Franks zauberhafte Holzkunst

Terms & Conditions (T&C) and Cancellation Policy

General Terms and Conditions for Frank Addicks sole proprietorship Der Rosenschnitzer

  1.  Scope of application
  2.  Conclusion of contract
  3.  Individually designed goods
  4.  Prices, shipping costs, payment options and due date
  5.  Shipment of goods
  6.  Right of retention, reservation of ownership
  7. Right of cancellation -> cancellation instruction, consequences, reasons for exclusion or            expiration
  8. Warranty regulation
  9.  Contractual languages
  10.  Applicable law
  11.  Dispute resolution
  12.  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

2.1  

The following specifications for the conclusion of a contract apply to all orders sent to me by e-mail to the address mail@rosenschnitzer.de. 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.

2.2.
At the conclusion it comes to the contract with

Frank Addicks (Der Rosenschnitzer)                                                                                                                                                        

Sole proprietorship

Milchstraße 20
33775 Versmold
Germany

Tax-Number.:  351/5000/3665

2.3  

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. 

2.4  

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.
The consumer receives an order confirmation from me, which decides the purchase contract.

2.5  
If you make a request to me beyond my purchase offers on my website for the preparation of an offer, this is non-binding for you. I submit a binding offer in text form (eg by e-mail), which you can accept within 5 days.

2.6
The processing of the order and transmission of all information required in connection with the conclusion of the contract is done by e-mail. You must therefore ensure that the e-mail address you have provided to me is correct, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.

2.7
Both the order data and my terms and conditions will be sent to you by e-mail. The terms and conditions are also available online on my website at any time.

3 Customized goods

3.1

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.    

3.2  

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.

3.3  

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

4.1  

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

4.2

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. 

Cancellation instruction

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:   

Frank Addicks

Milchstraße 20

33775 Versmold

Germany

Email: mail@rosenschnitzer.de

Letters or e-mails are accepted. Informal letters are acceptable.

Consequences of the cancellation
As soon as your revocation reaches me, I undertake to refund within fourteen days all payments received, including shipping costs (only costs exceeding the standard shipping offered by me are excluded). The fourteen day refund period starts from the day the revocation letter is received by me. The means of payment of the refund is identical to what was used for the actual payment.

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;
The right of withdrawal expires prematurely in the case of contracts
  • 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).

To Frank Addicks
Milchstraße 20, 33775 Versmold, Germany, e-mail address: mail@rosenschnitzer.de:

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 (*) 
- Name of the consumer(s) 
- Address of the consumer(s) 
- Signature of the consumer(s) (only in case of paper communication) 
- Date(s)

(*) Delete where not applicable.


8 Warranty regulation 
The legal requirements for warranty apply.  As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify me and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

9 Contract languages 
I accept German and English as contract language.

10 Applicable law

10.1 
German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).

10.2 
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

11 Dispute Resolution 
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.

I am not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12 Customer-Support   
For questions, complaints and claims, you can contact me on weekdays from 8:00 to 18:00 (German time): mail@rosenschnitzer.de

Status of the terms and conditions: May 2021