Terms of service
General terms and conditions with customer information
table of contents
Scope and Definitions
Conclusion of contract and withdrawal
Delivery and availability of goods
retention of title
prices and shipping costs
payment arrangements
Warranty against defects and guarantee
Warranty, liability and availability of the web shop
Right of withdrawal
privacy
choice of law
Jurisdiction / Online Dispute Resolution / Alternative Dispute Resolution
1. Scope, Definitions
1.1 is the web shop provider and contractual partner for sales via this web shop Ms. Melissa Hochemer, 13353, Berlin, who sells products and goods to consumers and entrepreneurs under the URL www.meleynastudios.com (hereinafter referred to as "supplier").
1.1 The following general terms and conditions apply exclusively to the business relationship between the provider and the customer (hereinafter referred to as “customer”) in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
1.2 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
1.3 You can use our offer either as a guest or as a registered customer. There is no entitlement to use.
Guest: When using as a guest, you must temporarily store the data required for the purchase and shipping process. The required data must be submitted completely and truthfully. After appropriate processing, the data will be deleted, provided there are no statutory storage requirements. With each subsequent purchase, you must enter your data again.
Registered user: Registration is free of charge. For admission, electronically fill out the registration form we offer and send it to us electronically. The data required for registration must be submitted completely and truthfully. Registration takes place by entering the e-mail address, first and last name, address and entering a password. However, if an additional user name is used in the future, this may not infringe the rights of third parties, other rights to a name or trademark, or public decency. You are obliged to keep your password secret. You can change or delete your entry at any time under "My user account". You are solely responsible for ensuring that your data is up to date.
2. Conclusion of Contract, Withdrawal
2.1 The customer can select products from the range of the provider, in particular art prints and ceramics, and collect them in a so-called shopping cart by clicking on the “Add to shopping cart” button. By clicking on the “Order with obligation to pay” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.
2.2 The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation ) is sent. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by the provider on a durable medium (e-mail or paper printout). ) sent (contract confirmation). Otherwise no purchase contract is concluded. Please check the SPAM folder of your e-mail inbox regularly. The text of the contract is not saved by us after the conclusion of the contract and otherwise not made accessible to the customer. No sales contract is concluded for products from one and the same order that cannot be sent to you or that are not listed in the declaration of acceptance.
2.3 If the purchase is to be processed via PayPal or Klarna (see Section 6 below), please follow the further menu navigation and observe the additional terms and conditions of PayPal or Klarna.
2.4 The contract is concluded in German. Any translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text takes precedence.
2.5 The provider expressly reserves the right to change prices, technical changes, errors, misprints or prior sale.
2.6 However, the provider is released from its obligation to perform under the purchase contract with you and can withdraw from the contract if it is not at fault and not only temporarily not supplied with the goods in question, although it has a reliable supplier (in particular a reliable printer). has placed congruent orders. In this case, the provider will inform you immediately about the non-availability of the ordered goods and refund the purchase price you paid immediately.
3. Delivery, Availability of Goods
3.1 The delivery times specified by the provider are calculated from the time of the order confirmation, provided the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods in the online shop, it depends on the goods 10-14 days. For international orders, the delivery time can be up to 40 days.
3.2 If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation.
3.3 If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.
3.4 The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany. Please note that orders shipped outside of the EU may be subject to import duties and taxes. If taxes, customs duties or fees are incurred when shipping to countries outside the EU, these must be paid by the customer.
4. Retention of Title
The delivered goods remain the property of the provider until full payment has been made.
5. Prices and shipping costs
5.1 All prices stated on the provider's website include the applicable statutory sales tax.
5.2 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of his/her right of withdrawal.
5.3 The goods are dispatched by post. The shipping risk is borne by the provider if the customer is a consumer. If the customer orders in the provider's web shop as an entrepreneur, the risk of accidental loss and accidental deterioration of the purchased item passes to the buyer as soon as the provider hands over the goods to the forwarding agent, carrier or other execution of the shipment delivered to a certain person or institution. § 447 paragraph 2 BGB remains unaffected.
5.4 In the event of a cancellation, the customer must bear the direct costs of the return shipment.
6. Payment Arrangements
6.1 The customer can pay by Paypal, credit card (MasterCard, Visa, Maestro) and invoice (Klarna).
PayPal: If payment is to be made via PayPal, select "PayPal" as the payment method before completing your order. Please then follow the further instructions during the purchase process or from "PayPal". Before finalizing your order, you will be asked to separate window asked by "PayPal" to initiate the payment. Once this payment process has been completed with "PayPal", complete the actual ordering process. As soon as "PayPal" reports receipt of payment, I will deliver your order. For more information about "PayPal" visit: https://www.PayPal.com/. In addition, the respective general terms and conditions of "PayPal" (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full) apply to the "PayPal" payment option, to which reference is hereby made.
Credit card (via "PayPal"): Before completing your order, select "Credit card (a service from PayPal)", whereby I only accept credit cards from MasterCard, Visa, Maestro. This payment option is processed via "PayPal". Please follow the further instructions in the shop or from "PayPal". Before the final completion of your order, you will be asked in a separate window by "PayPal" to initiate the payment, whereby your credit card will be charged by "PayPal" within 2 days after the order has been sent. Further information on credit card payments via PayPal can be found at: https://www.PayPal.com/de/webapps/mpp/PayPal-plus. In addition, the respective general terms and conditions of "PayPal" (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full) apply to the "PayPal" payment option, to which reference is hereby made.
Purchase on account (via "Klarna"): Before completing your order, select "Purchase on account (a service from Klarna)" as the payment method. Please follow the instructions for the purchase or from "Klarna". When purchasing on account, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm. The purchase price is only due 14 days after receipt of the goods and a corresponding invoice. You make a debt-discharging payment to "Klarna", while we remain your contact for the rest of the purchase process. This means that you transfer the invoice amount to the Klarna Bank AB account. The account details are shown on the invoice. Klarna's supplementary invoice terms can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
6.2 A registered customer can change the payment method stored in his/her user account at any time.
6.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay default interest of 5 percentage points above the base interest rate to the provider for the year.
6.4 The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
7. Warranty for Material Defects, Guarantee
7.1 The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.
7.2 There is only an additional guarantee for the goods delivered by the seller if this was expressly given in the order confirmation for the respective article.
8. Warranty, liability, availability of the web shop
8.1 The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
8.2 If the ordered goods are printed products or textiles, the following also applies: Any minor color deviations between the illustrations and the delivered goods are due to technical reasons and do not constitute a defect. In the case of textile products, no liability is assumed for defects that are due to a violation of the care instructions. Textiles should be washed and dried according to the care instructions before wearing.
8.3 Unless otherwise agreed, the statutory warranty period of 24 months from receipt of the goods applies to defects. For complaints by entrepreneurs, the limitation period for warranty claims on goods delivered by the supplier - except in the case of claims for damages - is 12 months from receipt. Claims for defects that the provider has fraudulently concealed expire within the regular limitation period.
8.4 The provider for intent and gross negligence. Furthermore, it is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer can regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. The same applies to breaches of duty by the Provider's vicarious agents. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
8.5 The provider is also not responsible for the constant and uninterrupted availability of the web shop. The above restrictions also apply in favor of vicarious agents, insofar as claims are asserted directly against them.
9. Cancellation policy
9.1 When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will provide information based on the statutory template below. The exceptions to the right of withdrawal are regulated in Section 9.2. A model cancellation form can be found in Section 9.3.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us (MELEYNASTUDIOS, 13353, Berlin, email: contact@meleynastudios.com ) a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract to revoke, to inform. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired
Consequences of revocation
If you withdraw from this contract, we will have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9.2 The right of withdrawal does not exist:
for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
9.3 The provider informs about the model cancellation form according to the legal regulation as follows:
withdrawal form
If you want to cancel the contract, please fill out this form and email it to contact@meleynastudios.com.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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