Terms and Conditions

with Customer Information

Table of Contents

1. Scope

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Conditions

6. Granting of Usage Rights for Digital Content

7. Retention of Title

8. Liability for Defects (Warranty)

9. Liability

10. Special Conditions for Order Processing according to Customer Specifications

11. Applicable Law

12. Alternative Dispute Resolution

 

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Florian Geisinger, operating under the name "Florian Geisinger Digital Creation" (hereinafter "Provider"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Provider via the Provider's online shop. Deviating conditions of the Customer are not recognized unless the Provider has expressly agreed to their validity in writing.

1.2 These GTC apply mutatis mutandis to contracts for the provision of digital content, unless expressly stated otherwise. Digital content within the meaning of these GTC includes all content generated and provided in electronic form.

1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 Product presentations in the Provider's online shop are non-binding and do not constitute offers; they merely invite the Customer to submit their own binding offer.

2.2 The Customer submits their contract offer via the online order form. To do this, they place the desired goods in the virtual shopping cart, go through the ordering process, and finally click the order button, thereby submitting a legally binding offer.

2.3 The Provider can accept the Customer's offer within five days by:

–      sending a written or text-based order confirmation (fax or email); the receipt by the Customer is decisive,

–      delivering the ordered goods to the Customer; the receipt of the goods is decisive,

–      requesting payment from the Customer after receipt of the order.

The contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period begins on the day after the Customer sends the order and ends at the expiry of the fifth following day. If no acceptance occurs within this period, the offer is deemed rejected; the Customer is no longer bound.

2.4 If the Customer chooses a payment method offered via PayPal, the payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the current PayPal terms of use. In this case, the Provider declares acceptance of the offer at the same time as the Customer clicks the final order button.

2.5 If the "Amazon Payments" payment method is chosen, Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, processes the payment under the Amazon Payments Europe terms of use. The order button simultaneously triggers the payment order; the Provider declares acceptance of the offer at this moment.

2.6 After the contract is concluded, the Provider stores the contract text and transmits it to the Customer in text form (e.g., by email). No further access is provided. Customers with a user account can view their order data online at any time, protected by a password.

2.7 Input errors can be corrected during the ordering process by using the usual keyboard and mouse functions until the final order confirmation. The browser's zoom function also makes it easier to detect errors.

2.8 The contract is concluded exclusively in German.

2.9 Communication regarding order processing usually takes place electronically. The Customer is responsible for ensuring that their specified email address is correct and that emails from the Provider are not blocked by spam filters.

3) Right of Withdrawal

3.1 Consumers have a statutory right of withdrawal.

3.2 The specific conditions and exercise of the right of withdrawal are governed by the Provider's withdrawal policy, which is provided separately to the Customer.

4) Prices and Payment Terms

4.1 All prices stated in the online shop are final prices. No separate sales tax is shown, as the Provider is exempt from sales tax under § 19 UStG as a small business owner. Any delivery and shipping costs incurred are shown separately in the respective product descriptions.

4.2 The available payment methods are displayed to the Customer in the online shop.

4.3 If the Provider offers payments via the "Shopify Payments" service, the technical processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The specific payment options available are communicated to the Customer during the ordering process. Stripe may engage further service providers for payment processing, whose differing terms and conditions may be specifically pointed out to the Customer. Information on Shopify Payments can be found at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Provider offers shipping, the goods will be shipped within the specified delivery area to the delivery address provided by the Customer in the order process.

5.2 If a delivery cannot be delivered for reasons attributable to the Customer, the Customer bears the costs incurred by the Provider for the return transport. This does not apply if the Customer has effectively exercised their right of withdrawal; in this case, the cancellation policy applies to the return costs.

5.3 For entrepreneurs, the risk of accidental loss or accidental deterioration of the goods passes to the Customer as soon as the Provider has handed over the goods to the forwarder, carrier, or any other shipping person. For consumers, the transfer of risk generally only takes place with the actual handover of the goods to the Customer or an authorized recipient. Deviating from this, the transfer of risk already takes place upon handover to the shipping company if the consumer has commissioned the shipping service provider themselves and this was not known to the Provider.

5.4 The Provider collaborates with Contrado Imaging Ltd. (hereinafter "Contrado") as a manufacturing and shipping partner for the production and fulfillment of orders. If Contrado cannot or cannot fully provide the agreed service despite the Provider's proper procurement efforts, and the Provider is not responsible for this, the Provider is entitled to withdraw from the contract. In this case, the Customer will be informed immediately, and any purchase price already paid will be refunded immediately.

5.5 Self-collection of orders is not possible for operational reasons.

5.6 Digital content is provided to the Customer via one or more of the following methods:

–      Direct access via the Provider's website

–      Download link

–      Transmission by email

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the product description in the online shop, the Provider grants the Customer a simple, temporally and locally unlimited right of use for the provided digital content for exclusively private use.

6.2 The transfer of content to third parties and the creation of copies for third parties is prohibited, unless the Provider has expressly agreed to a license transfer in writing.

6.3 For contracts concerning the one-time provision of digital content, the granting of rights only becomes effective upon full payment. A provisional permission to use by the Provider before this time does not establish a definitive transfer of rights.

7) Retention of Title

If the Provider makes advance payment, it retains title to the delivered goods until full payment of the purchase price.

8) Liability for Defects (Warranty)

Unless otherwise stipulated below, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer is an entrepreneur:

–      The Provider has the right to choose the type of supplementary performance.

–      The limitation period for claims for defects in new goods is one year from the handover of the goods.

–      Claims for defects for used goods are excluded.

–      A replacement delivery within the scope of the warranty does not trigger a restart of the limitation period.

8.2 The above limitations do not apply to:

–      Customer's claims for damages and reimbursement of expenses,

–      maliciously concealed defects,

–      goods that have been installed into a building in accordance with their usual use and have caused its defectiveness,

–      the Provider's obligation to provide updates for goods with digital elements.

8.3 For entrepreneurs, the statutory limitation periods for any recourse claims remain unaffected.

8.4 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If they fail to give timely notice of defects, the goods are deemed approved.

8.5 Consumers are requested to immediately report visible transport damage to the deliverer and inform the Provider. Failure to do so does not affect the Customer's statutory or contractual claims for defects.

9) Liability

The Provider is liable for the Customer's claims for damages and reimbursement of expenses as follows:

9.1 Unlimited liability exists for:

–      intent or gross negligence,

–      intentional or negligent injury to life, limb, or health,

–      the provision of a guarantee, unless otherwise agreed,

–      mandatory statutory liability, particularly under the Product Liability Act.

9.2 In the event of negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on which the Customer regularly relies.

9.3 Any further liability of the Provider is excluded.

9.4 The aforementioned liability regulations apply accordingly to the Provider's liability for its vicarious agents and legal representatives.

10) Special Conditions for Order Processing according to Customer Specifications

10.1 If it is contractually agreed that the Provider will have goods manufactured according to the Customer's individual specifications by its manufacturing partner Contrado, the Customer must provide all necessary content (texts, images, graphics, etc.) in the formats and specifications specified by the Provider and grant the necessary usage rights. The Customer is solely responsible for procuring this content and the necessary rights. They warrant that they are entitled to use and transfer the content and ensure that no third-party rights – particularly copyrights, trademark rights, or personal rights – are infringed.

10.2 The customer shall indemnify the provider against all claims by third parties arising from an infringement of their rights through the contractual use of content provided by the customer. The customer shall also bear the costs of a necessary legal defense in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, fully and truthfully provide the provider with all information necessary for examining and defending against the claims.

10.3 The provider reserves the right to reject processing orders if the content provided violates legal or official prohibitions or public morality. This applies in particular to unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors or glorifying violence content.

11) Applicable law

All legal relations between the provider and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall only apply insofar as the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12) Alternative dispute resolution

The provider is not legally obliged to participate in dispute resolution proceedings before

consumer arbitration bodies but is generally willing to do so.