Terms & Conditions, Refund Policy and Privacy Statement
Customer Information and Terms and Conditions Customer Information
This contract is concluded with
D-10587 Berlin GERMANY
E-mail address: firstname.lastname@example.org
Register number: HRB 115254
Registry court: District Court of Berlin (Charlottenburg)
Contract Conclusion and Ordering Process
1. The presentation of the goods, particularly in the online shop, shall not yet constitute a binding offer.
2. Clicking the “add to shopping cart” button adds any selected items to the shopping cart. The ordering process is commenced in the subsequent “checkout” step, in which all information required for processing the order is collected and the Terms and Conditions must be acknowledged by placing a checkmark next to the note “I have read and agree to the Terms and Conditions”.
At the end of the ordering process, a summary of the order and contract data will be displayed. Only after confirming this order and contract data by clicking on the “buy” button do you submit a binding offer to purchase the goods contained in the shopping cart.
3. A contract shall only come into existence with a written or electronic order confirmation from the vendor. The vendor shall be entitled to accept the client’s contract offer within 3 (three) business days after receipt of the order.
Technical Correction Options
By clicking on the “X” button next to the existing goods in the shopping cart, you may remove them from the shopping cart.
Saving the Text of the Contract
The contract text of each contract concluded between the vendor and the purchaser shall be saved by Kreativis GmbH.
The contract language shall be German or, if necessary, English.
German and Austrian consumers have a right of cancellation according to current applicable law. Please refer to the Terms and Conditions for more information.
You, the client, must generally cover the cost of returning and re-sending the package.
The purchaser shall be entitled to a legal warranty right. Please consult our Terms and Conditions for differing regulations.
The prices specified in the online shop (US dollars) contain the legal value-added tax and other price components and exclude the respective shipping costs. Prices (USD) at the time of ordering shall be deemed valid.
You may optionally pay via credit card (VISA, MasterCard) or via PayPal upon request.
Upon selecting payment via credit card, your account will be charged upon finalizing the order. Invoices are due upon receiving the goods. In exceptional cases, additional costs may be incurred for the provided payment options, such as transaction fees for currency conversions.
All shipping costs, particularly packaging, transport costs and deliveries shall be borne by the client, unless otherwise agreed. Information on shipping costs is visible in checkout.
If shipment is made to a non-EU country, the client may need to pay additional tolls, taxes or fees to the responsible customs and tax authorities, not to the vendor. It is recommended that the client obtain more information from the customs or tax authorities before ordering. There shall be no reimbursements for any customs fees and taxes. Unless an order is made from our B2B shop, a reimbursement of the value-added tax may be performed for a €35 processing fee.
Deliveries are made worldwide. Unless otherwise explicitly stated in the ordering process, all offered items are ready for immediate shipment and are shipped within two weeks.
Please consult the individual product descriptions for delivery times. When purchasing with a credit card, the delivery time shall begin upon debiting the purchase amount from the client’s account; when purchasing with PayPal, it shall begin on the day after payment is sent.
Delivery time shall end upon expiry of the last day of the time period. Should the last day of the time period fall on a Saturday, Sunday or a state-recognized general holiday, then the following business day shall supplant such a day. In exceptional cases, delays in delivery may occur due to customs or similar, although the delivery date may be overextended by 1-2 weeks.
Information on the Presentation
We would like to inform you that the products depicted in our online shop may vary in shape and color (e.g. due to improperly calibrated screens). We always strive to correctly depict the items in our online shop with the utmost accuracy. Nevertheless, we would like to apologize in advance for any differences and hope that you understand.
You have the option of contacting the vendor if you have questions regarding product delivery (e.g. time, availability, receipt of payment, color, etc.). In that respect, please have your order no. ready (you can find it in your order confirmation e-mail).
E-mail address: email@example.com
General Terms and Conditions
1. Contractual Bases
1.1. All contracts that the client (consumer or contractor) concludes with the vendor shall solely be based on these Terms and Conditions and, unless covered, applicable law. The client explicitly acknowledges this with his/her order.
1.2. A consumer is any natural person that concludes a legal transaction for a purpose that cannot be attributed to either his/her commercial or independent professional activity.
1.3 A contractor is a natural or legal person or a partnership with legal capacity that is exercising its legal or independent professional activity upon concluding a legal transaction and explicitly indicates it.
2. Delivery Terms
2.1 Should the vendor incur additional costs due to the provision of an incorrect delivery address or incorrect addressees, the client shall bear these costs, unless he/she is not responsible for the incorrect information.
2.2 Should the client stipulate a delivery date and fail to be present at the stipulated place at the stipulated time to receive the goods, or should the client fail to send an authorized person to accept the goods, the client shall also bear the costs of re-delivery if he/she is at fault for this.
2.3 The client shall be responsible for regularly checking his/her tracking link after receipt and, in case of any potential problems with delivery, immediately contacting his/her local mailman to properly receive the package. Should the client fail to verify, resulting in returned goods, the client shall bear the cost of a new shipment. Information on the non-delivery and return can be viewed in the tracking history.
2.4 Free add-ons are sold on the principle of “while supplies last” and shall not constitute a part of the purchasing contract. The client shall have no claim to a new shipment of these goods if free goods are missing.
2.5 Delivered goods must be immediately inspected for damage upon receipt. Damage that has occurred due to shipment or production errors must be reported to customer service within the first 14 (fourteen) days after receiving the goods to receive a claim for replacement goods. Beyond the fourteen-day right to report, there shall be no claim for replacement goods or reimbursement of the goods’ value.
2.6 Goods are generally sent insured, although the shipper shall not pay for any damage.
2.7 No liability shall be assumed for transport damage. In case of visible damage due to transport, the responsibility shall lie with the respective shipping company/ shipping service provider. It shall be responsible for clarifying and paying for any transport damage.
3. Prices and Payment Terms
3.1 The prices stated on the product pages shall be the final prices including the statutory value-added tax.
3.2 In case of delinquent payment, the client shall be obliged to pay the vendor interest on arrears amounting to 5% over the base interest rate, if the client is a consumer (§ 13 BGB [German Civil Code]). Should the client be a contractor (§ 14 BGB), the interest on arrears shall be 9% over the base interest rate.
3.3 Irrespective of 3.2, the vendor shall remain free to substantiate greater default damages along with other damages.
4. Reservation of Title
The goods shall remain the property of the vendor until payment is made in full.
5.1 Applicable legal requirements shall apply with respect to the warranty.
5.2 Only goods that have been purchased from the online shop run by Kreativis GmbH shall be eligible for warranties and cancellation.
6. Right of Cancellation
6.1 The right of cancellation shall solely apply to German and Austrian consumers and corresponds to current applicable law.
6.2 Without prejudice to his/her right of cancellation, the client must carefully package the goods for return.
6.3 Time-limited promotional merchandise sold by the online shop and clearly identified as such (e.g. via countdowns) shall not be eligible for exchanges.
6.4 Goods that are sold internationally shall be treated as promotional merchandise analogous to 6.3 and are therefore not eligible for exchanges.
6.5 Analogous to 5.2, only goods that have been purchased from the online shop run by Kreativis GmbH shall be eligible for warranties and cancellation.
7. Limitation of Liability
7.1 Apart from infringements of major contractual obligations (cardinal obligations), the vendor shall only be liable for damages that are attributed to intentional or grossly negligent behavior.
7.2 Except in cases of intentional or grossly negligent behavior and infringement of major contractual obligations (cardinal obligations), liability shall be limited to damages that are typically foreseeable upon contract conclusion and are furthermore limited in amount to average damages that are typical in contracts. This shall also apply to indirect consequential damages, such as lost profits in particular.
7.3 The limitation of liability for paragraphs 1 and 2 shall also apply correspondingly to the benefit of the vendor’s employees and vicarious agents.
8. Order Changes, Cancellation and Refunds
8.1 Changes may be made to the respective orders within the first six hours after order completion. This includes address changes and product changes (color, quantity etc.). Change requests that are reported beyond this time period may no longer be implemented due to processing steps that have already been completed.
8.2 Cancellations may no longer be made after conclusion of the purchasing contract.
8.3 Chargeback fees of €35 that are wrongfully charged to the vendor along with any incurrent processing fees shall be borne by the client.
8.4 Before payments are cancelled, refunds must be requested at the vendor’s customer service department, so that any refunds may be transacted instead of or before chargebacks. Should the vendor fail to receive advance notice of the chargeback, the client shall bear the incidental chargeback costs amounting to €35 plus any incurred processing fees.
8.5 Refunds are forwarded to the responsible department and immediately processed. This refund shall generally be visible on the beneficiary account 3-5 days after confirmation by customer support. In exceptional cases, this transfer process may last up to three months.
8.6 Our customer support department can guarantee details about order information, particularly tracking, within the first two months after receiving the shipment confirmation.
9.1 Personal data (e.g. salutation, name, address, telephone number, e-mail address) is only collected, processed and saved according to the provisions of the German data protection law, particularly the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
10. Final Provisions
10.1 The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on the International Sale of Goods. Mandatory provisions of the country in which the client has his/her normal place of residence shall remain unaffected.
10.2 The vendor’s headquarters shall be the place of fulfillment if the client is a merchant.
10.3 The place of fulfillment shall be the vendor’s headquarters if the client is a merchant, legal entity under public law or public-law special fund, or does not have a general place of jurisdiction domestically, or—after conclusion of contract—has moved his/her residence abroad or has a residence that is unknown when the lawsuit is commenced.
10.4 Should individual provisions of this contract be invalid or contradict legal regulations, the contract’s remaining provisions shall remain unaffected.
- End of General Terms and Conditions -
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer.