General Terms and Conditions of Sale
for the online shop
of Studio 6277 GmbH
Section 1: Scope
(1) These General Terms and Conditions of Sale apply to all contracts concluded through our online shop between us,
Studio 6277 GmbH
Tel: 0049 211 15865562
represented by the general managers Christine Holch and Ann-Katrin Weiner
Commercial register: Local Court of Düsseldorf HRB 87072
Value-added tax identification number: DE 325059033
and you, as our customer. Our online shop and our General Terms and Conditions of Sale are directed solely at consumers. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his or her trade, business, or profession. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or her or its trade, business or profession.
(2) All agreements entered into between you and us in connection with the purchase contract are based, in particular, on these General Terms and Conditions of Sale, our written order confirmation, and our declaration of acceptance.
(3) The controlling version of these General Terms and Conditions of Sale is the one that is in effect at the time of contract conclusion.
(4) We do not accept derogating terms and conditions of the customer. This also applies where we do not expressly object to their inclusion.
Section 2: Conclusion of contract
(1) The presentation and marketing of items in our online shop constitutes a binding offer to conclude a purchase contract. You can initially place our products in the shopping cart without any obligation and correct your entries at any time prior to submitting your binding declaration of acceptance by using the correction aids that are provided for and explained in the ordering process.
(2) With submission of an order through the online shop by clicking on the “Buy now” button, the contract comes into effect between us and you for the goods contained in the shopping cart.
(3) We will immediately confirm receipt of the order placed through our online shop by sending an email. You must ensure that the email address that you submitted to us is correct and, in particular, is not blocked by spam filters.
(4) Additional shipping costs apply in the case of delivery of orders outside of Germany. You can find the amount of the shipping costs in the pricing information provided in our online shop.
(5) Contracts are concluded in English.
(6) We store the contract text in adherence with data protection and send you the order data and our General Terms and Conditions of Sale in text form. You can view the contract text in our customer log-in.
Section 3: Right of cancellation
(1) As a consumer, you have a right of cancellation in accordance with statutory provisions.
(2) If you as consumer make use of your right of cancellation pursuant to subsection 1, you must bear the regular costs for the return shipment.
(3) In addition, the arrangements concerning the right of cancellation are based on our cancellation policy, which can be found on our website at www.studio6277.com.
Section 4: Delivery terms and reservation of advance payment
(1) We are entitled to make partial deliveries, provided that you can be reasonably expected to accept this.
(2) Unless agreed otherwise, the delivery period amounts to approximately 3-5 business days for deliveries within the Federal Republic of Germany. Subject to the arrangement in subsection 3, it begins to run with contract conclusion. Self-collection of the goods is unfortunately not possible. In the case of deliveries outside of Germany, different delivery periods apply, and you can find them, as well as the costs, in our online shop.
(3) In the case of orders by customers whose residence or place of business is located outside of Germany, or where there are justified indications of a risk of payment default, we reserve the ability to deliver only after receiving the purchase price and shipping costs (advance payment reservation). We will promptly notify you if we make use of the advance payment reservation. In such case, the delivery period begins to run with payment of the purchase price and the shipping costs.
Section 5: Prices and shipping costs
(1) All price details in our online shop are gross prices and include value-added tax but not shipping costs.
(2) Shipping costs are listed in our price details in our online shop. Shipping costs depend on the delivery area (Germany, EU Customs Union, non-EU countries). The price, including value-added tax and charged shipping costs, is also displayed in the order form before you submit the order.
(3) If we carry out your order in partial deliveries pursuant to Section 4 (1), you are charged shipping costs only for the first partial delivery. If partial deliveries are made at your request, we charge shipping costs for each partial delivery.
(4) If you withdraw your contractual declaration pursuant to Section 3, you can demand reimbursement of costs that you have already paid for shipping (dispatch costs) in accordance with statutory requirements (for other consequences of cancellation, see Section 3 (3)).
Section 6: Payment terms and set-off and right of retention
(1) The purchase price and the shipping costs are due for payment upon conclusion of the purchase contract.
(2) You can pay the purchase price and the shipping costs at your discretion by bank transfer of advance payment to our bank account, by SEPA direct debit, by credit card, or by PayPal.
(3) You are not entitled to set off against our claims unless your counterclaims are undisputed or have been reduced to an enforceable judgment. You are also entitled to set off against our claims if you assert defect complaints or counterclaims under the same purchase contract.
(4) As buyer, you may exercise a right of retention only if your counterclaim is based on the same purchase contract.
Section 7: Retention of title
We retain title to the delivered goods until payment in full of the purchase price.
Section 8: Transport damages
(1) If goods are delivered with obvious transport damages, then please lodge a complaint about such flaws, ideally immediately, with the deliverer and please contact us without delay.
(2) If you fail to lodge a complaint or make contact, this has no consequences whatsoever for your statutory claims and their enforcement. However, you help us to be able to assert our own claims against the shipping company or the transport insurance company.
Section 9: Warranty
(1) We are liable for material or legal defects in the delivered items in accordance with applicable statutory provisions, particularly sections 434 et seq. of the German Civil Code (BGB). The prescription period for statutory defect claims amounts to two years and begins to run with delivery of the goods.
(2) Any seller warranties that we provided for certain items or manufacturer warranties granted by manufacturers for certain items are in addition to claims for material or legal defects within the meaning of subsection 1. You can find details about the scope of such warranties with the product and on special information pages in the online shop.
Section 10: Liability
(1) Your claims for compensation of damages are excluded. Exempt from the foregoing are your claims for compensation of damages based on loss of life, bodily injury, or damage to health or on the breach of material contractual obligations (cardinal obligations), as well as liability for other damages that are based on a wilful or grossly negligent breach of obligations by us, our statutory representatives, or persons we use to perform an obligation (Erfüllungsgehilfen). Material contractual obligations are those whose fulfilment is necessary in order to achieve the objective of the contract.
(2) In the case of the breach of material contractual obligations, we are liable only for damage that is foreseeable and typical of the type of contract if it was caused by simple negligence, other than where your claims for compensation of damages have to do with claims based on loss of life, bodily injury, or damage to health.
(3) The limitations in subsections 1 and 2 also apply in favour of our statutory representatives and persons we use to perform an obligation if claims can be directly asserted against them.
(4) The limitations of liability under subsections 1 and 2 do not apply where we have fraudulently concealed the defect or have given a warranty for the quality of the item. The same applies to the extent that you and we have entered into an agreement on the quality of the item.
(5) The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
Section 11: Copyrights
We have copyrights in and to all images, films, and texts that are published in our online shop. Images, films, and texts may not be used without our express permission.
Section 12: Code of Practice
We adhere to the Code of Practice of the Better Cotton Initiative (BCI), https://bettercotton.org. BCI is the world’s largest programme on sustainability in connection with the production of cotton.
Section 13: Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany is applicable, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you submitted the order as a consumer and at the time of your order have your habitual place of residence in another country, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) Even where individual clauses are legally ineffective, the contract remains binding in its other parts. Where they exist, statutory provisions take the place of the ineffective clauses. However, if this would pose an unreasonable hardship for a contracting party, the contract becomes ineffective in its entirety.
(3) The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court dispute resolution concerning contractual obligations under online purchase contracts. For more information, please visit http://ec.europa.eu/consumers/odr.
(4) We are neither prepared nor obligated to participate in dispute resolution proceedings before a consumer arbitration body.