Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for Processing Goods According to Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Alexander Schödl, doing business as "as Creativ" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which cannot predominantly be attributed either to their commercial or their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its 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 submit a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through 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. The Customer may also submit the offer to the Seller by e-mail, by fax, via the online contact form, by post or by telephone.

2.3 The Seller may accept the Customer's offer within five days by

• transmitting an order confirmation in writing or in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the Customer has submitted his order.

If several of the aforementioned alternatives occur, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of 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 is deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment is processed via 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 PayPal's terms of use, available under https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available under https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer selects a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which 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 is stored by the Seller after the conclusion of the contract and sent to the Customer after sending his order in text form (e.g. e-mail, fax or letter). The Seller does not make the contract text available beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the respective login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors may be the browser's magnification function, which enlarges the display on the screen. The Customer can correct his inputs during the electronic ordering process using the usual keyboard and mouse functions as long as he has not clicked the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by him for order processing is accurate so that e-mails sent by the Seller can be received under this address. In particular, when using SPAM filters, the Customer shall ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have 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 quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

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

4.4 If a payment method offered via the payment service "PayPal" is selected, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which he advances payment to the Customer (e.g. purchase on account or installment payment), he assigns his payment claim in this respect to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the case of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipment, returns, complaints, declarations of withdrawal and shipments or credits.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For processing payments, Stripe may use further payment services for which special payment conditions may apply, to which the Customer may be separately pointed. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area indicated by the Seller to the delivery address specified by the Customer, unless otherwise agreed. During the transaction processing, the delivery address specified in the Seller's order processing is decisive. In deviation from this, when selecting the payment method PayPal, the delivery address deposited by the Customer with PayPal at the time of payment is decisive.

5.2 For goods delivered by forwarding agent, delivery is made "free kerbside", i.e. to the public kerb closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the Seller's withdrawal policy applies in the event of effective exercise of the right of withdrawal by the Customer.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive the goods. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer even in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named such person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the Seller and he has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the Customer as follows:

• by download
• by e-mail

6) Retention of Title

If the Seller makes advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent fulfillment;
• the limitation period for claims for defects in the case of new goods is one year from delivery of the goods;
• claims for defects in the case of used goods are excluded;
• the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned liability limitations and limitation periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their customary use and which have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on his statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation from any legal ground

• in the event of intent or gross negligence,
• in the event of intentional or negligent breach of life, body or health,
• on the basis of a warranty promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations which, according to the content of the contract, impose on the Seller the obligation to achieve the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 In all other respects, liability of the Seller is excluded.

8.4 The aforementioned liability provisions also apply with regard to the Seller's liability for its vicarious agents and statutory representatives.

9) Special Conditions for the Processing of Goods According to Certain Specifications of the Customer

9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all contents required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant him the usage rights required for this purpose. The Customer alone is responsible for procuring and acquiring rights to these contents. The Customer warrants and assumes responsibility that he has the right to use the contents provided to the Seller. In particular, he ensures that no third-party rights, in particular copyright, trademark and personal rights, are infringed thereby.

9.2 The Customer shall indemnify the Seller against claims of third parties which these may assert against the Seller in connection with an infringement of their rights by the Seller's contractual use of the Customer's contents. The Customer shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the infringement of rights is not the responsibility of the Customer. In the event of a claim by a third party, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for examining the claims and for a defense.

9.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate statutory or official prohibitions or good morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying contents.

10) Redemption of Promotional Vouchers

10.1 Vouchers which are issued by the Seller free of charge as part of promotional activities with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the Promotional Voucher.

10.3 Promotional Vouchers can only be redeemed before the end of the ordering process. Subsequent accounting is not possible.

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 If the Promotional Voucher refers to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The credit of a Promotional Voucher is neither paid out in cash nor interest-bearing.

10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of his statutory right of withdrawal.

10.9 The Promotional Voucher is intended exclusively for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers which can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise specified in the Voucher.

11.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances are credited to the Customer until the expiry date.

11.3 Gift Vouchers can only be redeemed before the end of the ordering process. Subsequent accounting is not possible.

11.4 Only one Gift Voucher can be redeemed per order.

11.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

11.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.7 The credit of a Gift Voucher is neither paid out in cash nor interest-bearing.

11.8 The Gift Voucher is intended exclusively for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

12) Applicable Law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.