Terms of Service
§ 1. General
1.1. We make these terms and conditions the subject matter and content of every offer we submit and execute orders placed with us for delivery and / or service exclusively on the basis of these terms and conditions, unless otherwise expressly agreed in individual cases.
1.2. Changes or additions to these terms and conditions are only effective if we have confirmed them in writing for the individual contract or to a customer.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in their commercial or independent professional activity.
1.4. The items we offer are suitable for children from 3 years of age.
1.5. Our handmade products are only similar to the images, but not completely identical, as they are unique pieces.
§ 2 Conclusion of the contract and due date of payment
2.1. The presentation of the goods by us does not constitute a binding offer. The order sent to us by the customer online or by other means is a legally binding offer. We are entitled to accept this offer within a reasonable period by sending an order confirmation or to send the ordered goods to the customer within this period. Without acceptance or delivery of goods, the offer is deemed to be rejected.
2.2. If this offer is accepted, we will send you an order confirmation by email. This creates the sales contract between you and us. The purchase contract is also concluded when we send the goods to the customer.
2.3. The purchase price is due immediately upon ordering.
2.4. We reserve the right to refuse an offer if the goods are not available or are out of stock. In this case, the customer will receive a notification by email.
§ 3 prices
3.1. Our prices are basically the prices stated on our website at the time of the order. Different prices, which may be displayed on pages that are loaded from intermediate storage (browser cache, proxies), are not current and invalid.
3.2. Unless otherwise expressly agreed in writing, our prices apply from the place of dispatch excluding packaging, freight and, if applicable, cash on delivery charges.
3.3. All prices on our website include statutory VAT.
§ 4 delivery, shipping costs, transfer of risk
4.1. The expected delivery times depend on the product. Basically, all items are delivered within 3 to 5 working days after receipt of payment. In the case of bulk orders of 10 or more, we will contact the customer and inform him of the delivery times separately. Part deliveries and part services that can be reasonably expected of the buyer are permissible.
4.2. Delivery takes place at the shipping costs shown in the offer.
4.3. The delivery times and packaging for individually manufactured products differ from the standard delivery times. Delivery time and packaging are specified separately here on our website.
4.4. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over to the commissioned logistics partner.
4.5. We always send items ordered from us against payment in advance, whereby we reserve the right to choose the type of shipment (German post, private parcel service, etc.).
§ 5 retention of title
The delivered goods remain our property until they have been paid for in full.
§ 6 Warranty
6.1 It is guaranteed that the goods have any agreed quality or are free from material defects at the time of handover. This means that the goods are suitable for the use stipulated in the contract or are suitable for normal use and have a quality that is usual for items of the same type and that the customer according to the type of item or our announcements or those from the manufacturer. Properties of the goods according to our information, labeling or advertising are only part of the agreed quality vis-à-vis entrepreneurs if this is expressly stated in the offer, confirmed by us in writing or marked in the order confirmation.
6.2 If the purchase is a commercial transaction for both parties within the meaning of § 343 HGB, § 377 HGB applies.
6.3. The duration of the guarantee is 2 years for new goods. The duration of the guarantee is 1 year for used goods if the customer is a consumer. The warranty for used goods is excluded if the customer is an entrepreneur. The warranty begins with the receipt of the goods by the customer. Section 478 BGB remains unaffected.
6.4 In the event of a defect, the customer initially has the statutory claims from subsequent performance (removal of defects or subsequent delivery) at his option. If the legal requirements are met, the customer also has the right to reduce the purchase price or to withdraw from the contract and to claim damages and reimbursement of wasted expenses.
6.5 The supplementary performance can be refused if it is only possible at disproportionately high costs. Withdrawal is excluded if the defect is insignificant.
6.7. Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 7 Consumer information for distance sales contracts for the purchase of goods
7.1 The essential characteristics of the goods we offer, as well as the period of validity of limited offers, can be found in the individual product descriptions on our website.
7.2 The language available for the conclusion of the contract is exclusively German.
7.3. The customer can submit complaints and warranty claims to the address given in the provider identification.
§ 8 data protection notice
8.1 We only transfer personal data to third parties if this is necessary in the context of contract processing, for example to the companies entrusted with the delivery of the goods (DPD, Hermes, DHL), the credit institution commissioned with payment processing (PayPal, SumUp) and the Order management software (WordPress). In addition, when an invoice is issued, the data for tax accounting is stored in the accounting software (Elster). A further transmission of the data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, e.g. for advertising purposes.
8.2 The basis for data processing is Article 6 (1) (b) GDPR, which allows the processing of data to fulfill a contract or pre-contractual measures.
8.3 You can find detailed information on handling user data in our data protection declaration
§ 9 Miscellaneous
9.1 The law of the Federal Republic of Germany applies to the contractual relationship between us and the customer, as well as to the respective terms and conditions.
9.2. If the customer is a consumer, the existing statutory regulations and rights in favor of the consumer under the law of the country of residence of the customer remain unaffected by this agreement.
9.3. The application of UN sales law is excluded.
9.4. The exclusive place of jurisdiction is the local court of our place of business, provided the customer is a merchant within the meaning of the HGB or a corporation under public law.
§ 10 Severability Clause
Should individual provisions of this contract not be legally effective in whole or in part or lose their legal effectiveness later, the validity of the rest of the contract will not be affected.
As of 10/2018
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.