AGB

General terms and conditions of business

General terms and conditions of the Creepygarden, Martin Dumpich online shop/rental

1. Scope

The following terms and conditions apply to all orders via our online shop/rental (hereinafter referred to as online shop). Our online shop is aimed exclusively at consumers.

A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An 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.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with CreepyGarden, Martin Dumpich.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language(s) available for concluding the contract: German

We save the contract text and send you the order data and our general terms and conditions in text form.

4. Delivery conditions

In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the offers.

You generally have the option of picking up from CreepyGarden, Martin Dumpich, Im Rühmt 1A, 22147 Hamburg, Germany during the business hours specified below: by arrangement

5. Payment

According to Section 19 Paragraph 1 UStG, no sales tax is charged.

The following payment methods are generally available to you in our shop:

SEPA direct debit scheme
By submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is any business day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal and authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

Cash on pickup
You pay the invoice amount in cash upon collection.

6. Retention of title

The goods remain our property until full payment.

7. Transport damage

If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

8. Warranty and guarantees

8.1 Liability for defects

The statutory liability law for defects applies.

8.2 Warranties and customer service

Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

8.3 Instructions for use

The customer undertakes to observe the operating instructions and usage instructions that may be included with the merchandising products in order to ensure proper and safe use of the merchandising products. Please wash printed textiles at max, 30°C, with mild detergent and turned inside out. Furthermore, pay attention to the labeling of the respective textile. Improper or improper use excludes claims for defects if the defect is based on this.

9. Revocation

Creepygarden, Martin Dumpich grants the customer, who is a consumer, the statutory right of withdrawal in distance selling (according to Appendix 1 to Article 246a § 1 Paragraph 2 Sentence 2 EGBGB):

Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods or, in the case of a contract for several goods that the consumer orders as part of a single order and which are delivered separately, the day on which you or a third party named by you who is not the carrier took possession of the last goods or, in the case of a contract for the delivery of goods in several partial shipments or Pieces, the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece.

The right of withdrawal is excluded 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 that are clearly tailored to the personal needs of the consumer, for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery. An unsealing occurs when there is a corresponding note on the protective film of data carriers that opening the protective film is to be viewed as such an unsealing. Furthermore, the right of withdrawal is excluded for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. Finally, your right of withdrawal is excluded for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, delivery of food and drinks.

To exercise your right of withdrawal, you must contact us:

CreepyGarden, Martin Dumpich

In Boasts 1A

22147 Hamburg

shop@creepygarden.de

inform you about your decision to withdraw from this contract by means of a clear statement (e.g. email). You can use the sample cancellation form in the appendix for this purpose, although this is not mandatory.

If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we will use the same payment method that you used for the original transaction; under no circumstances will you be charged any fees for this repayment. It is hereby agreed that we may choose another type of repayment if this does not incur any additional costs for you. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must send the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract:

CreepyGarden, Martin Dumpich

In Boasts 1A

22147 Hamburg
Germany

to return or hand over. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10. Liability

We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, body or health,

in the event of intentional or grossly negligent breach of duty,

in the case of guarantee promises, if agreed, or

as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides an online dispute resolution (OS) platform that you here find. Consumers have the opportunity to use this platform to resolve their disputes.

In order to resolve disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The Out-of-Court Dispute Resolution Board for Consumers and Entrepreneurs, Hohe Straße 11, D-04107 Leipzig, is responsible. www.streitbeilementsstelle.org. We will take part in a dispute resolution procedure before this body.

12. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure including personal identity and age verification to ensure that the purchaser has reached the required minimum age. The delivery person only hands over the goods after the age has been verified and only to the customer personally. In this case, delivery to packing stations is not possible.

13. Rental of decorations/props

13.1 Rental Agreement

A rental agreement is only concluded when the customer has paid a deposit of 50% of the planning amount. The rental period begins when the rented items are handed over. The rental agreement ends when the rented items are returned.

13.2 Prices

Unless otherwise stated, our prices are per piece and rental unit (= 1 day). All prices apply to self-collection. According to Section 19 Paragraph 1 UStG, no sales tax is charged.

13.3 Deposit

If necessary, a deposit of up to 100.00 euros will be charged, which will be paid back by the landlord once the rented items have been returned and checked in full and in perfect condition.