AGB

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1)The following terms and conditions apply to contracts that you have with us as Studio Schön® Teuber und Teuber GbR, owners: Nils Teuber and Hanna Teuber, Franz-Ludwig-Str. 21, 54290 Trier via the website www.studioschoen.shop. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2)A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or 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 Formation of the contract

(1)Subject of the contract is the sale of goods.

(2)All product offers listed in our online shop are non-binding and do not apply as an offer to conclude a contract in the legal sense.

(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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data are then displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal) as the payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase.
By sending the order by clicking the button "Order with obligation to pay" you make a legally binding offer to conclude a purchase contract for the goods you have ordered. The offer can only be submitted and transmitted if you agree to our terms and conditions by clicking on the "Buy now" box and thus include them in your offer. 

We will confirm receipt of your order with an automatically generated summary of your order. This order confirmation is a non-binding confirmation of receipt and is intended to inform you that we have received your order. Only the order confirmation or the later delivery represents an acceptance of your offer and brings about a legally binding contract between us.

(4)If you are an entrepreneur, your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5)The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Discounts, promotions

All promotions are valid while stocks last. If products ordered at a discount are no longer available, we reserve the right to cancel the order and refund any outstanding amounts.

§ 4 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no or no deviating delivery time is specified for the respective goods in our online shop, this is 5 - 10 working days.

(2) If no copies of the product you have selected are available at the time you place your order, we will inform you of this immediately in the order confirmation. If the product is permanently not available, we will refrain from a declaration of acceptance. A contract is not concluded in this case.

(3) If the product you specified in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

§ 5 Right of retention, retention of title, copyright

(1)You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation 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%. We are responsible for selecting the securities to be released.

(4) After paying the claim to us, you will not be granted either a simple or an exclusive right to use intellectual property or copyrights of Studio Schön® Teuber und Teuber GbR. This also applies in particular to any illustrations, photos, designs, logos and names as well as any trademark and utility model rights.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2)As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3)If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are agreed as the condition of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from date of delivery. The shortened deadline does not apply:
- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 7 Liability

(1) Claims on your part for damages are excluded. Excluded from this are claims for damages on your part resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty on our part, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, we are only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless it is a question of claims for damages on your part resulting from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have made an agreement about the nature of the item. The provisions of the Product Liability Act remain unaffected.

§ 8 Choice of law, place of performance, place of jurisdiction, severability clause

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2)The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)The provisions of the UN Sales Convention expressly do not apply.

(4) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

§ 9 Protection of minors

(1)When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.

(2) By submitting your order, you assure that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.

(3)Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to take the identity card of the goods recipient to have the person taking the card presented for age verification.

(4)Insofar as we state in the respective article description that you must be 18 years of age to purchase the goods, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed minimum age, you must be of legal age.

II. Customer Information

1. Identity of Seller

Studio Schön® Teuber and Teuber GbR
Franz-Ludwig-Strasse 21
D-54290 Sort
Phone: +49 651 99 45 30 90
Email: shop@studioschoen.de 

Represented by the shareholders: Mr. Nils Teuber and Ms. Hanna Teuber

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 options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.

5.4. Any costs incurred for transferring money (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. Unless otherwise stated, we offer: Payment by Sofortüberweisung (Mollie), credit card (Visa, Mastercard, American Express), Paypal, Giropay, iDEAL, Apple Pay.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. In the event of a delay in payment, we are entitled to charge interest on arrears at a rate of 5% p.a. above the base interest rate. We reserve the right to prove greater damage.

5.7. The data entered will not be stored by us. If necessary, storage takes place at the respective selected payment provider. The respective data protection regulations of the payment service provider apply to this.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 contractor or another person responsible for carrying out the shipment.

6.3. Shipping is to the following areas: Belgium, Germany, Luxembourg, Netherlands, Austria.

6.4. In the event of cancellation, you, the customer, have to bear the direct costs of the return.

6.5. If you are an entrepreneur, the delivery and shipment is at your own risk.

7. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).