Terms & Conditions (T&C) and Cancellation Policy
General Terms and Conditions for Frank Addicks sole proprietorship Der Rosenschnitzer
- Scope of application
- Conclusion of contract
- Individually designed goods
- Prices, shipping costs, payment options and due date
- Shipment of goods
- Right of retention, reservation of ownership
- Right of cancellation -> cancellation instruction, consequences, reasons for exclusion or expiration
- Warranty regulation
- Contractual languages
- Applicable law
- Dispute resolution
- Customer support
1 Scope of application
The following general terms and conditions apply to all deliveries that take place between me and a consumer. The version valid at the respective time is always to be observed. A consumer is any natural person who enters into legal transactions for purposes that can mainly neither be attributed to his independent professional or commercial occupation (see the German § 13 BGB).
2 Conclusion of contract
The following specifications for the conclusion of a contract apply to all orders sent to me by e-mail to the address email@example.com. Alternatively, consumers who want to buy something can contact me via my Twitter account. This type of contact for the purpose of a purchase are also covered by these terms and conditions.
At the conclusion it comes to the contract with
Frank Addicks (Der Rosenschnitzer)
The presentation of the goods represent a non-binding invitation to the consumer to order goods. It is not a legally binding contract offer on my part. If the order is placed, the consumer makes a binding offer for him to conclude the contract.
If an order arrives to workpiece(s) from me, the following regulations are to be observed: The consumer submits a binding contract offer by going through the ordering procedure via email. The following steps are completed during the ordering process:
- Selection of the desired product
- Contacting me via e-mail or Twitter message
- Checking the details for the purchase transaction in communication with each other, binding order.
3 Customized goods
You shall provide me with the suitable information, texts or files required for the individual design of the goods by e-mail no later than immediately after conclusion of the contract. My possible specifications on file formats are to be observed.
You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly release me from all third party claims asserted in this context. This also applies to the costs of legal representation required in this context.
I do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.
4 Prices, shipping costs, payment options and due date
The prices stated on my website in the store are total prices plus the required 19 % VAT (acc. to the German § 19 UStG) and plus the shipping costs. For shipping costs please also note my information on payment and shipping.
As payment methods are available prepayment (bank transfer), PayPal or cash payment at pickup. Depending on the selection of the payment method, I will give you my bank details or PayPal account by e-mail and deliver the goods after receipt of payment. In principle, the consumer is obligated upon conclusion of a purchase contract to immediately after the conclusion of the contract to the refund of the purchase price.
5 Shipping of goods
Insofar as the product description of an item does not allow any other conclusion, my products are usually ready for immediate shipment. It follows that the delivery takes place within 3-5 working days at the latest after payment reception. If the end of the period falls on a Saturday, Sunday or on a public holiday that applies at the place of delivery, this is postponed to the next working day.
6 Right of retention, reservation of ownership
You can exercise a right of retention only insofar as it concerns claims from the same contractual relationship. Until it comes to the payment of the purchase price, I reserve the ownership of the goods.
7 Right of cancellation -> Cancellation policy, consequences, reasons for exclusion or expiry
The following describes the conditions under which consumers can exercise their right of withdrawal. A consumer is any natural person who concludes legal transactions for purposes that are not predominantly attributable to his or her independent or commercial professional activity.
Within fourteen days you have the right to revoke the concluded contract without giving any reason. The withdrawal period begins to run as soon as you or a third person named by you, who is not the supplier, has received the goods. If you want to exercise your right of withdrawal, you must send a clear statement of your decision to the following address:
Letters or e-mails are accepted. Informal letters are acceptable.
I reserve the right to refuse the repayment until the goods have been returned to me.
By using the right of withdrawal, you undertake to return the goods in question within fourteen days from the day on which you informed us of your intention. If the shipment of goods takes place before the expiry of the deadline, this condition shall be deemed to have been fulfilled.
The direct costs of the return shipment must be borne by you.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Sample cancellation form
(If you want to revoke the contract, you can fill out this form and send it back).
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/ received on (*)
(*) Delete where not applicable.
8 Warranty regulation
9 Contract languages
10 Applicable law
11 Dispute Resolution
I am not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status of the terms and conditions: May 2021