Terms of service

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redeeming Promotional Vouchers
Redeeming Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of ALEXASCHA Design Studio GmbH (hereinafter referred to as ‘Seller’) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.

1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or via the online contact form.

2.3 The seller may accept the customer's offer within five days

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the date of receipt of the order confirmation by the customer shall be decisive, or
by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer shall be decisive, or
by requesting payment from the customer after the customer has placed their order.

If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares its acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices, including statutory value-added tax (VAT). Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with money transfers if the delivery itself does not take place to a non-EU country, but the customer makes the payment from a non-EU country.

4.3 The available payment methods are communicated to the customer in the seller’s online shop.

4.4 If advance payment by bank transfer is agreed upon, payment is due immediately after conclusion of the contract, unless a later due date has been agreed by the parties.

4.5 If the payment method “Sofortüberweisung” (instant bank transfer) is selected, the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). To pay via “Sofortüberweisung,” the customer must have an online banking account enabled for “Sofortüberweisung,” properly authenticate during the payment process, and confirm the payment instruction. The payment transaction is then immediately carried out by Klarna, and the customer’s bank account is debited. More information on this payment method can be found at https://www.klarna.com/sofort/ .

4.6 If a payment method offered via the “Stripe” payment service is selected, payment processing is carried out through Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The payment methods offered by Stripe are listed in the seller’s online shop. To process payments, Stripe may use additional payment services, for which separate terms may apply and which will be communicated to the customer where relevant. Further information on Stripe is available at https://stripe.com/de .

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping, delivery is made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address stated in the seller’s order processing is decisive.

5.2 If delivery fails due to reasons attributable to the customer, the customer must bear the reasonable costs incurred by the seller as a result. This does not apply to shipping costs if the customer effectively exercises the right of withdrawal. Regarding return costs, the provisions in the seller’s cancellation policy apply.

5.3
If the customer acts as a business entity, the risk of accidental loss or damage to the goods passes to the customer once the seller has handed the item over to the carrier, freight forwarder, or other person or institution responsible for shipment.
If the customer acts as a consumer, the risk passes only upon delivery of the goods to the customer or an authorized recipient.
However, if the customer commissions the shipping company or freight forwarder without the seller having named that person or company in advance, the risk passes to the customer as soon as the goods are handed over to the carrier.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the seller is not responsible for the non-delivery and has, with due diligence, concluded a concrete covering transaction with the supplier. The seller will make every reasonable effort to procure the goods. In case of unavailability or partial availability, the customer will be informed immediately, and any payment will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

By e-mail
By postal mail

6) Retention of Title

If the seller makes advance deliveries, ownership of the goods remains with the seller until full payment of the purchase price.

7) Liability for Defects (Warranty)

Unless otherwise stated, statutory warranty rights apply. However, for contracts for the delivery of goods, the following applies:

7.1 If the customer acts as an entrepreneur:

The seller may choose the type of subsequent performance;
For new goods, the limitation period for defect claims is one year from delivery;
For used goods, warranty rights are excluded;
The limitation period does not restart if a replacement is supplied under the warranty.

7.2 The above restrictions and limitations do not apply:

To claims for damages or reimbursement of expenses,
If the seller fraudulently conceals a defect,
To goods used for construction purposes that caused defects in the building,
To any obligation of the seller to provide updates for digital products when selling goods with digital elements.

7.3 Statutory limitation periods for recourse claims of entrepreneurs remain unaffected.

7.4 If the customer is a merchant under § 1 HGB, they must comply with the inspection and notification obligations under § 377 HGB. Failure to comply will result in the goods being deemed approved.

7.5 If the customer is a consumer, they are requested to report any obvious transport damage to the delivery service and inform the seller. Failure to do so has no effect on their legal or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable:

In cases of intent or gross negligence,
For injury to life, body, or health caused by intent or negligence,
Under any explicit guarantee,
Under mandatory legal provisions such as product liability law.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage, unless unlimited liability applies under the above clause. Material contractual obligations are those necessary for achieving the purpose of the contract and which the customer can regularly rely on.

8.3 Otherwise, the seller’s liability is excluded.

8.4 The above provisions also apply to the seller’s legal representatives and vicarious agents.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers issued free of charge as part of marketing campaigns and not available for purchase (“promotional vouchers”) can be redeemed only in the seller’s online shop and only within the specified validity period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Certain products may be excluded if stated on the voucher.

9.4 Vouchers must be redeemed before completing the order process; retrospective application is not possible.

9.5 Only one promotional voucher may be redeemed per order.

9.6 The order value must at least equal the value of the voucher. Any remaining balance will not be refunded.

9.7 If the order value exceeds the voucher amount, the remaining balance may be paid using one of the other payment methods offered.

9.8 Voucher balances are not paid out in cash nor do they accrue interest.

9.9 If the customer returns goods paid for wholly or partially with a promotional voucher, the voucher will not be reissued or refunded.

9.10 Promotional vouchers are transferable. The seller may fulfill performance obligations with releasing effect to any holder of the voucher who redeems it in the online shop, unless the seller is aware or grossly negligent of the holder’s lack of authorization or legal incapacity.

10) Redemption of Gift Vouchers

10.1 Gift vouchers that can be purchased in the seller’s online shop can only be redeemed there, unless otherwise stated.

10.2 Gift vouchers and remaining balances are valid until the end of the third year following the year of purchase. Remaining balances are credited to the customer until the expiry date.

10.3 Gift vouchers must be redeemed before completing the order process; retrospective application is not possible.

10.4 Multiple gift vouchers may be used in one order.

10.5 Gift vouchers can only be used to purchase goods, not additional gift vouchers.

10.6 If the order value exceeds the voucher amount, the difference can be paid using other payment methods.

10.7 Voucher balances are not paid out in cash nor do they accrue interest.

10.8 Gift vouchers are transferable. The seller may fulfill obligations with releasing effect to any holder who redeems the voucher, unless the seller is aware or grossly negligent of the holder’s lack of authorization or legal incapacity.

11) Applicable Law

All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this applies only insofar as it does not deprive them of the protection granted by mandatory laws of the country in which they habitually reside.

12) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business.
If the customer’s registered office is outside Germany, the seller’s place of business is also the exclusive place of jurisdiction if the contract or claims arising from it relate to the customer’s professional or commercial activity. The seller may, however, also bring an action before the court at the customer’s place of business.