Amtsgericht Hannover HRB 209737
Terms & Conditions
General Terms and Conditions of the DaWanda Shop “snug-studio”
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the DaWanda Shop “snug-studio” is snug.studio GmbH, Flüggestraße 19, 30161 Hannover (referred to hereinbelow as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the DaWanda Shop “snug-studio” for sale to other DaWanda users. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The Vendor shall deliver the merchandise to destinations in Germany as well as to all other countries of the European Union, Liechtenstein, Norway and Switzerland.
(4) Customers shall select the merchandise desired by placing it in their “shopping cart” or by clicking on the button “Proceed Directly to Checkout” (Direkt zur Kasse gehen). The order will be conclusively placed with the Vendor by clicking on the button “Place Order” (“zahlungspflichtig bestellen”). Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Place Order” (“zahlungspflichtig bestellen”), the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored in the Vendor’s and the customer’s DaWanda user accounts and may be viewed by the customer at any time in the DaWanda portal by clicking on the item “My Purchases” (Meine Einkäufe) in the “My DaWanda” (Mein DaWanda) menu.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance. Partial deliveries shall be made only with the customer’s prior consent.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. Prices include turnover tax in the amount of 19%.
(2) The shipping costs are listed in the respective product description under the menu item “Payment & Shipping” (Bezahlung & Versand).
(3) Where deliveries are made to Liechtenstein, Norway or Switzerland, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) The Vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by redeeming a DaWanda coupon, against pre-payment by bank transfer, against pre-payment using PayPal or against cash payment at pick-up. Together with the contract confirmation (Section 2 paragraph 5), customers shall receive an internet link via e-mail connecting them to the “My Purchases” (Meine Einkäufe) site of the DaWanda portal, which provides further information on the implementation of the purchase.
a) For payments using a DaWanda coupon, customers may enter one or several coupon codes in the “My Purchases” (Meine Einkäufe) site of the DaWanda portal. The coupon value will be credited to the Vendor, and in this way the invoice amount will have been paid for. Where the coupon value is higher than the invoice amount, the coupon shall remain valid for the balance of its amount.
b) Where the customer has selected “Bank Transfer” (Banküberweisung) as the form of payment, the Vendor’s bank account details will be provided in the “My Purchases” (Meine Einkäufe) site of the DaWanda portal. Exclusively transfers denominated in Euros and free of charge for the Vendor shall be accepted for bank transfers from abroad.
c) Where the customer has selected “PayPal” as the form of payment, the button “Click here to pay using PayPal” (Hier klicken, um mit PayPal zu bezahlen) will connect to the PayPal online service, from where payment can be made subsequently.
d) Where the customer has selected “Cash Payment” (Barzahlung) as the form of payment, the merchandise can be picked up at the Vendor’s registered seat.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Shipment, delivery periods
(1) Within two business days after having received payment in full, the Vendor shall submit the merchandise to the shipping company for delivery. Where a product in the shop has been marked “DaWanda Express”, it shall be submitted for shipping in any case already on the first business day following receipt of payment.
(2) Unless otherwise provided for in the item description, the shipping company shall require around two business days from the merchandise having been submitted to it by the Vendor for deliveries made in Germany and – depending on the distance – up to nine business days for deliveries made in other countries.
(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract. The Vendor shall inform the customer of the costs of re-shipping the merchandise by e-mail. The re-shipment shall be made only upon receipt of payment for these costs.
(4) Where the customer has selected “Cash Payment” (Barzahlung) as the form of payment, the merchandise will not be shipped. Instead, the customer may pick up the merchandise from the Vendor’s business premises following expiry of two business days after the order date.
Section 5 – Return of merchandise by consumers
(1) Customers who are making purchases as consumers (Section 13 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)) are entitled to a right of revocation in accordance with the statutory pre-requisites (Sections 312d, 355 of the German Civil Code). For further details, please see the Revocation Instructions.
(2) Where the customer is a consumer, the parties to the sale contract agree that in the event the revocation right is exercised, the customer shall bear the regular costs of return shipment where the merchandise delivered corresponds to the order and where the price of the object to be returned is not in excess of 40 Euros, or – where the price of the object is higher – if the counterperformance or a contractually agreed partial payment has not yet been made by the customer at the time of the revocation.
(3) Insofar as the customer is to bear the costs of the return shipment, the amount of money to be reimbursed by the Vendor and the costs of the return shipment to be reimbursed by the customer may be set off from each other.
(4) The Vendor shall grant a 14 day revocation period to consumers having their permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation herefrom, the revocation period for consumers who have their permanent residence in Malta or Slovenia is 15 calendar days.
(5) The Vendor shall allow consumers having their permanent residence outside of Germany to transmit their declaration of revocation also in text form even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form. Should the national laws applicable to the consumer provide for a simpler form than text form (such as a declaration made orally), the declaration of revocation shall also be effective in this simpler form. All consumers may alternatively exercise their revocation right by returning the merchandise in due time.
(6) Paragraph 2 shall not apply to consumers having their permanent residence in Finland; the Vendor shall bear the costs of return shipments from such consumers.
(7) Paragraphs 1 to 3 hereof and the pre-requisites and legal consequences of the German stipulations as to consumers’ rights of revocation shall apply to consumers having their permanent residence in Switzerland also in those cases in which Swiss law does not provide for a right of revocation.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations. For consumers having their permanent residence in Portugal, the burden of proof shall be shifted in favor of the consumer for two years, this in derogation from Section 476 of the German Civil Code and in accordance with Portuguese law.
Section 7 – Final provisions
(1) The Vendor shall collect and process the data input by customers in the course of their purchase for the purpose of processing the contract and performing in accordance with same. To the extent customers use the services of PayPal in order to pay for their purchase, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customers in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the Vendor.
(2) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(3) Where the customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the Vendor’s registered seat shall be the place of jurisdiction.
(4) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
Cancellation and return policy
Right of revocation
As a consumer, you are entitled to revoke your contractual declarations within fourteen days∗ without providing any reasons, doing so in text form (such as by letter, fax or e-mail)∗∗ or – provided that the object is made available to you prior to expiry of the above period – you may also do so by returning the object. The period commences running upon your receiving the present instructions in text form, but not prior to your having received the merchandise (in the event of similar merchandise being delivered in recurrent instances, not prior to the receipt of the first partial delivery) and also not prior to the fulfillment of our information obligations pursuant to Article 246 Section 2 in conjunction with Section 1 paragraphs 1 and 2 of the Einführungsgesetz zum Bürgerlichen Gesetzbuch (EGBGB, Introductory Law for the German Civil Code) as well as our obligations pursuant to Section 312g paragraph 1 first sentence of the Bürgerliches Gesetzbuch (BGB, German Civil Code) in conjunction with Article 246 Section 3 of the Introductory Law for the German Civil Code. The revocation deadline shall be deemed to have been met where the revocation or the object has been transmitted/shipped in due time.
The revocation is to be directed to:
Consequences of a revocation
In the event of a revocation having been effectively declared, the performance reciprocally received shall be returned and any benefits that may have been enjoyed therefrom (such as interest) are to be surrendered. Should you not be able to return/surrender the performance and benefits accrued (such as benefits obtained from use), or should you be able to do so only partially or in a deteriorated state, you will be under obligation to compensate the lost value in this regard.You will be under obligation to so compensate the lost value and the benefits accrued, in the event of the object having deteriorated and for the benefits having accrued, only to the extent the benefits or the deterioration of the object are the result of the object having been handled or managed in a manner extending above and beyond the review of its characteristics and function. The term “review of an object’s characteristics and its function” refers to the usual testing and tryout of the respective merchandise as is allowed in retail shops, for example.
Objects that it is possible to ship in packages are to be returned at our risk. You are to bear the regular costs of return shipment where the merchandise delivered corresponds to the order and where the price of the object to be returned is not in excess of EUR 40, or – where the price of the object is higher – if you have not yet provided the counterperformance or a contractually agreed partial payment.∗∗∗ In all other cases, the return shipment of the goods is free of charge. Objects that it is not possible to ship in packages will be picked up at your premises.
The obligation to reimburse payments made must be met within thirty days.∗∗∗∗ The period shall commence running for you on the date on which you send the declaration of revocation or the object, and shall commence for us upon our having received them.
∗ For consumers with permanent residence in Malta or Slovenia the revocation period is 15 calendar days. For consumers with permanent residence in Italy the revocation period is 10 working days according to Italian law (“giorni lavorativi”) in case this is longer than 14 calender days.
∗∗ Consumers having their permanent residence in Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Spain, Finland, France, Hungary, Irland, Latvia, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, Romania, Slovenia or Sweden may also declare their revocation without meeting any requirements as to form, and may declare it by telephone, for example; they are not bound to the requirement as to the revocation having to be made in text form.
∗∗∗ Where consumers have their permanent residence in Finland, the return shipment costs shall always be borne by the vendor.
∗∗∗∗ Consumers having their permanent residence in Lithuania, Slovenia oder Slovakia shall receive repayments by the Vendor within 15 days. Consumers having their permanent residence in Poland shall receive repayments by the Vendor within 14 days.
End of Revocation Instructions_*