I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Martin Röhr) via the website www.mutedbloomstudio.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the information in the order overview again, change it (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.
§ 3 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not duly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) Statutory liability for defects exists.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are an entrepreneur, the following applies deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by repair or replacement delivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract, at your discretion. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the relocation corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Martin Röhr
Möllhausenufer 31
12557 Berlin
Germany
Phone: +491628582217
Email: hello@mutedbloomstudio.com
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. No shipping costs apply.
5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Incidental costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last updated: 22.10.2024