Terms of service

Scope

Conclusion of the Contract

Right of Withdrawal

Prices and Payment Terms

Delivery and Shipping Conditions

Granting of Rights of Use for Digital Content

Retention of Title

Liability for Defects (Warranty)

Liability

Applicable Law

Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Philipp Hümmer, trading under “DigitalPrintzStudios” (hereinafter referred to as the “Seller”), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise stipulated in this respect. Digital content within the meaning of these GTC means data which is created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the Customer and shall end upon expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller’s online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller shall not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data shall be archived on the Seller’s website and may be accessed by the Customer free of charge via the password-protected user account by entering the relevant login details.

2.6 Before submitting the order in a binding manner via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of improving the detection of input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. No VAT is charged because the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The available payment method(s) shall be communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via the “PayPal” payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which the Seller provides advance performance to the Customer (e.g. purchase on account or instalment payments), the Seller shall assign its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result of the credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer may make payment with discharging effect only to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller shall remain responsible for general Customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and returns relating to withdrawal, or credit notes.

4.4 If a payment method offered via the “Shopify Payments” payment service is selected, payment shall be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.5 If a payment method offered via the “Apple Pay” payment service is selected, payment shall be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay shall be communicated to the Customer in the Seller’s online shop. Apple may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.6 If a payment method offered via the “Google Pay” payment service is selected, payment shall be processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay shall be communicated to the Customer in the Seller’s online shop. Google may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.7 If a payment method offered via the “Klarna” payment service is selected, payment shall be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna’s applicable terms are available here:

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for processing the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of the initial shipment if the Customer validly exercises their right of withdrawal. With regard to return shipping costs, if the Customer validly exercises their right of withdrawal, the provisions set out in the Seller’s withdrawal policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass only when the goods are handed over to the Customer or a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to a consumer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned that forwarding agent, carrier or other person or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4 If the Customer acts as a consumer resident in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller. This shall apply only if the Seller is not responsible for the failure to supply and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer shall be informed without delay and the consideration shall be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Granting of Rights of Use for Digital Content

6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive right, unlimited in terms of territory and time, to use the content provided for both private and commercial purposes.

6.2 Where the contract concerns the one-time provision of digital content, the granting of rights shall become effective only once the Customer has paid the remuneration owed in full. The Seller may provisionally permit use of the contractual content before that time. No transfer of rights shall take place as a result of such provisional permission.

7) Retention of Title

If the Seller provides advance performance, the Seller shall retain title to the goods delivered until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

the Seller shall have the choice of the type of subsequent performance;
for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
for used goods, claims for defects shall be excluded;
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and reductions of limitation periods set out above shall not apply

to claims by the Customer for damages and reimbursement of expenses,
if the Seller has fraudulently concealed the defect,
to goods which have been used for a building in accordance with their customary manner of use and have caused the building to be defective,
to any existing obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

8.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation on any legal grounds

in cases of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee, unless otherwise stipulated in this respect,
on the basis of mandatory liability, such as under the German Product Liability Act.

9.2 If the Customer acts as a consumer resident in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, the Seller’s liability shall be limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, liability shall be excluded unless the Seller is liable without limitation pursuant to the preceding clause.

9.3 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.