Terms and conditions

As of October 2026. This is a translation. The legally binding version is the German one: Allgemeine Geschäftsbedingungen (AGB).

§ 1 Scope and provider

(1) These terms and conditions apply to all contracts for the delivery of goods that customers conclude directly with KORTLEN, owner Saleh Habibian, Am Girrenbach 10, 87534 Oberstaufen, Germany (hereinafter the "Seller"): by email or through an online marketplace on which the Seller itself acts as the provider (for example Amazon or eBay).

(2) If the customer buys the goods from another retailer, for example in that retailer's online shop, this retailer is the customer's contractual partner. Then that retailer's terms apply, not these terms and conditions.

(3) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business customer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB). "Customer" means both consumers and business customers.

(4) Different or additional terms of the customer do not become part of the contract unless the Seller expressly agrees to them.

§ 2 Conclusion of the contract

(1) The presentation of goods on the website kortlen.com is not a legally binding offer, but an invitation to the customer to send an order request.

(2) For an order by email, the customer sends the order request to info@kortlen.com. It should state the goods and quantity wanted, the customer's name and the delivery and billing address. The order request is not binding on the customer.

(3) In reply to the order request, the Seller sends the customer a binding offer by email. It states the goods, the total price including VAT, the shipping costs, the ways to pay with the payment details, and the delivery time. These terms and conditions and the withdrawal notice with the model withdrawal form are enclosed with the offer. The Seller is bound by the offer for seven days. There is no entitlement to an offer; if the Seller does not deliver to the country of the delivery address given, it informs the customer of this instead of sending an offer.

(4) The contract is concluded when the customer accepts the offer by email within this period or pays the total amount. After the contract is concluded, the customer receives a confirmation of the contract by email.

(5) The language of the contract is German. For an order by email, the customer receives the text of the contract (order request, offer, acceptance and these terms and conditions) by email and can save and print it. The Seller also stores the text of the contract.

(6) If the customer orders through an online marketplace, the conclusion of the contract, the storage of the contract text and the correction of input errors follow the ordering process of the marketplace concerned, which is described there. Paragraphs 2 to 4 do not apply in that case.

§ 3 Prices and shipping costs

(1) All prices are final prices and include the statutory VAT.

(2) Shipping costs are added to the price of the goods. They depend on the country of delivery and are stated in the offer or on the marketplace's offer page. General information is on the page Shipping and payment.

(3) For deliveries to countries outside the European Union, further costs may arise for which the Seller is not responsible, for example customs duties, taxes or bank charges. These are borne by the customer.

§ 4 Payment

(1) For an order by email, the customer can pay by bank transfer (payment in advance) or via PayPal.

(2) For bank transfer, the customer pays the total amount within seven days after the contract is concluded to the Seller's account stated in the offer.

(3) For payment via PayPal, the customer pays the total amount through their PayPal account to the Seller's PayPal address stated in the offer. The payment service is provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. PayPal's user agreement applies in addition.

(4) The Seller ships the goods after receipt of payment.

(5) For a purchase through an online marketplace, the ways to pay offered there are available; the payment terms of the marketplace apply.

§ 5 Delivery

(1) The Seller delivers to the delivery address given by the customer. Which countries the Seller delivers to follows from its offer for an order by email, and from the marketplace's offer page for a purchase through an online marketplace. General information is on the page Shipping and payment.

(2) The delivery time is stated in the offer or on the marketplace's offer page. For payment by bank transfer, it begins on the day after the payment order is given to the transferring bank; for all other ways to pay, on the day after the contract is concluded. If the period ends on a Saturday, Sunday or a public holiday at the place of delivery, it ends on the next working day.

(3) If the ordered goods are not available, the Seller informs the customer without delay. The customer's statutory rights remain unaffected.

(4) If, after the contract is concluded, delivery to the country of destination is prohibited by statutory provisions, official orders, sanctions or embargoes, or is only permitted there with a registration, licence or approval of the Seller, the Seller may withdraw from the contract. It informs the customer of this without delay and refunds any payments already made in full without delay.

§ 6 Passing of risk

(1) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer only when the goods are handed over to them, also when they are shipped.

(2) If the customer is a business customer, the risk passes to them when the goods are handed over to the shipping company.

§ 7 Retention of title

The goods remain the property of the Seller until they are paid in full.

§ 8 Right of withdrawal

Consumers have a statutory right of withdrawal. The details are in the withdrawal notice.

§ 9 Transport damage

(1) If goods are delivered with obvious transport damage, the Seller asks the customer to complain about it to the delivery person as soon as possible and to inform the Seller. If a consumer does not do so, this has no consequences for their statutory rights. The report helps the Seller to assert its own claims against the shipping company.

(2) If the customer is a merchant, the duties to inspect and give notice of defects under § 377 HGB apply.

§ 10 Liability for defects

(1) The statutory rights for defects apply.

(2) If the customer is a business customer, the limitation period for claims for defects is one year from delivery of the goods. This does not apply to claims for damages for injury to life, body or health, in cases of intent or gross negligence, if a defect was fraudulently concealed, to claims under the Product Liability Act, or to recourse claims under §§ 445a, 445b and 478 BGB.

(3) The mouse contains software (firmware). The Seller provides updates for this software as far as the law requires (§ 475b BGB).

(4) The Seller only gives a guarantee if it expressly declares one.

§ 11 Liability

(1) The Seller is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, if a defect was fraudulently concealed, and to the extent of a guarantee given.

(2) In cases of slight negligence, the Seller is only liable if it breaches an essential contractual obligation. This is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise, the Seller's liability is excluded. These rules also apply to the liability of the Seller's vicarious agents.

§ 12 The app KORTLEN Mouse Studio

The Seller provides the app KORTLEN Mouse Studio free of charge for download. Its use is governed by the licence agreement.

§ 13 Dispute resolution

The Seller is not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, this choice of law applies only insofar as it does not deprive them of the protection granted by the mandatory provisions of the law of the country in which they have their habitual residence.

(2) If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Seller's place of business.