. By placing an order, you agree to these Terms in the version in force at the time of your order.

A "consumer" is any natural person who concludes the contract for purposes outside their trade, business or profession (§ 13 German Civil Code, "BGB"). An "entrepreneur" acts in the course of their trade, business or profession (§ 14 BGB). Some provisions below apply only to consumers or only to entrepreneurs, as indicated.

2. Eligibility and Account

By using the Services, you confirm that you have the legal capacity to enter into a binding contract, or that you have the consent of a parent or legal guardian. Where you create an account, you are responsible for keeping your credentials confidential and for activity under your account. The information you provide must be accurate, complete and current.

3. Products and Descriptions

We describe and depict our products as accurately as possible. Colours and appearance may vary depending on your screen and device; minor deviations of this kind do not constitute a defect. Product offerings are subject to availability. We may change or discontinue items, but this does not affect orders we have already confirmed.

4. Orders and Conclusion of Contract

The presentation of products in the store does not constitute a binding offer but an invitation to place an order. By clicking the order button ("Buy now" / "Order with obligation to pay"), you make a binding offer to purchase the items in your cart.

We may confirm receipt of your order automatically by email; such confirmation of receipt does not yet constitute acceptance. A contract is formed only when we expressly declare acceptance or dispatch the goods. If we cannot accept your order (e.g. item unavailable, obvious pricing or content error), we will inform you promptly; any payment already made will be refunded without undue delay.

5. Prices and Payment

All prices shown are total prices in [currency] and include statutory VAT where applicable. [If accurate for your status: As a small business within the meaning of § 19 UStG, we do not levy VAT; accordingly, no VAT is shown.] Shipping costs and any import charges are stated separately (see Section 6).

Payment is due as indicated at checkout. You confirm that you are authorised to use the chosen payment method and that your billing details are accurate. Available payment methods are shown during the order process.

6. Shipping, Delivery and Import Charges

We deliver to the regions stated in our store. Delivery times shown are estimates. Some items may be dispatched from outside the European Union; in that case delivery may take longer, and we indicate the expected delivery time before you complete your order.

Where goods are shipped to you from outside the EU (or, for international orders, into your country), import VAT, customs duties or carrier handling fees may be charged on import and — unless expressly stated otherwise at checkout — are payable by you. We make any such potential charges and the relevant delivery times as transparent as reasonably possible before you order.

For consumers, the risk of accidental loss of or damage to the goods passes to you only upon delivery of the goods to you (§ 475 (2) BGB). For entrepreneurs, the risk passes upon handover to the carrier.

7. Right of Withdrawal (Consumers)

If you are a consumer, you have a statutory right to withdraw from the contract within 14 days without giving any reason. The conditions, the consequences of withdrawal, the statutory exceptions (in particular custom-made or personalised items and sealed goods unsuitable for return for reasons of hygiene once unsealed, e.g. underwear or swimwear), and the model withdrawal form are set out in our separate [Right of Withdrawal / Cancellation Policy], which forms part of these Terms.

8. Statutory Warranty / Liability for Defects

The statutory rights for defective goods (Gewährleistung, §§ 434 et seq. BGB) apply. For consumers, the limitation period for claims relating to defective new goods is two years from delivery. Nothing in these Terms excludes or limits the mandatory statutory rights of consumers. Any voluntary guarantee, where granted, is described separately and does not affect your statutory rights.

9. Liability

We are liable without limitation for damage arising from injury to life, body or health, for damage caused intentionally or by gross negligence, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent we have assumed a guarantee.

For slight negligence, we are liable only for breach of a material contractual obligation — an obligation the fulfilment of which is essential to the proper performance of the contract and on whose observance you may regularly rely. In such cases our liability is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded.

The above limitations also apply in favour of our employees, representatives and vicarious agents.

10. Intellectual Property

All content of the Services — including trademarks, logos, graphics, images, text, design and software — is owned by or licensed to Malstrom and is protected by law. You may use the Services for your personal, non-commercial purposes. Any reproduction, modification, distribution or other commercial exploitation requires our prior written consent. "Malstrom" and related marks are our trademarks; other names may be trademarks of their respective owners.

11. Third-Party Tools and Links

The Services may include third-party tools, functionality or links that we neither control nor monitor. Their use is at your own risk and subject to the relevant provider's terms and privacy policies. We are not responsible for the content or availability of external sites.

12. User Content and Reviews

Where you submit content (e.g. reviews, images, suggestions), you grant us a non-exclusive, royalty-free licence to use, reproduce and display that content for the operation and promotion of the Services. You retain ownership of your content. You confirm that your content is lawful, does not infringe third-party rights and contains no malicious code. We may remove content that breaches these Terms or applicable law.

13. Prohibited Conduct

You may not use the Services for unlawful or harmful purposes, including infringing laws or third-party rights, impersonation, harassment or fraud, introducing malicious code, interfering with security or operation, or exploiting the Services commercially without our consent.

14. Term and Termination

We may restrict or terminate your access to the Services for good cause, in particular where you materially breach these Terms or applicable law. Statutory rights of termination remain unaffected. Provisions which by their nature are intended to survive (in particular Sections 9, 10, 15) continue to apply after termination.

15. Relationship with Shopify

Our store is technically operated on the Shopify platform. The purchase contract is concluded solely between you and Malstrom; Shopify is not a party to it and is not responsible for the products, their delivery or order processing.

16. Governing Law and Jurisdiction

These Terms and any contract concluded under them are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence (Art. 6 Rome I Regulation).

If you are an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes is our registered office.

17. Consumer Dispute Resolution

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

18. Changes to These Terms

We may amend these Terms with effect for the future where there is a valid reason (e.g. changes in the law or in our processes). The version applicable to your order is the one in force when you place it. Material changes will be communicated as required by law.

19. Final Provisions

Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected. Our failure to enforce a right does not constitute a waiver. You may not assign your rights under these Terms without our consent. Headings are for convenience only.

20. Contact

Malstrom — Julius Hintzen c/o IP-Management #5354, Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany Email: support@malstrom.eu