General terms and conditions

§1 General

(1) These General Terms and Conditions (hereinafter referred to as GTC) shall apply to all contracts for the delivery of goods and the provision of services between us Neuling+König+Kühn GbR – ThuwooCreative and you as our customer, in the version valid at the time of the order. The GTC apply regardless of whether you act as a consumer or entrepreneur.

A consumer in the context of these GTC is any natural person who enters into a contractual relationship for purposes that can predominantly be attributed to his his commercial professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a contract, acts in the exercise of his commercial or independent professional activity. (§ 14 BGB).

Digital content within the meaning of these GTC is data that is not stored on a physical data carrier and is provided by us in digital form.

(2) The offer in our online store is aimed exclusively at buyers who have reached the age of 18.

(3) You can access and print out the current GTC on the website (..link…). We will also send your order data and our GTC by e-mail. A further storage of the contract text does not take place.

(4) We object to the inclusion of GTC of a customer that contradict our GTC.

§2 Conclusion of contract

(1) The presentation of the goods and products on our online presence does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to you to submit an offer to conclude a contract. By ordering the desired goods or booking the service, you submit a legally binding offer to conclude a contract.

(2) The costumes offered by us are to be used exclusively as clothing/costume.

 

(3) You make a binding offer to enter into a contract by clicking on the button “Buy now” after completing the ordering process. Furthermore, you can submit the offer by telephone or by e-mail.

The order is made in the following steps:

  1. Product selection
  2. Confirm by clicking the “Add to shopping cart” buttons
  3. Checking the information in the shopping cart
  4. Pressing the “checkout” button
  5. Login to the online store after registration and entering the data of the registrant (e-mail address and password) or order without registration.
  6. Re-check including the possibility of correcting the entered data.
  7. Binding submission of the order by clicking the button “Buy now”.

Before completing the order and submitting the offer, you can check your order again on an overview page. You can correct input errors by clicking the “Back” button in the browser you are using and correct the input at the individual steps. You can cancel the ordering process completely by closing the browser.

(4) We shall confirm receipt of the order immediately by means of an automatically generated e-mail (confirmation of receipt). This does not constitute an acceptance of the offer, unless it expressly states otherwise.

(5) We may accept your offer within two days. The acceptance of the offer shall be made in text form or in writing. Acceptance may furthermore be effected by

  • Sending the ordered goods or,
  • In the case of digital content, by making the content available for download

The period for acceptance of your offer begins one day after you send the offer and ends with the expiry of the following day after the start of the period. The offer shall be deemed rejected if we do not accept it within the aforementioned period.

(6) In case of payment via PayPal, a purchase contract is also concluded by the successful completion of the payment processing. The payment is processed by the payment service provider PayPal (Europe) S. à r. l. et Cie, S.C.A., 22-24 Boulevard Royale, L-2449 Luxembourg, subject to the PayPal terms of use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full – if you dont have a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . As far as you pay via PayPal, we already declare the acceptance of your offer for the time when you click the button “order with obligation to pay”.

§3 Prices, shipping costs, terms of payment

(1) The stated prices include the statutory VAT and other price components and are exclusive of the respective delivery and shipping costs.

We provide you with the individual payment options in the store.

(2) The following terms of payment shall apply in detail:

Credit card: The invoice amount is due immediately upon conclusion of the contract. The processing of the payment takes place via the respective credit card provider. In this case, we assign our payment claim to the respective provider. This provider collects the amount from the respective credit card account.  The credit card will be charged immediately after sending your order in the online store. A payment with debt-discharging effect can only be made to the credit card provider. The credit card provider reserves the right to check the creditworthiness in individual cases and may refuse the payment method.

 

SEPA direct debit: The invoice amount is due after the SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the warehouse, but not before the deadline for the pre-notification. A pre-notification is any communication (e.g. invoice, policy, contract) from us to you announcing a debit by SEPA Direct Debit. In the event of a chargeback, you shall bear the costs of the chargeback if the direct debit cannot be honored, or because the account has insufficient funds, or if incorrect bank details have been provided, or if you have objected to the debit. You will only bear these costs if you are responsible for the chargeback.

 

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order

 

§4 Delivery

(1) Delivery shall be made to the delivery address specified by you in the online form when placing the order or to the address specified in an e-mail order. If you have chosen the payment method PayPal, the delivery address is the address deposited with PayPal at the time of payment. If a delivery fails for which the customer is responsible, you will bear any reasonable costs incurred. This does not apply to the costs of the first shipping to you, if the customer as a consumer effectively exercised his right of withdrawal (Widerruf).

(2) We provide services in a personal meeting by appointment.

(3) In the case of digital goods on non-physical data carriers (e.g. data for 3D printing), the delivery of the goods shall be effected by providing a link. This link can be activated by you and starts the download to the storage medium selected by you. You are responsible for providing suitable software that enables the files and contents to be opened properly.

 

(4) We deliver to the following countries: All countries in Europe, Australia, New Zealand, USA Canada, Japan, China, Hong Kong, South Korea, Russia.

§5 Retention of title (Eigentumsvorbehalt)

We retain title to the goods until the purchase price has been paid in full. Prior to the transfer of ownership of the goods subject to retention of title, a transfer of ownership by way of security or pledging is not permitted.

If you are an entrepreneur, you may resell the goods in the ordinary course of business. For this purpose, you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the receivables. As far as you meet your payment obligations towards us, we reserve the right to collect claims ourselves.

In the event of combination and mixing of goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of our goods to the other items at the time of combination/mixing.

§6 Right of use for digital content

The buyer is granted a simple, non-transferable right, revocable before full payment of the license fee, to use the provided content for personal use, as well as business use by the seller. Unless otherwise stated in the description in the online store.

§7 Warranty

If you conclude the contract as a consumer, the statutory provisions on warranty for defects apply.

If you act as an entrepreneur, the statutory warranty claims apply with the following modifications:

  1. Our own specifications and the manufacturer’s product descriptions are authoritative for the quality of the goods, but not public statements and other advertising by the manufacturer.
  2. You are obliged to examine the goods immediately and with due care for quality and quantity deviations. You must notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch shall be deemed to meet the deadline. The same applies to hidden defects discovered later from the time of discovery. In case of violation of this obligation to inspect and notify defects, the assertion of warranty claims is excluded.
  3. In the event of defective goods, we shall, at our discretion, either remedy the defect or provide a replacement delivery (in total, subsequent performance). In the event of subsequent improvement, we shall not bear the increased costs incurred by transporting the goods to a place other than the place of performance, insofar as the transport does not correspond to the intended use. If this subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
  4. The warranty period shall be twelve months from delivery of the goods. This limitation of warranty shall not apply to claims based on damages resulting from injury to body, life, health or from the breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims for other damages based on an intentional or negligent breach of duty by us or our vicarious agents.

§8 Liability

(1) For claims based on damages caused by us, our legal representatives or vicarious agents, we shall be liable without limitation

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, if agreed, or

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

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

§9 Dispute resolution for consumers

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform). This platform can be accessed at https://ec.europa.eu/odr. We are neither obliged nor willing to participate in the dispute resolution procedure.

§10 Contract language

The contract language is German. If translations are made of these GTC, only the German version shall be legally binding.

§11 Final provisions

  1. if you conclude the contract with us as an entrepreneur, German law shall apply exclusively, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG)/UN Sales Law.
  2. If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from this contractual relationship.