§ 1 Validity, definition of terms
(1) Shapes and Dreams – Torben Ratzlaff, Glindweg 27, 22303 Hamburg, Germany (hereinafter: “we” or “Shapes and Dreams”) operates an online shop for goods and digital goods on the website https://www.shapesanddreams.net. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. “Entrepreneur” 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, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of a contract apply to orders via our online shop at https://www.shapesanddreams.net.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:
- Selection of the desired goods, the digital goods,
- Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Into the shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To the order overview” or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and revocation policy,
- If the agreed quality of the goods deviates from their usual quality and usage requirements, confirmation of a negative quality agreement,
- Completion of the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the e-mail address provided.
(4) In the event of the conclusion of the contract, the contract is concluded with Shapes and Dreams – Torben Ratzlaff, Glindweg 27, 22303 Hamburg, Germany.
(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back” button of the browser). They can also be corrected by aborting the ordering process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) In our online shop is the subject of the contract:
- The sale of goods. You can find the specific goods offered on our article pages.
- The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our article pages.
(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually excluded, the functional updates and necessary security updates are also part of the contract.
(3) The essential characteristics of the goods and digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly pointed out in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
(4) For the sale of digital products, the License Agreements that can be viewed on the website and the restrictions that can be seen in the product description or otherwise result from the circumstances, in particular with regard to hardware and/or software requirements for the target environment, also apply. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the goods (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: [default_delivery_time_text] after receipt of payment).
(5) The following delivery area restrictions apply: Deliveries are made to the following countries: Germany.
§ 5 Updates, Updates, Consumer Responsibilities
(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually effectively excluded, the customer will be provided with regular updates that improve functionality and (IT) security of the purchased item (e.g. security updates against new security threats etc.).
(2) We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
(3) The period in which updates are provided depends on the type of item purchased and is explained in the item description.
(4) Consumers will be informed via e-mail about the provision of updates and about the proper installation of these.
(5) The customer is obliged to install provided updates properly according to the installation instructions.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 7 right of Revocation
As a consumer, you have a right of revocation. This is based on our revocation policy.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial losses attributable to this is limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.
(3) If the customer, when purchasing a good with digital elements or when purchasing digital products (digital content and services), fails to install within a reasonable time an update that has been provided to him and of the availability of which he has been informed, we shall not be liable for a material defect that is solely due to the lack of this update.
§ 9 contract language
The only contract language available is German.
§ 10 Warranty
(1) The warranty is based on the statutory provisions.
(2) In relation to entrepreneurs, the warranty period for delivered items is 12 months.
(3) As a consumer, you are asked to check the item/the digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
§ 11 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.