1.1 These General Terms and Conditions apply to all contracts, deliveries, and other services provided by the company BeastLabs Suits&Crafts by Nadine Kirchner and Martin Köhn GbR (hereinafter referred to as "Provider") to a consumer or entrepreneur (hereinafter referred to as "Customer") within the scope of their online and offline offerings, especially also on marketplace offerings on amazon.de.
1.2 The Provider expressly opposes the inclusion of any Customer conditions unless the parties agree in writing to a different arrangement.
1.3 An entrepreneur within the meaning of these conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their commercial or independent professional activity.
2. Service Descriptions
2.1 The scope and functionality of the products are determined by the service description valid at the time of contract conclusion.
2.2 Currently, the Provider offers the following:
Manufacture of costumes, costume parts, and semi-finished products for the production of costumes and costume parts according to customer specifications
Services related to costumes (cleaning, repair)
Sale of accessories and decorative items
Textile finishing through embroidery, etc.
2.3 Insofar as the Provider provides voluntary and free services and benefits for the Customer beyond the contractual content, these can be discontinued at any time without notice. Discontinuation does not give rise to a claim for reduction, refund, or compensation. A service is only not voluntary within the meaning of this provision if it was explicitly included in the product and service description.
2.4 Regarding colors specified by the Customer as a template for the production of materials, these are only to be understood as a guideline. Minor deviations are always to be expected and do not entitle to complaints. Even with standard items ordered from a color chart, there may be slight color deviations that do not justify a complaint.
2.5 The key figures for material properties listed in the respective description are guide values and not guaranteed properties. For example, slight percentage deviations may occur in the composition of different materials, which do not justify a complaint. Furthermore, due to the craftsmanship, slight, minimally visible adhesive residues may remain or seams may appear uneven; this does not constitute a defect, but an agreed characteristic of the product.
3. Offer and Conclusion of Contract
3.1 A contract is usually concluded by the Customer making a binding offer to purchase or order the service, and the Provider accepting this offer.
3.2 Offers via the online shop
3.2.1 The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalog.
3.2.2 When purchasing through the online shop, a purchase contract is concluded by the acceptance of the Customer's order by the Provider. The Customer places the desired goods in the shopping cart by clicking the "Add to cart" button. In the shopping cart, the Customer can correct their entries before proceeding to enter the address and select the payment methods by clicking the "Proceed to checkout" button. Only by clicking the "Order with obligation to pay" button does the Customer submit a binding order for the goods in the shopping cart. Before submitting the order bindingly, the Customer can continuously correct all entries. In addition, all entries are displayed again before entering the payment modalities and before submitting the order bindingly. The receipt and acceptance of the order are confirmed to the Customer by email.
3.3 Offers via email
3.3.1 Should the online shop be unavailable or the order processing via this not possible, the Customer has the option to also order the goods directly via email from the Provider.
3.3.2 The contract is concluded by the Customer making a binding offer to purchase or order the service, and the Provider accepting this offer or if the customer has specific specification requests including sketches, after the Provider has sent the customer an individual offer to which he is bound for 6 weeks, and which the customer can accept by explicit acceptance declaration.
3.4 Offers via amazon.de
3.4.1 The Amazon terms and conditions apply to the conclusion of the contract. In addition, the following applies:
3.4.2 By listing an item through the online shop, the Provider makes a binding offer to conclude a contract for this item. The customer can complete the order process either through the shopping cart or the 1-Click function.
3.4.2.1 When ordering via the shopping cart, the customer can initially place the Provider’s items in the shopping cart non-bindingly and correct their inputs at any time before sending the binding order by utilizing the correction options provided in the order process. The contract is concluded by the customer accepting the offer regarding the items contained in the shopping cart by clicking the order button.
3.4.3 When ordering via the 1-Click function, the customer places their order without going through the shopping cart and thus accepts the offer for the items. By clicking the "Buy now with 1-Click" button, an order is automatically created, which is sent to the customer's specified delivery address and paid for with the specified payment method. The customer can review and change their 1-Click settings at www.amazon.de/gp/css/account/address/view.html. In addition, the customer has the option to change or cancel their 1-Click orders within 30 minutes.
3.4.4 Immediately after sending the order, the customer receives a confirmation by email.
3.5 With the order confirmation, the Provider sends the customer the contract text along with these terms and conditions including the cancellation policy. The contract text is stored by the Provider. On the marketplace amazon.de, the customer only has the option to view their last orders.
4. Prices and Payment Methods
4.1 The agreed prices apply. These are inclusive of VAT but exclusive of shipping and packaging costs, which will be disclosed to the customer beforehand.
4.2 Delivery is possible worldwide, with the exception of countries for which (temporary) export restrictions exist.
4.3 The following payment options are available to the customer:
4.3.1 Prepayment: The customer is provided with the bank details in the order confirmation. The dispatch of the goods takes place after receipt of payment. The prepayment invoice is due for payment immediately, unless another due date is specified in the offer.
4.3.2 Paypal: During the ordering process, the customer is redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, the customer must be registered there or first register, legitimize with their access data, and confirm the payment instruction to the Provider. After placing the order in the shop, the Provider requests PayPal to initiate the payment transaction. The customer receives further instructions during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
4.3.3 SumUp: On-site, the Provider offers payment with SumUp. Further information on handling user data can be found in the SumUp privacy policy at: sumup.de/datenschutzbestimmungen.
4.3.4 Credit card or direct debit: For purchases via amazon, the customer also has the option to pay by credit card or direct debit. Payment processing is carried out by amazon. The customer's account will only be charged after the goods have been dispatched. Amazon forwards the payment to the Provider without the Provider receiving the payment data of the customer. Further information can be obtained from the conditions for using the amazon.de Marketplace.
4.4 If the customer falls into arrears with his payment obligations, the Provider can demand compensation according to the legal provisions and / or withdraw from the contract.
4.5 The Provider always issues an invoice to the customer, which is sent to him upon delivery of the items or otherwise in text form.
5. Delivery and Transfer of Risk
5.1 Unless otherwise contractually agreed, the ordered goods are delivered to the address specified by the customer. The delivery is made directly through the Provider's suppliers. The Provider reserves the right to make a partial delivery if this seems advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
5.2 The Provider delivers exclusively by dispatch. Self-collection of the items is possible in individual cases.
5.3 The availability of the individual items is indicated in the item descriptions. Unless stated otherwise in the item description, the items are shipped, as a rule, within 2 to 3 weeks after contract conclusion (in case of prepayment by transfer: 2 to 3 weeks after instruction of the payment by the customer). For individually manufactured products, processing and shipping times are coordinated individually with the customer, as materials sometimes need to be procured and sometimes more than 100 working hours are required for production.
5.4 The Provider reserves the right to withdraw from the obligation to fulfill the contract if the goods to be delivered by a supplier on the day of delivery do not arrive in whole or in part. This self-supply reservation only applies if the Provider is not responsible for the non-delivery. The Provider is not responsible for the absence of performance as long as a so-called congruent covering transaction for fulfilling the contractual obligations was concluded in time with the supplier. If the goods are not delivered, the Provider will immediately inform the customer about this circumstance and refund a possibly already paid purchase price as well as shipping costs.
5.5 The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the carrier, the freight forwarder, or the person otherwise intended to carry out the shipment upon delivery of the goods.
6. Delay in Payment and Acceptance
6.1 During the period of delay in payment, the customer is liable for any negligence and for accidental loss of the goods provided or already delivered by the seller. The legal interest regulations apply
6.2 If the customer does not accept the properly delivered or made available goods – without making use of a possible right of withdrawal in the case of consumer goods purchase – the customer is in default of acceptance. In the case of default of acceptance, the customer must reimburse the additional expenses incurred, such as additional shipping costs due to multiple delivery attempts or any storage or administrative costs. From the time of default in acceptance, the Provider is no longer responsible for simple negligent actions. If the customer seriously and finally refuses acceptance without justification, the Provider can withdraw from the contract and, in particular, claim lost profit as damages.
7. Retention of Title, Rights to Retain
7.1 The delivered goods remain the property of the Provider until all claims arising from the contract have been fulfilled; in the case where the customer is a legal person of public law, a public special asset or an entrepreneur exercising his commercial or independent professional activity, also beyond from the current business relationship until the settlement of all claims to which the Provider is entitled in connection with the contract.
7.2 The customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
8. Acceptance (for Contractual Services)
8.1 The customer is obliged to accept the services provided by the Provider within three days after the Provider has notified the completion in writing or in text form and handed over the subject of performance. If no declaration of acceptance is made within this period, acceptance is considered to have taken place unless the customer has informed the Provider about a defect according to paragraph 2. The explicit declaration of acceptance is equivalent to acceptance declared through conclusive behavior, for example, by starting to use the subject of performance according to its intended purpose.
8.2 The customer must inspect the product or the service provided immediately after delivery and to the extent feasible in the ordinary course of business. If a defect is found during this inspection, the customer must immediately inform the Provider. If the customer fails to notify, the product or service is considered approved unless the defect was not identifiable during the inspection. If such a defect becomes apparent later, notification must be made immediately after discovery; § 377 HGB (German Commercial Code) applies to entrepreneurs.
8.3 Insignificant defects do not entitle the customer to refuse acceptance. An insignificant defect is present if the functionality and usability of the subject of performance according to the contract purpose are only insignificantly or not at all restricted.
8.4 Completed partial services are, to the extent separable, to be accepted by the customer respectively after notification of completion and handover by the Provider.
8.5 If the Provider has subcontracted the provision of partial services, he will inform the customer about the notification of completion and handover of the subject of performance by the subcontractor. After handover of the performance subject provided by the subcontractor to the customer, the Provider can accordingly demand acceptance by the customer.
9. Liability for Material and Legal Defects
9.1 In case of defects, the customer is entitled to statutory warranty rights according to the following provisions. If the contract involves only merchants, the additional provisions of §§ 377 ff. HGB (German Commercial Code) apply.
9.2 The Provider guarantees to the customer that the subject of performance corresponds to the agreed quality and functionality. The parties agree that especially in the area of contracted craftsmanship, a completely defect-free performance is not possible and not required. The parties also agree that artistic freedom must be preserved. Accordingly, deviations in artistic creative elements from the customer's expectations do not constitute a defect, provided and insofar as the fundamental performance characteristics remain unaffected.
9.3 Damages caused by improper use and/or actions by the customer during storage of the article do not constitute a warranty claim against the Provider.
9.4 If goods with obvious damage to the packaging or the content are delivered, the customer should, notwithstanding their warranty rights, complain to the carrier/freight service immediately and contact the Provider by email or phone so that the Provider can preserve any rights against the carrier/freight service.
9.5 Defects must be reported by the customer within a warranty period of two years for consumers and one year for entrepreneurs against the Provider.
9.6 The liability under warranty is limited to the order value; for claims for damages, to the coverage limit of the business liability insurance taken out by the Provider.
9.7 The foregoing reductions and limitations do not apply if the Provider has fraudulently concealed a defect or assumed a guarantee for the condition of the goods, and not for claims for damages by the customer, which aim to compensate for a bodily or health damage due to a defect for which the Provider is responsible, or which are based on intentional or grossly negligent fault of the Provider or his vicarious agents.
9.8 If defects exist and were timely claimed, the Provider is entitled to rectification. If the rectification fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
10. Guarantee
10.1 At the customer's request and as part of individual agreements, the Provider grants a quality and durability guarantee of 5 years on its goods. Within this guarantee period, he assures that the goods are free from defects and correspond to the agreed quality and fulfill their intended function and retain their quality.
10.2 The guarantee does not cover deteriorations or changes to the goods caused by weather influences (e.g., water damage, fire damage), color changes due to sunlight exposure, improper use, improper cleaning, deliberate damage, and wear and tear. Also, defects that are due to the customer having altered the delivered goods are not covered by the guarantee.
10.3 During the guarantee period, the goods will be repaired free of charge in the event of a guarantee case or replaced with equivalent goods at the Provider's discretion.
10.4 If the customer refuses access to the goods for the purpose of repair or exchange, this refusal constitutes a waiver of the customer's rights under this guarantee.
11. Exclusion of Liability
11.1 Beyond the liability for material and legal defects, the Provider is liable without limitation if the cause of damage is due to intent or gross negligence. The Provider is also liable for the slightly negligent breach of essential duties (duties whose breach endangers the achievement of the contract purpose) as well as for the breach of cardinal duties (duties whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies), but only for the foreseeable, contract-typical damage. The Provider is not liable for the slightly negligent breach of duties other than those mentioned above.
11.2 The limitations of liability in the preceding paragraph do not apply in the case of injury to life, body, or health, for a defect after assuming a guarantee for the condition of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.3 The customer is solely responsible for the contents accepted and ensures that they do not infringe third-party rights (brand, naming, copyright, data protection rights, personality rights, rights to one's own image, etc.), nor violate existing laws, as well as universally valid legal norms.
11.4 Any liability of the Provider for claims that arise due to the contractual performance being used by third parties against the customer is excluded. In the event that the Provider is claimed by third parties for such reasons, the customer shall indemnify and hold the Provider harmless from any damage and claims, including reasonable legal defense costs. The Provider is also not liable for legal violations by third parties due to content (e.g., images, texts) provided by the customer for fulfilling the contract.
11.5 If the Provider's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
12. Data Protection
12.1 The customer is aware and consents to the necessary personal data for the transaction being stored on data carriers by the Provider. The customer expressly agrees to the collection, processing, and use of their personal data. The stored personal data will, of course, be treated confidentially by the Provider. The collection, processing, and use of the customer's personal data is carried out in compliance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the Telemedia Act (TMG). The customer can obtain further information from the Provider's privacy policy.
12.2 Personal information can also be used to inform about products, marketing actions, and services if the customer has explicitly consented to this beforehand. Specifically, the customer consents to the Provider using his name and logo without temporal and geographical restriction on its website www.beastlabs.de as well as within its social media appearances on Twitter to promote the service provision or collaboration.
12.3 The customer has the right to revoke their consent at any time with effect for the future. In this case, the Provider is obliged to immediately delete the customer's personal data. In case of ongoing order processes, deletion takes place after the completion of the order process.
13. Advertising Permission
The customer agrees that the Provider may use the concepts and creative services etc. created for him as a reference on its homepage or in other advertising materials as proof of its work. Furthermore, if the customer is an entrepreneur, he consents that his company name, possibly with URL, may be included in the customer list used by the Provider for advertising purposes. Projects for which the customer explicitly requests anonymity or client protection are excluded from this regulation.
14. Special Conditions for Cleaning
14.1 Scope of Services: The cleaning result always depends on the characteristics of the cleaning goods as well as the stains and dirt to be removed and the cleaning agents available for cleaning. Therefore, the Provider does not guarantee a specific cleaning result.
14.2 Inspection before Acceptance: The Provider is entitled to inspect the cleaning goods before acceptance and can refuse to clean the cleaning goods after proper inspection if it appears obvious that the cleaning methods and/or agents available or used by the Provider are unsuitable for cleaning the textiles.
14.3 Exclusion of Liability: The Provider is not responsible for damages caused by the characteristics of the cleaning goods that could not be detected by a professional inspection (e.g., damages due to insufficient fabric strength and seams, insufficient color fastness and prints, shrinkage, impregnations, previous improper treatment, hidden foreign objects, and other hidden defects). The same applies to cleaning goods that are not or only partially cleanable, as long as they are not correspondingly marked or the Provider could not recognize this through professional inspection.
14.4 Duties of the Customer: The customer must inform the Provider about the composition and material of the cleaning goods as well as other peculiarities that must be observed when cleaning the cleaning goods (e.g., dirt, damages, specific spots, etc.) upon handing them over for cleaning. The customer must remove all items and objects from the cleaning goods before handing them over to the Provider, especially valuables, metal and plastic objects, as well as paper.
14.5 Right of Retention and Non-collection: The Provider can refuse to return the cleaning goods until payment for the cleaning has been made. The cleaning goods must be picked up within 3 months of the collection date unless something else has been explicitly agreed in writing. If the cleaning goods are not picked up within 3 months from the pickup date, the Provider has the discretion, if the customer's contact details are unknown, to store, sell, auction, or dispose of the cleaning goods at the customer's expense. The proceeds from a sale or auction belong to the customer, minus the cleaning price or storage, if these have not yet been paid.
14.6 Appointments; The agreed delivery or completion date is only binding if compliance is not made impossible by circumstances beyond the Provider's control.
15. Special Conditions for Repairs
15.1 The regulations according to section 14 apply accordingly. These and the following conditions do not apply if repairs are carried out as part of warranty claims of the customer.
15.2 Cost Estimates: Binding cost estimates are only created upon explicit request by the customer. A cost estimate desired by the customer is only binding if it is issued in writing by the Provider and designated as binding. The customer will be charged for the services required to issue the cost estimate, provided the service is not performed or cannot be utilized during the performance. If it becomes apparent during the provision of the service that the expected costs of the service exceed the non-binding estimated costs or are not in an economically reasonable ratio to the time value of the item to be repaired, the Provider will immediately inform the customer. The same applies to defects that are only discovered during the repair and were not previously covered by the scope of the repair order. If a repair is discontinued for reasons beyond the Provider's control, the item will only be restored to its original condition at the customer's explicit request and at the customer's expense. In the calculation of the repair, the prices for used parts, materials, and special services as well as the prices for labor, travel, and transport costs are to be stated separately. If the repair is carried out based on a binding cost estimate, reference to the cost estimate suffices, whereby deviations in the scope of services must be listed separately.
16.1 The business relations between the Provider and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The application of UN sales law is excluded.
16.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive jurisdiction for all disputes arising from contractual relationships between the customer and the Provider is the Provider's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the lawsuit is filed.
16.3 Consumers have the option to use an alternative dispute resolution. The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/. There, consumers can find information about online dispute resolution and find an initial point of contact for settling disputes arising from online purchase contracts or service contracts.
16.4 Furthermore, the Provider is willing to participate in an extrajudicial arbitration process before a consumer arbitration board. The competent body is the General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
17. Right of Withdrawal and Cancellation Policy
17.1 If the customer is a natural person who concludes a contract with the Provider by means of distance communication, for purposes that predominantly are outside his trade, business or profession (consumer), he has a right of withdrawal.
17.2 The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Stand 30. Januar 2024
Status
Fursuits
Kigurumi
Stickereien
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Contact
BeastLabs Suits&Crafts by Nadine Kirchner und Martin Köhn GbR
