Terms & conditions

Our General Terms and Conditions (GTC) and consumer information within the framework of purchase contracts concluded via the web shop between dollstudio.org - hereinafter referred to as the "Provider" - and the customer - hereinafter referred to as the "Customer". The following provisions also contain legal information regarding your rights under the regulations governing distance selling and electronic commerce.

1. Scope of Application

(1) The following General Terms and Conditions (GTC) apply to the online shop "dollstudio.org", hereinafter referred to as the "Provider." Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Provider and the Customer. Deviating General Terms and Conditions submitted by the Customer shall not apply, even without the express objection of the Provider.

(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his or her 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, is acting in the exercise of his or her commercial or independent professional activity.

2. Contractual basis

(1) During the ordering process, you will be asked to create a user account. This registration is free of charge and does not create any contractual or payment obligations. By registering, you agree that the data you enter will be checked for plausibility by the provider or a company commissioned by the provider.

(2) You are responsible for the safekeeping and secure use of your user ID and password. The provider is not liable for any damages you may incur due to the loss or misuse of your user ID or password.

3. Conclusion of the contract

(1) All offers in the Provider's online shop merely represent a non-binding invitation to the Customer to submit a corresponding purchase offer to the Provider. As soon as the Provider receives the Customer's order, the Customer will first receive a confirmation of their order, usually by email ("order confirmation"). This does not constitute acceptance of the order. Upon receipt of the order, the Provider will promptly review it and then inform the Customer whether they accept the order ("order confirmation").

(2) By placing your order, you submit a binding offer to conclude a contract. The contract is concluded

* for physical products upon delivery,
* for download products upon commencement of the download process.

4. Delivery and product availability

(1) The subject matter of the contract are the goods and services specified by the customer in the order and stated in the order and/or order confirmation, at the final prices stated in the web shop. All offers are subject to availability unless otherwise stated in the product description. Errors and omissions excepted.

(2) The quality of the ordered goods is determined by the product descriptions in the web shop. Images on the website represent the products as accurately as possible; however, significant differences may occur due to different monitor calibrations, particularly when displaying differentiated color tones. Images are for illustrative purposes only and may differ from the delivered product, particularly in the case of individually configurable items. Technical data, weight, dimensions, and performance descriptions are stated as precisely as possible, but may contain the usual manufacturing-related deviations. The properties described here do not constitute defects in the products delivered by the provider.

(3) Configurable items may not always be available or available in all sizes, colors, or variations. The customer will be informed of any restrictions or foreseeable delays in the order confirmation.

(4) If no copies of the selected product are available at the time the customer places their order, the provider will inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract will be concluded.

(5) If the product specified by the customer in the order is only temporarily unavailable, the provider will also immediately inform the customer of this in the order confirmation. In the event of a delivery delay of more than two weeks compared to the announced delivery date, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to terminate the contract. In doing so, it will immediately refund any payments already made by the customer.

(6) If the fulfillment of the offered legal transactions, deliveries, or services requires approval under German or European foreign trade law or US export control regulations, contractual fulfillment is subject to a condition precedent. If this authorization is not granted or complied with, or if ancillary provisions are not fulfilled, the contract shall be invalid.

(7) Articles shall only be sold in quantities customary for household use.

5. Retention of title

(1) The delivered goods remain the property of the provider until full payment has been made.

(2) You are obligated to treat the goods with care during the retention of title period.

6. Rights of use

(1) Upon conclusion of the contract, you are granted simple rights of use to the acquired content for your own private use.

7. Prices and payment

(1) The prices quoted are gross prices including the applicable statutory VAT.

(2) All prices include the scope of delivery specified in the item description. Equipment elements, accessories, or decorations shown in photographs are only included in the price if they are part of the scope of delivery.

(3) There is no minimum order value.

8. Terms of payment, offsetting and right of retention

(1) For first-time customers, the invoice amount is payable in advance and by bank transfer. If payment in advance is selected, the provider will provide its bank details in the order confirmation.

(2) Additional payment options such as credit card or purchase on account may be offered to existing customers.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined according to the calendar, the customer shall be in default simply by missing the due date. In this case, the customer shall pay the provider default interest at a rate of five percentage points above the base interest rate.

(4) The customer's obligation to pay default interest does not exclude the provider from asserting further damages for default.

(5) The customer may only offset counterclaims that have been legally established, are undisputed, or have been acknowledged in writing by the provider. The customer may only exercise a right of retention if the underlying claims arise from the same contractual relationship.

(6) There is no possibility of deducting a discount.

9. Shipping costs and delivery

(1) Delivery within Germany is generally free of shipping costs. Upon request, we will be happy to inform you whether delivery outside of Germany is also possible.

(2) Finished products are dispatched to the shipping company immediately upon receipt of payment; custom work is dispatched to the shipping company promptly upon completion of the product.

10. Warranty and guarantee for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

(3) Should delivered items exhibit obvious material or manufacturing defects, the customer shall promptly complain in writing. Obvious transport damage must be reported to the supplier upon delivery of the goods.

(4) The products offered may contain materials such as silicone or TPE. Even with normal, intended use, tears may occur due to the nature of the material used. The customer is aware that such tears do not constitute a defect in lifelike replicas. Products made of the aforementioned materials may also have small, manufacturing-related air pockets on their surface, up to approximately two millimeters in diameter. These manufacturing-related air pockets do not constitute a defect in the product.

(5) A guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective item.

11. Haftung

(1) Ansprüche des Kunden auf Schadensersatz sind ausgeschlossen. Hiervon ausgenommen sind Schadensersatzansprüche des Kunden aus der Verletzung des Lebens, des Körpers, der Gesundheit oder aus der Verletzung wesentlicher Vertragspflichten (Kardinalpflichten) sowie die Haftung für sonstige Schäden, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung des Anbieters, seiner gesetzlichen Vertreter oder Erfüllungsgehilfen beruhen.

(2) Bei der Verletzung wesentlicher Vertragspflichten im Sinne des Absatzes 1 haftet der Anbieter nur auf den vertragstypischen, vorhersehbaren Schaden, wenn dieser einfach fahrlässig verursacht wurde, es sei denn, es handelt sich um Schadensersatzansprüche des Kunden aus einer Verletzung des Lebens, des Körpers oder der Gesundheit.

(3) Wesentliche Vertragspflichten im Sinne des Absatzes 1 sind die Haftung für die Verletzung von Pflichten, deren Erfüllung die ordnungsgemäße Durchführung des Vertrages überhaupt erst ermöglicht und auf deren Einhaltung der Kunde regelmäßig vertrauen darf.

(4) Die Einschränkungen der Abs 1 und 2 gelten auch zugunsten der gesetzlichen Vertreter und Erfüllungsgehilfen des Anbieters, wenn Ansprüche direkt gegen diese geltend gemacht werden.

(5) Die Vorschriften des Produkthaftungsgesetzes bleiben unberührt.

12. Consumer's right of withdrawal

(1) If the customer is a consumer and has concluded a contract with the provider exclusively using distance communication means, in particular by telephone, email, or fax, or via the provider's website, the customer has the right of withdrawal described below.

(2) The customer shall bear the costs of return if the delivered goods correspond to those ordered or, in the case of a higher price, if the customer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal.

(3) No right of withdrawal exists
* if the customer has purchased the products from the provider for the purpose of his or her commercial or independent professional activity (in this case, the customer is not a consumer),
* for products that were individually manufactured for the customer according to the customer's specifications or were clearly tailored to his or her personal needs (custom-made products),
* for perishable products and products whose expiration date has passed,
* for sealed data storage devices containing audio and video recordings or software if the data storage device has been unsealed by the customer,
* for newspapers, magazines, and illustrated magazines.

(4) Cancellation policy and consequences of cancellation

Furthermore, with regard to the cancellation policy and consequences of cancellation, reference is made to the declaration on the right of cancellation, which is available in printable form on the provider's website at any time via the "Revocation" button.

13. Disposal of batteries.

There is a legal obligation to return used batteries and rechargeable batteries. A crossed-out wheeled bin symbol on the battery or rechargeable battery or on the packaging means that disposal with household waste is not permitted. Products containing harmful substances are marked with chemical symbols. "Cd" stands for cadmium, "Hg" for mercury, and "Pb" for lead. You can return the batteries and rechargeable batteries sold by the supplier to us free of charge.

14. Electronic communication.

(1) You agree that contract-related communication may be made electronically.

15. Place of jurisdiction and applicable law

(1) The contractual relationship and any claims arising therefrom shall be governed exclusively by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods and comparable international regulations are excluded.

(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 shall be the registered office of the provider.

(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid.

Stand: 10/2014