Table of Contents

1. Scope and Applicability

2. Formation of Contract

3. Return and Refund Policy

4. Prices and Payment Terms

5. Shipping and Fulfillment

6. Digital Content – License Grant

7. Reservation of Title

8. Limited Warranty and Warranty Disclaimer

9. Limitation of Liability

10. Custom and Print-on-Demand Orders

11. Governing Law and Jurisdiction

12. Dispute Resolution / Arbitration

13. Additional Provisions

 

1. Scope and Applicability

1.1 These Terms and Conditions of Sale (hereinafter "Terms") of Florian Geisinger, operating under the trade name "Florian Geisinger Digital Creation" (hereinafter "Seller"), govern all transactions for the purchase of physical goods and digital content concluded through the Seller’s online store. By placing an order, the customer (hereinafter "Customer") agrees to be bound by these Terms in their entirety. Any deviating, conflicting, or supplementary terms and conditions of the Customer shall not apply unless the Seller has expressly consented to them in writing.

1.2 These Terms apply to both consumer and commercial buyers. Where specific provisions distinguish between consumers and business customers, the applicable provision is identified accordingly.

1.3 A "consumer" within the meaning of these Terms is any individual who enters into a transaction primarily for personal, family, or household purposes, and not for business or commercial use.

1.4 A "business customer" is any individual, corporation, partnership, or other legal entity that enters into a transaction in the course of its trade, business, craft, or profession.

1.5 These Terms apply equally to contracts for the supply of digital content, unless otherwise expressly provided herein. "Digital content" means any data created and provided in digital form.

2. Formation of Contract

2.1 Product listings, descriptions, and pricing displayed in the Seller’s online store are invitations to offer and do not constitute binding offers by the Seller.

2.2 The Customer submits a binding purchase offer by adding items to the virtual shopping cart, completing the checkout process, and clicking the final order confirmation button. By doing so, the Customer makes a legally binding offer to purchase the selected items.

2.3 The Seller may accept the Customer’s offer within five (5) business days, by one of the following methods:

–      Sending a written or electronic order confirmation to the Customer; acceptance occurs upon delivery of such confirmation to the Customer;

–      Shipping the ordered goods to the Customer; acceptance occurs upon dispatch;

–      Requesting payment from the Customer following receipt of the order.

A binding contract is formed at the moment the first of these events occurs. If the Seller does not accept the offer within the stated period, the offer is deemed rejected and the Customer is released from any obligation.

2.4 Where the Customer selects a PayPal-based payment option at checkout, payment processing is handled by PayPal, Inc., 2211 North First Street, San Jose, CA 95131, USA, subject to PayPal’s then-current User Agreement. In such cases, the Seller’s acceptance of the Customer’s offer is effective upon the Customer clicking the final order confirmation button.

2.5 Where the Customer selects "Amazon Pay" as the payment method, payment is processed by Amazon Payments, Inc., 410 Terry Avenue North, Seattle, WA 98109, USA, under Amazon’s then-current payment terms. Clicking the order confirmation button simultaneously triggers the payment authorization, and the Seller’s acceptance is effective at that moment.

2.6 Upon conclusion of the contract, the Seller will store the contract text and transmit it to the Customer via email. The Seller does not otherwise make the contract text separately accessible. Customers who have created an account may retrieve their order history through their password-protected account portal.

2.7 The Customer may correct any input errors before submitting the final order by using standard browser and keyboard navigation within the checkout interface.

2.8 These Terms and all contract communications are conducted in English.

2.9 Order processing and customer communications occur primarily via email and automated order management systems. The Customer is responsible for ensuring that the email address provided is accurate and capable of receiving messages from the Seller, and that such messages are not filtered as spam.

3. Return and Refund Policy

3.1 The United States does not provide a universal statutory right of withdrawal for online purchases. However, the Seller voluntarily offers the following return and refund policy, which may be more generous than applicable state law requires.

3.2 Standard (non-customized) goods may be returned within thirty (30) days of the delivery date, provided they are in their original, unused, and resalable condition. The Customer must initiate a return by contacting the Seller via the contact information provided in the online store. Return shipping costs are the Customer’s responsibility unless the item was defective or the Seller shipped an incorrect item.

3.3 Custom-printed, personalized, or made-to-order items produced through the Seller’s fulfillment partner Contrado are non-returnable and non-refundable, except in cases where the product is defective, damaged in transit, or materially differs from the confirmed order specifications. In such cases, the Customer must notify the Seller within fourteen (14) days of delivery and provide photographic evidence of the defect or damage.

3.4 Digital content, once accessed or downloaded, is non-refundable unless it is materially defective and the defect cannot be remedied by the Seller within a reasonable time.

3.5 Refunds approved by the Seller will be processed to the Customer’s original payment method within ten (10) business days of confirmation. The Seller reserves the right to refuse returns that do not comply with these conditions.

3.6 Nothing in this Section limits any rights available to the Customer under applicable state consumer protection laws.

4. Prices and Payment Terms

4.1 All prices shown in the online store are in U.S. Dollars (USD) and represent the total price for the item(s) as listed. Applicable shipping and handling fees are displayed separately during the checkout process prior to order confirmation.

4.2 Sales tax: The Seller collects and remits sales tax where required by applicable state and local law. The applicable sales tax will be calculated and displayed during checkout based on the shipping destination. Tax obligations are determined in compliance with the economic nexus standards established by South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018), and subsequent state legislation.

4.3 Available payment methods are displayed within the online store at the time of purchase.

4.4 Where payment is processed through "Shopify Payments," the technical processing is handled by Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA. The Seller may offer additional payment methods through Stripe’s platform, each subject to its own terms as communicated to the Customer during checkout. Further information regarding Shopify Payments is available at https://www.shopify.com/legal/terms-payments-us.

4.5 Payment is due at the time of order unless otherwise agreed in writing. The Seller reserves the right to cancel any order for which payment is not received or is reversed after processing.

5. Shipping and Fulfillment

5.1 The Seller ships to addresses within the United States and, where indicated in the store, to select international destinations. The shipping address provided by the Customer during checkout is controlling.

5.2 The Seller partners with Contrado Imaging Ltd. (hereinafter "Contrado") for the production and fulfillment of print-on-demand orders. Estimated production and shipping timeframes are provided in the product listings and are non-binding estimates. Actual delivery times may vary based on production queue, carrier schedules, and unforeseen circumstances.

5.3 Risk of loss and title to goods passes to the Customer upon delivery to the Customer’s designated shipping address, as confirmed by the carrier’s delivery record. For business customers, risk of loss passes upon tender of goods to the carrier.

5.4 If delivery is unsuccessful due to circumstances attributable to the Customer (e.g., incorrect address, failure to retrieve package), the Customer bears the cost of re-shipment. This does not apply where the Customer has initiated a valid return pursuant to Section 3.

5.5 If Contrado is unable to fulfill an order due to circumstances beyond the Seller’s control, and the Seller has exercised reasonable efforts to procure fulfillment, the Seller reserves the right to cancel the affected order. The Customer will be promptly notified, and any payment received will be refunded in full.

5.6 In-store or warehouse pickup is not available.

5.7 Digital content is delivered to the Customer via one or more of the following methods:

–      Direct access through the Seller’s website

–      Downloadable file link

–      Delivery via email

6. Digital Content – License Grant

6.1 Unless the product listing expressly states otherwise, the Seller grants the Customer a limited, non-exclusive, non-transferable, worldwide license to use the purchased digital content solely for the Customer’s personal, non-commercial purposes.

6.2 The Customer may not sublicense, sell, resell, transfer, distribute, reproduce, or create derivative works from the digital content without the Seller’s prior written consent.

6.3 For transactions involving a one-time delivery of digital content, the license becomes effective only upon receipt of full payment. Any preliminary access granted before full payment does not constitute a transfer of rights.

6.4 All digital content remains the intellectual property of the Seller or its licensors. Nothing in these Terms transfers ownership of any intellectual property to the Customer.

7. Reservation of Title

Where the Seller delivers goods prior to receiving full payment, the Seller retains legal title to the delivered goods until payment in full is received. To the extent permitted by applicable law, this reservation of title is effective against the Customer’s creditors and successors.

8. Limited Warranty and Warranty Disclaimer

8.1 Limited Warranty for Physical Goods. The Seller warrants that physical goods will be free from material defects in materials and workmanship for a period of thirty (30) days from the date of delivery. If a defect covered by this warranty is discovered within that period, the Seller will, at its discretion, repair or replace the defective item, or issue a refund.

8.2 Custom and Print-on-Demand Products. For products produced by Contrado to Customer specifications, the warranty is limited to production defects and material non-conformance with the confirmed order. Variations in color, texture, or appearance that are inherent to the print-on-demand process do not constitute defects.

8.3 Digital Content. The Seller warrants that digital content will materially conform to the description provided in the product listing at the time of purchase.

 

9. Limitation of Liability

9.1 The Seller is liable without limitation for damages caused by intentional misconduct or gross negligence, for bodily injury, death, or harm to health caused by the Seller’s negligence, and for claims arising under applicable product liability statutes.

9.2 For other negligence claims, the Seller’s liability is limited to direct, foreseeable damages not exceeding the total amount paid by the Customer for the specific order giving rise to the claim.

 

 

9.4 These liability provisions apply equally to the Seller’s employees, agents, and subcontractors, including Contrado as fulfillment partner.

10. Custom and Print-on-Demand Orders

10.1 Where the Customer orders goods to be produced by Contrado based on Customer-supplied specifications, the Customer must provide all required content (including text, images, graphics, and design files) in the formats and technical specifications designated by the Seller. The Customer is solely responsible for obtaining all rights necessary to use and reproduce such content.

10.2 By submitting content for production, the Customer represents and warrants that: (a) the Customer owns or holds valid licenses to all submitted content; (b) the use of such content by the Seller and Contrado in fulfilling the order does not and will not infringe any third-party copyright, trademark, right of publicity, privacy right, or other intellectual property or proprietary right; and (c) the content complies with all applicable federal, state, and local laws.

10.3 The Customer agrees to indemnify, defend, and hold harmless the Seller and Contrado and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of the representations in Section 10.2 or any infringement of third-party rights through the use of Customer-supplied content.

10.4 The Seller and Contrado reserve the right to decline any order where the submitted content violates applicable law, infringes third-party rights, or is deemed offensive, including but not limited to content that is defamatory, obscene, harassing, discriminatory, incites violence, or is otherwise unlawful.

11. Governing Law and Jurisdiction

11.1 These Terms and any dispute arising out of or relating to them or any transaction governed by them shall be construed in accordance with and governed by the laws of the State of [INSERT STATE], without regard to its conflict-of-laws principles.

11.2 Subject to Section 12 (Dispute Resolution), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [INSERT COUNTY/DISTRICT], [INSERT STATE] for the resolution of any disputes not subject to arbitration.

11.3 For consumer transactions, nothing in these Terms deprives any consumer of mandatory rights under the laws of their state of residence.

12. Dispute Resolution / Binding Arbitration

12.1 Informal Resolution. Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally. The Customer must send a written notice describing the dispute to the Seller’s contact address. The Seller will respond within thirty (30) days. If the dispute is not resolved within sixty (60) days, either party may initiate arbitration as described below.

12.2 Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or any purchase hereunder that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules (for consumer transactions) or Commercial Arbitration Rules (for business transactions), available at www.adr.org. Arbitration shall take place in [INSERT STATE], unless otherwise agreed. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

12.4 Small Claims Exception. Either party may bring claims in a small claims court of competent jurisdiction in lieu of arbitration, provided the claim qualifies under that court’s rules.

12.5 Opt-Out Right. A consumer Customer may opt out of binding arbitration by sending written notice to the Seller within thirty (30) days of first agreeing to these Terms. Opting out does not affect any other provision of these Terms.

13. Additional Provisions

13.1 CAN-SPAM / Electronic Communications

All commercial email communications from the Seller comply with the CAN-SPAM Act of 2003. Transactional and relationship emails related to the Customer’s order are not subject to opt-out requirements; however, marketing communications include an unsubscribe mechanism in every message.

13.2 California Consumer Privacy (CCPA / CPRA)

Customers who are California residents have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal data is collected, the right to request deletion, and the right to opt out of the sale or sharing of personal information. Please refer to the Seller’s Privacy Policy for details.

13.3 Children’s Online Privacy (COPPA)

The Seller’s online store is not directed at children under the age of 13, and the Seller does not knowingly collect personal information from children under 13. If the Seller becomes aware that personal data has been collected from a child under 13, it will be promptly deleted.

13.4 Entire Agreement

These Terms, together with any order confirmation and the Seller’s Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, or representations.

13.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.6 Waiver

Failure by the Seller to enforce any provision of these Terms shall not constitute a waiver of the Seller’s right to enforce that or any other provision in the future.

13.7 Contact Information

For questions regarding these Terms, returns, orders, or any other inquiry, please contact:

Florian Geisinger Digital Creation

Email: floriangeisinger@gmail.com

 

Last updated 05/05/2026