Terms of service

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of studio oliveira - Isabel Hartwig (hereinafter referred to as "Seller") shall apply to all contracts for the supply of goods concluded by consumers or entrepreneurs (hereinafter referred to as "Customers") with the Seller in respect of the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 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 be attributed neither to his commercial nor to his independent professional activity.

1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

2. CONCLUSION OF THE CONTRACT

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customers may submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customers submit a legally binding offer to enter into a contract with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation, in which case the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day after the offer is sent by the customer and shall end at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customers in text form (e.g. e-mail) after their order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customers have set up a user account in the Seller's online store before submitting their order, the order data will be archived on the Seller's website and can be accessed by the customers free of charge via their password-protected user account by providing the relevant login data.

2.5 Before placing a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 The German language is available for the conclusion of the contract.

2.7 Order processing and contacting usually take place via e-mail and automated order processing. Customers must ensure that the e-mail address they provide for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, customers must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. RIGHT OF REVOCATION

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.

4. PRICES AND TERMS OF PAYMENT

4.1 The prices shown are final prices plus shipping costs. In terms of § 19 UStG no sales tax is charged and therefore not shown.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 Customers will be informed of the payment options in the Seller's online store.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method "SOFORT" is selected, the payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", customers must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. Customers can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to customers in the seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customers may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de. If the direct debit payment method is selected, the payment is processed via the payment service provider Stripe. In this case, Stripe collects the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customers announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he/she is not entitled to do so, the customer shall bear the fees incurred by the respective bank for the chargeback if he/she is responsible for this. If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe. The credit card will be charged immediately after sending the customer's order in the online store. Even if the credit card payment method is selected, the Provider shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.

5. DELIVERY AND SHIPPING CONDITIONS

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer*s, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customers are responsible, the Customers shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the Customers effectively exercise their right of revocation. In the event of effective exercise of the right of revocation by the Customer, the provisions of the Seller's revocation instructions shall apply to the costs of returning the goods.

5.3 If the Customers act as entrepreneurs, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customers as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customers are acting as consumers, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customers or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customers, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customers have commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment to carry out the shipment and the Seller has not previously named this person or institution to the customers.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the suppliers with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customers shall be informed immediately and the consideration shall be refunded without delay.

5.5 Vouchers will be provided to the customers by e-mail.

6. RESERVATION OF TITLE

If the Seller makes advance payment, the Seller shall retain title to the goods delivered until the purchase price owed has been paid in full.

7. LIABILITY FOR DEFECTS (WARRANTY)

7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:

7.2 If the Customers act as entrepreneurs, the Seller shall have the choice of the type of subsequent performance; in the case of new goods, the limitation period for defects shall be one year from delivery of the goods; in the case of used goods, the rights and claims due to defects shall be excluded; the limitation period shall not start anew if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period shall not apply to claims for damages and reimbursement of expenses of the Customer, in the event that the Seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their customary use and have caused its defectiveness, for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, the statutory limitation periods for any statutory right of recourse shall remain unaffected for entrepreneurs.

7.5 If the Customers act as merchants within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial obligation to examine the goods and give notice of defects pursuant to Section 377 of the HGB. If the Customers fail to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.6 If the Customers are acting as consumers, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the customers do not comply with this, this has no effect on their legal or contractual claims for defects. Transport damage visible from the outside must be claimed immediately upon receipt of the goods by the supplier: You can refuse acceptance or only accept with reservations and note this on the delivery bill. Inform us immediately about the transport damages. Hidden transport damage (i.e. damage that cannot be seen from the outside) and defects must be reported in writing within 7 days.

8. REDEMPTION OF CAMPAIGN VOUCHERS

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Vendor.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Vendor may be chosen to settle the difference.

8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.8 The promotional voucher shall not be refunded if the Customers return the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of revocation.

8.9 The promotional voucher is transferable. The Vendor may make payments with discharging effect to the respective holders who redeem the promotional voucher in the Vendor's online store. This shall not apply if the Vendor has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of power of representation of the respective holders.

9. REDEMPTION OF GIFT VOUCHERS

9.1 Gift vouchers that can be purchased through the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credit balances will be credited to the customer*s account until the expiration date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can be redeemed for one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8 The gift voucher is transferable. The Vendor may make payments with discharging effect to the respective holders who redeem the gift voucher in the Vendor's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of power of representation of the respective holders.

10. APPLICABLE LAW

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumers have their habitual residence.

11. JURISDICTION

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.

12. ALTERNATIVE DISPUTE RESOLUTION

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving consumers*.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.