Terms of service
§ 1 Scope of application, definitions
1.1 For the business relationship between Zwingenberg Studio GmbH, Speditionstraße 15a, 40221 Düsseldorf, Germany, telephone: +4915225892098, e-mail: mail@zwingenberg.studio, registered in the Commercial Register of Cologne Local Court under HRB 114340, VAT ID no. DE362163581, represented by the managing directors Julia Zwingenberg and Florian Nasse-Zwingenberg (hereinafter "Zwingenberg Studio", "we", "us" or "our") and the customer (hereinafter "customer", "you", "you" or "your"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing.
1.2 The customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) insofar as he concludes the contract for purposes which cannot be attributed primarily to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract in accordance with Section 14 BGB.
1.3 We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
§ 2 Conclusion of contract
2.1 The presentation of the goods on our website does not constitute a binding offer. By placing an order in accordance with section 2.2, you submit a binding offer.
2.2 You can select items from our range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking on the "Order with obligation to pay" button, you submit a binding offer to purchase the goods in the shopping cart. Before sending the order, you can view and change the items in the shopping cart as well as the data entered. However, the offer can only be submitted and transmitted if you accept these terms and conditions by clicking on the "Pay now" button and thereby include them in your offer.
2.3 After placing an order, you will receive an automated confirmation of receipt from us by e-mail, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt does not constitute acceptance of your offer. A contract is only concluded by our declaration of acceptance, which we expressly declare in a separate e-mail (order confirmation). If we do not expressly declare acceptance of your offer, a contract is concluded when we dispatch the goods to you. We will inform you about the dispatch of the goods in a separate e-mail (dispatch confirmation).
2.4 The contract is concluded and processed in German.
§ 3 Prices and shipping
3.1 All prices quoted on our website include the applicable statutory value added tax.
3.2 The shipping costs will be indicated to you during the ordering process and are to be borne by you unless you exercise your right of withdrawal. If you choose the shipping method "standard shipping", shipping is free of charge for orders of EUR 300.00 or more. If other shipping methods are selected (e.g. express shipping), shipping costs will be charged which are shown separately during the ordering process.
3.3 We only ship the goods to the countries listed in section 1.3. We bear the shipping risk if the customer is a consumer.
3.4 The stated delivery times are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods on our website, it shall be three to five days.
3.5 In the event of a withdrawal, you must bear the direct costs of the return shipment.
§ 4 Payment
4.1 The customer can pay by credit card (Visa, MasterCard, American Express), PayPal, Apple Pay or Google Pay.
4.2 The customer can change the payment method saved in their user account at any time.
4.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you are obliged to pay us interest on arrears for the year at a rate of 5 percentage points above the prime rate.
4.4 The obligation to pay default interest does not exclude the assertion of further damages caused by default by us.
§ 5 Retention of title
The delivered goods shall remain our property until full payment has been made.
§ 6 Warranty for material defects, guarantee
6.1 Subject to the following provisions, the supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods supplied by us to entrepreneurs is 12 months.
6.2 An additional guarantee shall only apply to the goods delivered by us if we have expressly provided this in the order or shipping confirmation for the respective item.
§ 7 Liability
7.1 Subject to the provisions of clause 7.2, we shall only be liable for damages in the event of intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. In addition, we shall also be liable in the event of simple negligence, including simple negligence on the part of our representatives and vicarious agents, for damages arising from the breach of a material contractual obligation, i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the customer may therefore regularly rely (cardinal obligation). Insofar as we are not accused of intentional or grossly negligent breach of duty, the liability for damages is, however, limited to the foreseeable, typically occurring damage.
7.2 The exclusions and limitations of liability set out in clause 7.1 shall not affect claims for damages arising from injury to life, limb and health or claims by the customer under the Product Liability Act and other mandatory statutory liability regulations. The above exclusions or limitations of liability shall also not apply if we have fraudulently concealed a defect or if we are liable due to the assumption of a guarantee or due to the assumption of the procurement risk.
7.3 Sections 7.1 and 7.2 shall also apply if the customer demands compensation for useless expenses instead of a claim for damages in lieu of performance.
7.4 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents based on the same legal grounds.
§ 8 Cancellation policy
8.1 Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which we provide information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in Section 8.2. A sample withdrawal form can be found in section 8.3.
Cancellation policy
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 named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (Zwingenberg Studio GmbH, Speditionstraße 15a, 40221 Düsseldorf, Deutschland, Phone: +4915225892098, E-Mail: mail@zwingenberg.studio, registered in the commercial register of the local court of Cologne under HRB 114340, represented by the managing directors Julia Zwingenberg and Florian Nasse-Zwingenberg) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You shall only be 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.
8.2 The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the consumer.
8.3 We inform you about the model withdrawal form in accordance with the statutory provisions as follows:
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
To Zwingenberg Studio GmbH, Ehrenstraße 100, 50672 Cologne, Germany, phone: +4915225892098, e-mail: [mail@zwingenberg.studio]:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
§ 9 Final provisions; dispute resolution
9.1 The law of the Federal Republic of Germany shall apply to contracts between the customer and us to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which you as a consumer have your habitual residence, shall remain unaffected.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us shall be Cologne.
The EU Commission offers the possibility of dispute resolution on an online platform operated by it. This platform can be found under the external link http://ec.europa.eu/consumers/odr/.
9.3 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
