Terms of service

§1 Scope and general information

General Terms and Conditions and consumer information relating to sales contracts concluded via the online shop between Schmückstück – hereinafter referred to as the “Supplier” – and the customer – hereinafter referred to as the “Customer”.

§2 Conclusion of Contract

(1) All offers in the Provider’s online shop constitute merely a non-binding invitation to the Customer to submit a corresponding purchase offer to the Provider. As soon as the Provider has received the Customer’s order, the Customer will first receive confirmation of receipt of their order from the Provider, usually by email (order confirmation). This does not yet constitute acceptance of the order. Upon receipt of the order, the Supplier will review it promptly and inform the Customer within 2 working days whether the order is accepted (order confirmation). No contract is concluded if the Customer does not receive an order confirmation within 2 working days. The ordering process in the Supplier’s online shop works as follows:

(2) The customer may select products from the provider’s range and add them to a so-called shopping basket. By clicking the “Check Out” button, they submit a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer may view and amend the details at any time.

(3) The provider shall then send the customer a confirmation of receipt by email, in which the customer’s order is listed once again. The automatic confirmation of receipt merely documents that the provider has received the customer’s order and does not constitute acceptance of the application. The contract is only concluded upon the provider’s issuance of a declaration of acceptance, which is sent in a separate email.

§3 Subject Matter of the Contract, Quality, Availability of Goods

(1) The subject matter of the contract comprises the goods and services specified by the customer in the order and listed in the order confirmation, at the final prices stated in the online shop. Errors and omissions are reserved, in particular regarding the availability of goods.

(2) The nature of the goods ordered is set out in the product descriptions in the online shop. Images on the website may not accurately represent the products; in particular, colours may vary significantly due to the properties of the materials used. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance specifications are stated as precisely as possible, but may be subject to the usual variations. The characteristics described here do not constitute defects in the products supplied by the Supplier.

(3) If no stock of the product selected by the customer is available at the time of the customer’s order, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded.

(4) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

§4 Prices, payment methods and terms

(1) You can pay for goods from our online shop via Shopify Payments either by prepayment, Klarna, PayPal or major credit cards. If you select prepayment, we will provide you with an order confirmation containing an overview of your ordered items as well as our bank details, and we will dispatch the items upon receipt of payment. If you select any of the other payment methods, payment for the items is made immediately after the ordering process. Goods are generally dispatched within the specified delivery times for the respective product (standard 1–3 days).

(2) Unless otherwise stated in the Seller’s offer, the prices quoted are final prices that include statutory VAT (not applicable to the dealer portal). Any additional delivery and shipping costs will be specified separately during the ordering process.

(3) For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers via financial institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties).

(4) Goods are generally delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address specified in the seller’s checkout process is decisive.

(5) If the carrier returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the seller had notified them of the service a reasonable time in advance.

(6) Collection in person is not possible for logistical reasons.

§5 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§6 Liability for defects

Statutory rights regarding liability for defects apply to our goods.

§7 Limitation of liability

(1) Claims by the customer for damages are excluded. This does not apply to claims for damages arising from injury to life, limb or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents.

(2) In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the Provider shall only be liable for foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, limb or health.

(3) Essential contractual obligations within the meaning of paragraph 1 are those for which fulfilment is essential to the proper performance of the contract and on the observance of which the customer may regularly rely.

(4) The limitations set out in paragraphs 1 and 2 shall also apply in favour of the Provider’s legal representatives and vicarious agents where claims are asserted directly against them.

(5) The provisions of the Product Liability Act remain unaffected.