TERMS AND CONDITIONS
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Granting Rights of Use for Digital Content
7. Reservation of Proprietary Rights
8. Warranty
9. Applicable Law
10. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Lisa Claußen (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.4 Digital content in the sense of these GTC is all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these GTC.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or per online contact form.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The German and the English language are exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
Exclusions: Please note that custom-made orders and artwork are excluded from returns and refunds. This means you do not have the right to cancel contracts for these items once the order has been confirmed and production has started.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
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Instructions for Cancellation & Cancellation Form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for Cancellation
Right to Cancel
You have the right to cancel this contract within fourteen days without giving any reason. Please also note that custom-made orders and artworks, gift cards, and downloadable products are excluded from exchanges and returns.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform studiosmal(at)outlook.de of your decision to cancel this contract. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the 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 the 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 fourteen days from the day on which you communicate your cancellation 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.
General Information Overview
Non-Returnable & Refundable Items
Please note that the following items are excluded from exchanges and returns:
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Custom-made orders and artwork
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Gift cards
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Downloadable products
Production & Process Time:
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Most of the items in the shop will be "made-to-order". It usually takes 1 to 3 business days to produce + process an order (custom-made orders excluded).
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If there is a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in the shipment of your order, you will receive a notification via email.
Delivery Estimates
All orders will be shipped from Germany and the delivery time is estimated as followed:
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Domestic/Germany: 3 - 5 business days
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Europe: 5 - 10 business days
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Unfortunately, international shipping outside of Europe is not available at the moment due to logistics reasons.
Shipment Confirmation & Order Tracking
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You will receive a shipment confirmation email including a tracking number once your order has been shipped.
Customs, Duties, & Taxes
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Studio smål is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
14-Day Return Policy
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We accept returns within 14 days of delivery for a full refund or exchange (custom-made orders excluded).
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All returns need to be previously announced via e-mail to studiosmal(at)outlook.de.
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To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
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The costs of returning an order, including a tracking code, will be on your behalf.
Return Process & Refunds
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Contact studiosmal(at)outlook.de to initiate a return. Please include your order number and the reason for the return.
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Once your return is approved, you will receive further instructions on how to send your order back.
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Pack the item securely in its original packaging.
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Ship it back to studio smål using a shipping method of your choice. For your security, it's recommend using a trackable shipping service with a tracking number.
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Drop off the package at your nearest shipping carrier location.
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Once your returned order arrives, it will be inspected, and you'll receive a notification of the approval or rejection of your refund.
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If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment.
Damaged or Defective Items
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If you receive a damaged or defective item, please contact studiosmal(at)outlook.de immediately with details of the product and the issue. The issue will be resolved promptly.
The shipping and return process is intended to be as smooth as possible.
If you have any further questions or concerns, please do not hesitate to get in touch.
B. Cancellation form
If you wish to cancel this contract, you can complete and submit this form to studiosmal(at)outlook.de:
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
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Ordered on (*) __________ / received on (*) ___________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if this form is notified on paper)
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Date
(*) Delete as appropriate
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4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, prices indicated are total prices. Sales tax is not listed, since the Seller is a small trader within the meaning of the small business regulation under German tax law (§ 19 UStG). Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.5 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to IMMEDIATE. The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
4.6. If the payment method credit and debit card (Wix Payments) is selected, the invoice amount is due immediately upon conclusion of the contract. Wix Payments reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Digital content will be provided to the Client exclusively in electronic form as follows:
- by e-mail with a download link
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied exclusively for private purposes.
6.2 The transmission of content to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the Seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will only become effective, if the Client has paid the contractually stipulated compensation in full. The Seller may allow the use of the contractual contents temporarily prior to this date. A transfer of rights does not take place via such a provisional permission.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8) Warranty
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
10) Alternative dispute resolution
10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.