AGBs - General Terms

General Terms and Conditions in the context of purchase contracts via the webshop on the online platform “Shopify”  

between  

Laura Jay, represented by: Laura Johenneken, Gotenstraße 130, 53175 Bonn, Germany    

- hereinafter referred to as the “Provider”    

and    

the customer designated in § 1 of the contract    

- hereinafter referred to as “Customer  

are concluded:  

§ 1 Scope of application    

(1) The following General Terms and Conditions apply exclusively to the business relationship between the Supplier and the Customer in the version valid at the time of the order.  

(2) The customer is a consumer if he is a natural person and concludes the legal transaction for a purpose that cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.  

§ 2 Conclusion of contract  

(1) The customer can select from the provider's product range in the webshop on the online platform described above and collect these in a so-called shopping cart using the “Add to cart[KS2] ” button. By clicking the “Buy/Order at cost” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the number of goods to be ordered at any time.  

(2) The customer then receives a manual confirmation of receipt from the online platform “Etsy”, in which the customer's order is listed again. This manual confirmation of receipt merely documents that the order has been forwarded to the provider via the online platform and received by the provider. [The purchase contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate email (order confirmation). The text of the contract (consisting of the order, GTC and order confirmation) is made available to the customer in this e-mail, but at the latest upon delivery of the goods. The text of the contract shall be stored with a data protection warning.  

(3) The contract shall be concluded in German.  

§ 3 Rights of use and processing  

If the customer commissions the personalization of images, photos or other visual materials via the website, the customer transfers to Laura Jay the right to modify and edit the images, photos and other visual materials provided within the scope of the personalization order. This right includes all modifications necessary for the fulfillment of the order, including but not limited to cropping, color changes, addition or removal of elements and the integration of personalized content. The transfer of rights is limited to the scope and duration of the specific order. All rights that have not been expressly transferred remain with the client.  

§ 4 Delivery, availability of goods  

(1) The stated delivery times are calculated from the time of order confirmation. If no or no deviating delivery time is specified for the respective goods in the provider's web store, it is up to 6 working days  

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer of this immediately in the order confirmation [KS5]. If a product is permanently no longer available, the provider will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.  

(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation.  

(4) The following delivery restrictions apply: Delivery is only made within Germany.   

§ 4 Retention of title  

               The goods remain the property of the supplier until full payment has been made. 

§ 5 Prices and shipping costs  

(1) All prices stated in the provider's webshop include the applicable value added tax.  

(2) The corresponding shipping costs [KS6] are indicated to the customer in the order form [KS7] and are to be borne by the customer. If the customer pays cash on delivery, a cash on delivery fee of EUR 4.40 is payable to the shipping service provider in addition to the shipping costs  

(3) The goods shall be shipped by DHL Post (insured).  

(4) In the event of revocation, the customer shall bear the direct costs of the return shipment. 

§ 6 Payment modalities  

(1) The customer can make the payment via PayPal.  

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider default interest of 5 percentage points above the base interest rate for the period of default.  

(3) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.  

§7 Warranty for material defects, guarantee  

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. The warranty period for goods delivered by the supplier to companies is 12 months.  

(2) An additional guarantee only applies to the goods delivered by the supplier if this is expressly stated in the order confirmation for the respective item. 

§ 8 Liability  

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its 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 material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.  

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

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected. 

§ 9 Cancellation policy  

(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (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 of withdrawal, you must inform us (Laura Jay) of your decision to withdraw from this contract by an unequivocal 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 refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.     

You must return or hand over the goods to us immediately and in any case no later than fourteen days 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.  

(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.  

(3) The provider provides the following information about the model withdrawal form in accordance with the statutory provisions:   

Model withdrawal form       

(If you wish to withdraw from the contract, please fill out this form and send it back to us).            

             (*) Delete as appropriate 

§ 10 Final provisions  

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding 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 the customer as a consumer has his habitual residence, remain unaffected.  

(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 the provider is the registered office of the provider.    

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.