1. Scope
1.1 These general terms and conditions (hereinafter “GTC”) of “studio other types” apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller regarding the goods presented by the seller in their online shop.
1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1 The product descriptions in the seller’s online shop do not represent binding offers, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days by:
- sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- requesting payment from the customer after placing the order.
The contract is concluded when one of these alternatives occurs first. The period for accepting the offer begins on the day after the customer submits the offer and ends five days later. If the seller does not accept the customer's offer within this period, it is considered a rejection, and the customer is no longer bound by their offer.
2.4 If the payment method “PayPal” is selected, the payment is processed by PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), according to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal” as the payment method, they issue a payment order to PayPal by clicking the button that completes the order process. In this case, the seller accepts the customer’s offer as soon as the payment process is initiated.
2.5 Before the binding submission of the order, the customer can identify and correct input errors using the usual keyboard and mouse functions. An effective method for recognizing input errors is using the browser’s zoom function to enlarge the on-screen representation.
2.6 Order processing and communication usually take place by email. The customer must ensure that the email address provided for order processing is correct and can receive emails from the seller. The customer should also ensure that their SPAM filters do not block emails from the seller or third parties authorized by the seller to process the order.
3. Right of Withdrawal
You have no right to withdraw from this contract as every product is made to order and therefore a custom made product.
4. Prices and Payment Terms
4.1 Unless otherwise stated, the prices indicated in the seller’s product descriptions are total prices.
4.2 The payment options will be communicated to the customer in the seller’s online shop.
4.3 If using PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, SCA, subject to their terms of use.
5. Delivery and Shipping Conditions
5.1 Delivery of goods occurs to the delivery address specified by the customer unless otherwise agreed.
5.2 If the transport company returns goods to the seller due to failed delivery, the customer bears the costs for the unsuccessful shipment, except if they are not responsible for the failed delivery or if the delivery was not reasonably announced by the seller. This does not apply if the customer exercises their right of withdrawal.
5.3 Collection by the customer is not possible for logistical reasons.
6. Retention of Title
The seller retains ownership of the goods until the full purchase price has been paid.
7. Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The limitation period for claims related to defects in used goods is two weeks from delivery, except for cases involving fraudulently concealed defects or damage claims.
7.3 The customer is asked to report obvious transport damage to the delivery service and inform the seller. This does not affect the customer’s statutory rights.
8. Newsletter dispatch via MailChimp
Our email newsletters are sent via the technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 para. 1 lit. f GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.
MailChimp uses this information to send and statistically analyze the newsletter on our behalf. For evaluation purposes, the emails sent contain so-called web beacons or tracking pixels, which are one-pixel image files stored on our website. This allows us to determine whether a newsletter message has been opened and which links, if any, have been clicked on. Mailchimp uses the web beacons to automatically generate general, non-personal statistics on the response behavior to newsletter campaigns.
On the basis of our legitimate interest in the statistical evaluation of newsletter campaigns to optimize advertising communication and better focus on recipient interests, the web beacons also collect and use data of the respective newsletter recipient (email address, time of retrieval, IP address, browser type and operating system) in accordance with Art. 6 para. 1 lit. f GDPR. This data allows individual conclusions to be drawn about the newsletter recipient and is processed by Mailchimp to automatically generate statistics that show whether a particular recipient has opened a newsletter message.
If you wish to deactivate the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
MailChimp may also use this data itself in accordance with Art. 6 para. 1 lit. f GDPR on the basis of its own legitimate interest in the needs-based design and optimization of the service as well as for market research purposes, for example to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.
To protect your data in the USA, we have concluded a data processing agreement with MailChimp on the basis of the standard contractual clauses of the European Commission to enable the transfer of your personal data to MailChimp. If you are interested, this data processing agreement can be viewed at the following Internet address: https://mailchimp.com/legal/data-processing-addendum/
You can view MailChimp’s privacy policy here:
https://mailchimp.com/legal/privacy/
9. Applicable Law
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the country of habitual residence is not withdrawn.
9.2 The choice of law does not apply to consumers whose sole residence and delivery address are outside the European Union.
10. Place of Jurisdiction
For merchants, legal entities under public law, or special funds under public law, the place of business of the seller is the exclusive place of jurisdiction. For international customers, this also applies if the customer’s professional or commercial activity is involved in the contract.
Status: 11/24/2024
1. Scope
1.1 These general terms and conditions (hereinafter “GTC”) of “studio other types” apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller regarding the goods presented by the seller in their online shop.
1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1 The product descriptions in the seller’s online shop do not represent binding offers, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days by:
- sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- requesting payment from the customer after placing the order.
The contract is concluded when one of these alternatives occurs first. The period for accepting the offer begins on the day after the customer submits the offer and ends five days later. If the seller does not accept the customer's offer within this period, it is considered a rejection, and the customer is no longer bound by their offer.
2.4 If the payment method “PayPal” is selected, the payment is processed by PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), according to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal” as the payment method, they issue a payment order to PayPal by clicking the button that completes the order process. In this case, the seller accepts the customer’s offer as soon as the payment process is initiated.
2.5 Before the binding submission of the order, the customer can identify and correct input errors using the usual keyboard and mouse functions. An effective method for recognizing input errors is using the browser’s zoom function to enlarge the on-screen representation.
2.6 Order processing and communication usually take place by email. The customer must ensure that the email address provided for order processing is correct and can receive emails from the seller. The customer should also ensure that their SPAM filters do not block emails from the seller or third parties authorized by the seller to process the order.
3. Right of Withdrawal
You have no right to withdraw from this contract as every product is made to order and therefore a custom made product.
4. Prices and Payment Terms
4.1 Unless otherwise stated, the prices indicated in the seller’s product descriptions are total prices.
4.2 The payment options will be communicated to the customer in the seller’s online shop.
4.3 If using PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, SCA, subject to their terms of use.
5. Delivery and Shipping Conditions
5.1 Delivery of goods occurs to the delivery address specified by the customer unless otherwise agreed.
5.2 If the transport company returns goods to the seller due to failed delivery, the customer bears the costs for the unsuccessful shipment, except if they are not responsible for the failed delivery or if the delivery was not reasonably announced by the seller. This does not apply if the customer exercises their right of withdrawal.
5.3 Collection by the customer is not possible for logistical reasons.
6. Retention of Title
The seller retains ownership of the goods until the full purchase price has been paid.
7. Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The limitation period for claims related to defects in used goods is two weeks from delivery, except for cases involving fraudulently concealed defects or damage claims.
7.3 The customer is asked to report obvious transport damage to the delivery service and inform the seller. This does not affect the customer’s statutory rights.
8. Newsletter dispatch via MailChimp
Our email newsletters are sent via the technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 para. 1 lit. f GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.
MailChimp uses this information to send and statistically analyze the newsletter on our behalf. For evaluation purposes, the emails sent contain so-called web beacons or tracking pixels, which are one-pixel image files stored on our website. This allows us to determine whether a newsletter message has been opened and which links, if any, have been clicked on. Mailchimp uses the web beacons to automatically generate general, non-personal statistics on the response behavior to newsletter campaigns.
On the basis of our legitimate interest in the statistical evaluation of newsletter campaigns to optimize advertising communication and better focus on recipient interests, the web beacons also collect and use data of the respective newsletter recipient (email address, time of retrieval, IP address, browser type and operating system) in accordance with Art. 6 para. 1 lit. f GDPR. This data allows individual conclusions to be drawn about the newsletter recipient and is processed by Mailchimp to automatically generate statistics that show whether a particular recipient has opened a newsletter message.
If you wish to deactivate the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
MailChimp may also use this data itself in accordance with Art. 6 para. 1 lit. f GDPR on the basis of its own legitimate interest in the needs-based design and optimization of the service as well as for market research purposes, for example to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.
To protect your data in the USA, we have concluded a data processing agreement with MailChimp on the basis of the standard contractual clauses of the European Commission to enable the transfer of your personal data to MailChimp. If you are interested, this data processing agreement can be viewed at the following Internet address: https://mailchimp.com/legal/data-processing-addendum/
You can view MailChimp’s privacy policy here:
https://mailchimp.com/legal/privacy/
9. Applicable Law
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the country of habitual residence is not withdrawn.
9.2 The choice of law does not apply to consumers whose sole residence and delivery address are outside the European Union.
10. Place of Jurisdiction
For merchants, legal entities under public law, or special funds under public law, the place of business of the seller is the exclusive place of jurisdiction. For international customers, this also applies if the customer’s professional or commercial activity is involved in the contract.
Status: 11/24/2024