Terms & Conditions
§ 1 Scope of application, contract language
(1) These terms and conditions (T&Cs) apply to the contracts concluded via this online shop between you and us, COPENHAGEN STUDIOS GmbH, Hafenweg 46-48, D-48155 Münster; HRB 12893 – Local Court (Amtsgericht) Münster; VAT ID number: DE285609686,) represented by a managing director.
(2) The only language available for concluding a contract is German. Translations of these terms and conditions into other languages are provided for information purposes only. In the event of any discrepancies between the language versions, the German text shall prevail.
§ 2 Applicable law, mandatory consumer protection provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), if
“(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a state that is not a member of the European Union.”
If you have your habitual residence in a Member State of the European Union, German law also applies, without prejudice to the mandatory provisions of the state in which you have your habitual residence.
§ 3 Conclusion of contract
(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking the “Order with obligation to pay” button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services shown in the order summary. Immediately after you submit your order, you will receive an order confirmation, which does not yet constitute acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order and/or booking by separate email or dispatch the goods. Please check the spam folder of your email account regularly.
(3) In our online shop, you can select goods for purchase and/or services for booking by clicking on the corresponding button to place them in your shopping cart. If you wish to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting items in the shopping cart and entering all required order and address details in the following step, clicking the “Next” button opens a page summarizing the essential item details, including any applicable costs. Up to this point, you can correct your entries or withdraw from the contractual declaration. Only by subsequently clicking the “Order with obligation to pay” button is a binding offer within the meaning of paragraph 2 made.
§ 4 Correction notice
As part of the ordering process, you first place the desired goods or services in your shopping cart. There, you can change the desired quantity at any time or remove selected goods or services entirely. If you have placed goods or services in the cart, clicking the “Next” buttons will take you first to a page where you can enter your details and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct any input errors (e.g. regarding payment method, details or the desired quantity) by clicking “Edit” next to the relevant field. If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, once you click the confirmation button “Order with obligation to pay”, your declaration becomes binding within the meaning of § 3 para. 2 of these T&Cs.
§ 5 Storage of contract text
The contract terms, including details of the goods ordered and/or services booked, these General Terms and Conditions and the notice of right of withdrawal will be sent to you by email upon acceptance of the contract offer or with the notification thereof. We do not store the contract terms.
§ 6 Collection, storage and processing of your personal data
(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal details every time. Instead, you can simply log in to your customer account before or during an order using your email address and the password you freely chose when registering.
“(2) To process and complete an order, we need the following data from you:
– First and last name
– Email address
– Postal address”
(3) If you wish to create a customer account, we need the data mentioned in paragraph 2 as well as a password of your choice.
(4) We use the data you provide without your separate consent solely for the performance and processing of your order(s), e.g. for delivering goods to the address you provided. For payment by bank transfer, we also use your bank details to process the payment. Any further use of your personal data for advertising, market research or to tailor our offers to your needs requires your express consent. You have the option to give this consent before placing your order. This declaration of consent is entirely voluntary, can be accessed on our website and can be withdrawn by you at any time.
(5) The data you provide remains stored in your customer account until you delete it yourself. Beyond that, or if you order or book only as a guest without creating a customer account, we store your data only to the extent required by our tax and commercial law obligations.
(6) If your personal details change, you are responsible for updating them. All changes can be made online after logging in under “My Account”.
§ 7 Payment terms
The purchase price is due immediately upon ordering. Payment for goods is made by credit card (we use the “SSL” transmission method to encrypt your personal data) or PayPal.
§ 8 Retention of title
The goods remain our property until full payment has been made. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.
§ 9 Delivery terms
We deliver the goods in accordance with the arrangements made with you. Any shipping costs are listed in each product description and are shown separately by us on the invoice.
§ 10 Right of withdrawal
As a consumer, you have a right of withdrawal in accordance with the notice set out in the Appendix. A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their independent professional activity.
§ 11 Warranty for goods purchases
(1) If the goods purchased and delivered in our online shop are defective, you are entitled, within the framework of the statutory provisions, to demand subsequent performance, withdraw from the contract or reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims arising from defects that we have fraudulently concealed are subject to the regular limitation period.
(3) In addition, you are also entitled to rights arising from defects under a quality and/or durability guarantee, provided that we have expressly given such a guarantee in respect of the item sold in the individual case.
§ 12 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for negligent breach of obligations whose performance is essential to the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may regularly rely. In the latter case, however, we are liable only for foreseeable, contract-typical damage. We are not liable for slightly negligent breach of obligations other than those referred to in the preceding sentences.
The above exclusions of liability do not apply to injury to life, body and health. Liability under the German Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online sales system.
§ 13 Final provisions
(1) These terms and conditions are complete and final. To avoid ambiguity or disputes between the parties regarding the contract content agreed in each case, amendments and supplements to these terms and conditions should be made in writing.
(2) If you had your place of residence or habitual abode in Germany when concluding the contract and either have moved your residence out of Germany after we file a lawsuit, or your place of residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes is our company’s registered seat in Münster.
“(3) We would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court dispute resolution in accordance with Regulation (EU) No 524/2013. Details can be found in Regulation (EU) No 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr
Our email address is: customercare@copenhagenstudios.com.
Pursuant to § 36 VSBG (German Consumer Dispute Resolution Act), we would like to point out that we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.”
(4) Should individual provisions of this contract be invalid, the remainder of the contract shall not be affected.
Appendix
Consumer information and right of withdrawal notice, ,
If you order goods when visiting our online shop, we would like to draw your attention to the following:
(1) The only language available for concluding the contract is German. Translations into other languages are provided for information purposes only. In the event of any contradictions, the German text shall prevail.
(2) You can find the essential features of the goods and services we offer, as well as the validity period of time-limited offers, in the individual product descriptions within our online offering.
(3) The presentation of our goods does not constitute a binding offer on our part. Only your order of a product constitutes a binding offer under § 145 BGB (German Civil Code). If we accept this offer, we will send you an order confirmation by email or dispatch the goods. The sales contract between you and us is then concluded.
(4) You can identify any input errors when submitting your order at the final confirmation before checkout and correct them at any time before sending the order using the delete and change functions.
(5) Should the goods you ordered be unavailable, we reserve the right not to perform the service, in which case we will inform you immediately before the contract is concluded.
(6) The prices we state are final prices including taxes. Shipping costs are shown separately for each product and in the order summary.
(7) The purchase price is due immediately upon ordering. At your option, payment for goods is made by credit card (we use the “SSL” transmission method to encrypt your personal data) or PayPal.
“(8) We would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court dispute resolution in accordance with Regulation (EU) No 524/2013. Details can be found in Regulation (EU) No 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr
Our email address is: customercare@copenhagenstudios.com.
Pursuant to § 36 VSBG (German Consumer Dispute Resolution Act), we would like to point out that we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.”
(9) The data required to process the contract between you and us is stored by us and is accessible to you at any time. In this respect, we refer to the data protection provisions in our T&Cs.
(10) For all other matters, we refer to our General Terms and Conditions.
“COPENHAGEN STUDIOS GmbH,
(HRB 12893, Local Court (Amtsgericht) Münster),
Hafenweg 46-48, 48155 Münster
represented by the managing directors Johannes Rellecke or Julian Rellecke.”
(11) As a consumer, you have a right of withdrawal in accordance with the following notice:
RIGHT OF WITHDRAWAL NOTICE
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must inform us, COPENHAGEN STUDIOS GmbH, Hafenweg 46-48, D-48155 Münster, Tel: +49 251 59 06 46 86, email: customercare@copenhagenstudios.com, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by mail or an email). You may use the attached sample withdrawal form for this purpose, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notice of exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the standard low-cost delivery we offer), without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal from this contract. We will use the same means of payment you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may withhold the refund until we have received the goods back or you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods back before the 14-day period has expired.
We bear the cost of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their nature, characteristics and functioning.
ADDITIONAL NOTES
If you return the goods to us, we ask that you use the original packaging, where still available.