Terms and Conditions (English Translation)

LEGAL DISCLAIMER: This English translation is provided solely for informational purposes and ease of understanding. It has no legal validity or binding effect. Only the German version of these Terms and Conditions ("Allgemeine Geschäftsbedingungen") constitutes the legally binding agreement between the parties. In case of any discrepancies, contradictions, or ambiguities between this English translation and the German original, the German version shall prevail exclusively.

Cumin & Potato GmbH
Holzhofallee 21
64295 Darmstadt
Commercial Register: HRB 107113, Local Court of Darmstadt
Phone: +49 6151 7866583
Email: info@cuminandpotato.com
VAT ID: DE449775915
WEEE Reg. No.: DE 41629348
Lucid Registration: DE4940239725994 (Dual System Zentek)

§ 1 Scope of Application and Contracting Parties

(1) These General Terms and Conditions (Terms and Conditions) apply to all contracts between Cumin & Potato GmbH (hereinafter "Seller") and consumers within the meaning of § 13 German Civil Code (BGB) (hereinafter "Customer") for the delivery of the PXL Clock product.

(2) For the use of software components, cloud services, and app functions of the PXL Clock, the End User License Agreement (EULA) applies in addition to these Terms and Conditions. These form part of the overall contract and are available at https://docs.pxlclock.com/de/eula.

(3) For the processing of personal data, our Privacy Policy applies, which is available at https://docs.pxlclock.com/de/dse.

(4) Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract to the extent that the Seller has expressly agreed to their application.

(5) Entrepreneurs within the meaning of § 14 BGB are excluded from these Terms and Conditions. The PXL Clock is intended exclusively for private use.

(6) This document is written in German. Any translations into other languages serve solely for better understanding. In case of deviations or contradictions, only the German version shall be authoritative.

§ 2 Contract Formation

(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

(2) By clicking the "Place Order with Payment Obligation" button, the Customer places a binding order. The Seller may accept or reject this order within 5 business days.

(3) The contract is only concluded upon acceptance of the order by the Seller, which occurs through sending an order confirmation by email or by shipping the goods.

(4) The contract text is stored by the Seller after contract conclusion and sent to the Customer after contract conclusion together with these Terms and Conditions by email.

§ 3 Product Description and Use

(1) Important Notice: The PXL Clock requires a WPS-capable router with internet connection. Without a WPS-capable router, it is not possible to add the PXL Clock to a WLAN network. WLAN is necessary for time synchronization and for the use of optional cloud services.

(2) The PXL Clock is an electronic consumer product with the following characteristics:

Dimensions: 27cm x 27cm x 6cm
230V mains voltage (no battery)
At least 5 pre-installed clock animations

(3) The product is intended exclusively for indoor use. Outdoor use is not permitted.

(4) The product is not suitable for the following applications:

Use by children under 14 years without supervision
Medical or safety-critical applications
Ambient temperatures above 35°C
Commercial or professional use

(5) Technical modifications to the device or software are prohibited and result in loss of warranty.

(6) The optional cloud and app services are free additional services without availability guarantee and are subject to separate End User License Agreement (EULA). The Seller may discontinue these services at any time or make them chargeable. The core product remains fully functional regardless.

(7) The product description does not constitute a guarantee. Only the statutory warranty rights according to § 7 of these Terms and Conditions apply.

§ 4 Prices, Payment Terms, and Retention of Title

(1) The stated prices are final prices and include statutory value-added tax. Additional delivery and shipping costs are stated separately.

(2) Payment is made through the payment methods available on the sales platform.

(3) When selecting advance payment, the Seller provides the Customer with bank details in the order confirmation and delivers the goods after payment receipt.

(4) Until full payment of the purchase price, the goods remain the property of the Seller.

§ 5 Delivery and Shipping

(1) Delivery is made to the delivery address specified by the Customer within the European Union.

(2) The delivery time is typically 3-10 business days after contract conclusion. For advance payment, the delivery time begins after payment receipt.

(3) If delivery is delayed for reasons attributable to the Seller by more than 30 days, the Customer may withdraw from the contract.

(4) The risk of accidental loss and accidental deterioration of the goods only passes to the Customer upon handover.

§ 6 Right of Withdrawal

(1) Consumers have a right of withdrawal according to the following provisions:

Withdrawal Instructions

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, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

End of Withdrawal Instructions

(2) Notes on practical processing:

Upon withdrawal, we refund delivery costs up to the amount of the cheapest standard delivery. If you have chosen a more expensive shipping method, you bear the additional costs.
We recommend using an insured shipping service (e.g., DHL package) for returns.
Please use the original packaging if still available.
A model withdrawal form can be found at https://docs.pxlclock.com/widerrufsformular

(3) The right of withdrawal expires prematurely for:

Goods that were manufactured according to customer specifications or are clearly tailored to personal needs.

(4) In case of established diminished value exceeding necessary inspection, we reserve the right to charge this separately.

§ 7 Warranty and Updates

(1) The statutory warranty provisions apply. The warranty period is 24 months from delivery of the goods.

(2) For the first 12 months after delivery, it is presumed that a defect was already present at delivery, unless this presumption is incompatible with the nature of the goods or the defect.

(3) Software updates are provided for the usually expected period of use (at least 24 months, beyond that as long as objectively required) to ensure the contractual conformity of goods with digital elements.

(4) The absence of required updates constitutes a material defect.

(5) For additional functions clearly marked as Beta, no assurances apply; statutory defect rights for the core product remain unaffected.

(6) Notice Regarding Guarantees

We provide exclusively the statutory warranty according to § 437 BGB. No additional commercial guarantee (manufacturer's guarantee) is granted. This applies particularly to advertising statements that do not contain an express guarantee declaration with the word "guarantee."

§ 8 Liability

(1) The Seller has unlimited liability for damages arising from injury to life, body, or health that are based on an intentional or negligent breach of duty by the Seller or its legal representatives or vicarious agents.

(2) The Seller has unlimited liability for other damages that are based on an intentional or grossly negligent breach of duty by the Seller or its legal representatives or vicarious agents.

(3) In case of slightly negligent violation of essential contractual obligations, the Seller is only liable for typical, foreseeable contractual damage, limited to a maximum of 150% of the purchase price.

(4) Otherwise, the Seller's liability is excluded.

§ 9 Old Equipment Take-Back and Environmental Obligations

(1) According to § 20 ElektroG, consumers are obligated to dispose of old equipment separately from unsorted municipal waste.

(2) Old equipment may not be disposed of with household waste. Information on return and collection systems can be found on our website.

(3) When purchasing a new device, we take back your old device of the same device type free of charge.

(4) Information on packaging disposal and our LUCID registration number can be found on our website. We participate in the dual system for proper disposal of sales packaging.

§ 11 Jurisdiction and Applicable Law

(1) The place of jurisdiction for all disputes arising from this contractual relationship is Darmstadt.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(3) Should individual provisions of these Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions.

§ 12 Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR), which is available at https://ec.europa.eu/consumers/odr.

(2) The Seller does not participate in alternative dispute resolution procedures.

Status: July 2025, Version 1