General Terms and Conditions

1. scope of application

• For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
• A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
• The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract, correction possibilities

• The purchase contract is concluded with Peter Sandhaus: STUDIO SANDHAUS.
• The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
• We accept your offer within two days, by we issue a declaration of acceptance in a separate e-mail or if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment"). The relevant alternative for you depends on which of the listed events occurs first.

 

 3. contract language, contract text storage

• The language available for the conclusion of the contract is English.
• At your request, the further communication can also be in German.
• We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

 

 4. delivery conditions

• We deliver free of shipping costs.
• In principle, you have the possibility of collection at SANDHAUS, Gneiststraße 11, Berlin, Germany during the following business hours: by arrangement.
• We do not deliver to packing stations.

 

 5. payment

In our store, the following payment methods are generally available to you:

• Prepayment

If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

• Credit card

In the order process you enter your credit card details. Your card will be charged immediately after submitting the order.

• PayPal

In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and in the order process.

          PayPal, PayPal Express

In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

PayPal can offer registered and according to its own criteria selected PayPal customers further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

          Credit card via PayPal

Your card will be charged by PayPal after the goods have been shipped

          Direct debit (Lastschrift) via PayPal

Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

• SOFORT by Klarna

In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

• Google Pay

In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the order process.

• Apple Pay

In order to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

• Amazon Pay

In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after the order is placed. A banking day is any business day except Saturdays, federal public holidays, and December 24 and 31 of each year. You will receive further instructions in the order process.

• Cash payment upon collection

You pay the invoice amount in cash when you pick up your order at STUDIO SANDHAUS in Berlin Germany.

 

6. right of withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the refund policy. Entrepreneurs are not granted a voluntary right of withdrawal.

 
7. reservation of proprietary rights

The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

 

8. transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9 Warranty and guarantees

9.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

- in case of injury to life, body or health

- in case of intentional or grossly negligent breach of duty as well as fraudulent intent

- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)

- within the scope of a guarantee promise, if agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

 

Restrictions in relation to entrepreneurs and enterprises:

With respect to entrepreneurs and enterprises, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

 

Regulations in relation to merchants:

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

 

9.2 Guarantees and customer service

Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

 

10 Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

in case of injury to life, body or health,

in case of intentional or grossly negligent breach of duty,

in the case of warranty promises, insofar as agreed, or

insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

 

 11. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

 

 12. final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

AGB advised by Trusted Shops legal (legal.trustedshops.com)