§ 1 General
PRETTYPROPS UG (haftungsbeschränkt), Mozartring 16, 12355 Berlin, managing director: Mandana Bahrampour, phone: +49 173 4238436, email@example.com (hereinafter "STUDIO LIETZ" or "we"), operates an online shop at the internet address www.studiolietz.com (the "Website"). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
§ 2 Contracts
1. The presentation of products on our Website does not constitute any offer by STUDIO LIETZ for a purchase contract.
2. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "Complete Order" or "Pay Now". Before you submit your offer you will be able to view the details given by you and correct any mistakes in the information provided.
3. Upon receipt of your order we will send you an email confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
4. A purchase contract between you and STUDIO LIETZ will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
5. STUDIO LIETZ has the right to refuse any offer without stating a reason.
6. Unless explicitly agreed otherwise STUDIO LIETZ will not enter into any contract for orders with a destination address located in regions of EU member states that (1) aren't part of the the Union's customs territory or (2) are part of the the Union's customs territory but are considered third-country-regions under VAT regulations. By placing your order as set out under no. 2 above you confirm that the delivery address of your order is not located in such regions. STUDIO LIETZ will not be responsible for any costs, customs or taxes incurring due to your delivery address not complying to this rule.
The cancellation policy only applies to consumers under Sec. 13 of the German Civil Code (BGB).
CANCELLATION POLICYYou may cancel your contract of purchase within 14 days without having to state reasons.
The cancellation period is 14 days from the day on which you or an assigned third party, who may not be the carrier/courier, took the relevant goods into your/their possession.
To administer your right to cancel your contract of purchase, you have to notify us, PRETTYPROPS UG (haftungsbeschränkt), Mozartring 16, 12355 Berlin, Germany, firstname.lastname@example.org, Phone +49 173 4238436, by sending us an explicit declaration stating that you are cancelling your contract of purchase (for example: by sending us a letter in the mail or an email). You may use the cancellation template that is included in the email you are receiving this cancellation policy advisory with; however, it is not mandatory to use such template.
It will suffice to send us your notification of cancellation within the given cancellation period in order for the 14-day cancellation period to be granted.
If you cancel your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your notification of cancellation.
The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever occurs first.
The items have to be sent back or handed over to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of your purchase contract. The deadline is met if the goods are sent back prior to expiration of the fourteen day period. All direct return shipment costs are at your expense.
You shall compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible examination of the condition of the item, its characteristics and functionality.
REASONS TO TERMINATE THE CANCELLATION POLICY
The cancellation policy is only in place if the product bought hasn't been customised or altered.
End of advisory.
You can download the cancellation template here. We will also send you the cancellation template with the order confirmation.
§ 4 Prices; product presentation; availability; Gift Card; promotion code
1. The prices stated on our Website www.studiolietz.com at the time of your order apply.
2. The goods offered at STUDIO LIETZ are presented on the Website in the form of digital photographs of the actual products. Minor deviations between the presentation and the actual products do not qualify as a defect in the goods ordered. Furthermore, deviations in natural products and deviations in the parts of a pattern used for the actual product do not qualify as a defect in the goods ordered.
3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping costs will be incurred only once in any such case.
4. Gift Card
4.1 The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – prior to its expiration date.
4.2. Exchanges or reimbursements of your gift card are only applicable in accordance with the cancellation policy.
4.3 The Gift Card is only valid in countries that we ship to at the time of redemption in the respective currencies, stated on our website.
4.4 STUDIO LIETZ reserves the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by STUDIO LIETZ in the case of cancelling or blocking the Gift Card.
5. Promotion Code
5.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except Gift Cards. To determine the validity period, please refer to information on the promotion code.
5.2 STUDIO LIETZ reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by STUDIO LIETZ in the case of cancelling or blocking the promotion code.
5.3 Return policy for orders purchased using a promotion code:
If you make use of your right of cancellation under the cancellation policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases.
§ 5 Storage of contract data
We store your contract data. If you wish to print your order, you may do so by printing the order confirmation page appearing on your screen. It will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button and your payment have been accepted.
In addition, you will receive an email order confirmation stating all details entered as well as the cancellation template, which can be printed.
§ 6 Shipping & dispatch
1. Your package will be shipped with either DHL or UPS, depending on the final destination. STUDIO LIETZ is liable for any potential transport risks.
2. The goods will be ready for dispatch on or after the working day following your order. Unless agreed otherwise, delivery within Germany will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.
3. Shipping charges will be incurred only once for deliveries in instalments.
§ 7 Payment; default in payment; setoff; right of retention
1. All payments and credit notes will be handled in the currency chosen for the purchase.
2. Payment using a Gift Card When making a purchase using a Gift Card, simply enter the Gift Card code in the designated field at checkout. Click on "Apply" in the last step of the checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.
3. Payment using a promotion code When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on "Apply" in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.
4. Set-off The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
5. Right of retention for commercial transactions In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.
§ 8 Retention of title
The goods delivered remain property of STUDIO LIETZ until full payment has been made.
§ 9 Inquiries, complaints
For any inquiries about your order or complaints, please contact our Customer Service Team: email: email@example.com
§ 10 Warranty
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 11 below.
§ 11 Liability
1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
3. Any exclusion or limitation of the liability of STUDIO LIETZ shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
§ 12 Governing law, severability
1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.