General terms and conditions of business
General Terms and Conditions of Creepygarden, Martin Dumpich Online Shop/Rental
1. Scope
The following terms and conditions apply to all orders placed through our online shop/rental service (hereinafter referred to as "online shop"). Our online shop is intended exclusively for consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
2. Contracting parties, conclusion of contract, correction options
The purchase agreement is concluded with CreepyGarden, Martin Dumpich.
By placing products in our online shop, we are making 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 tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.
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 details and our terms and conditions in text form.
4. Delivery conditions
Shipping costs are added to the stated product prices. Details regarding shipping costs can be found in the individual offers.
You have the option of collecting your order from CreepyGarden, Martin Dumpich, Im Rühmt 1A, 22147 Hamburg, Germany, during the following business hours: by appointment.
5. Payment
According to § 19 para. 1 UStG, no sales tax is charged.
The following payment methods are generally available in our shop:
SEPA Direct Debit Scheme
By placing your order, you are granting us a SEPA direct debit mandate. We will inform you of the debit date at least one banking day in advance (so-called pre-notification). A banking day is any working day excluding Saturdays, national public holidays, and December 24th and 31st of each year. Your account will be debited before the goods are shipped.
PayPal
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, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. You will receive further instructions 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 is received.
7. Transport damage
If goods are delivered with obvious transport damage, please report such damage to the delivery driver immediately and contact us without delay. Failure to report damage or contact us will not affect your statutory rights or their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
8. Warranty and Guarantees
8.1 Warranty Law
The statutory warranty rights apply.
8.2 Guarantees and Customer Service
Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.
8.3 Instructions for use
The customer agrees to follow any operating instructions and usage guidelines included with the merchandise to ensure proper and safe use. Printed textiles should be washed inside out at a maximum temperature of 30°C with a mild detergent. Please also refer to the care label on the respective textile. Any warranty claims are voided if the defect is caused by improper or unintended use.
9. Revocation
Creepygarden, Martin Dumpich grants the customer, who is a consumer, the statutory right of withdrawal in distance selling (according to Annex 1 to Article 246a § 1 paragraph 2 sentence 2 EGBGB):
Cancellation policy/ Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, or, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
The right of withdrawal is excluded for contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer; for contracts for the supply of audio or video recordings or computer software in sealed packaging if the seal has been broken after delivery. Breaking the seal occurs when there is a corresponding indication on the protective film of data carriers that opening the protective film is to be regarded as such a breaking of the seal. Furthermore, the right of withdrawal is excluded for contracts for the supply of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been broken 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, car rental, and delivery of food and beverages.
To exercise your right of withdrawal, you must:
CreepyGarden, Martin Dumpich
Im Rühmt 1A
22147 Hamburg
shop@creepygarden.de
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., email). You can use the model withdrawal form attached, but this is not mandatory.
If you make use of this option, we will immediately send you confirmation of receipt of such a cancellation (e.g. by email).
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction; in no case will you be charged any fees for this reimbursement. It is hereby agreed that we may choose a different method of reimbursement if this does not result in any additional costs for you. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract:
CreepyGarden, Martin Dumpich
Im Rühmt 1A
22147 Hamburg
Germany
to return or hand over the goods. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.
10. Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.
in case of injury to life, body or health,
in the case of intentional or grossly negligent breach of duty,
in the case of warranty promises, if agreed, or
insofar 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 which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract.
Furthermore, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can use to... here Consumers have the option of using this platform to resolve their disputes.
To resolve disputes arising from a contractual relationship with a consumer, or regarding whether such a contractual relationship even exists, we are obligated to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Out-of-Court Dispute Resolution Board for Consumers and Businesses e.V., Hohe Straße 11, D-04107 Leipzig. www.streitbeilegungsstelle.orgWe will participate in a dispute resolution procedure before this body.
12. Youth Protection
If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure involving personal identity and age verification to ensure that the purchaser has reached the required minimum age. The delivery person will only hand over the goods after age verification and only to the purchaser personally. Delivery to parcel lockers is not possible in this case.
13. Rental of decorations/props
13.1 Lease agreement
A rental agreement is only concluded once the customer has made a down payment of 50% of the total planning cost. The rental period begins upon delivery of the rented items. The rental agreement ends upon return of the rented items.
13.2 Prices
Unless otherwise stated, our prices are per item and rental unit (= 1 day). All prices are for self-collection. In accordance with § 19 para. 1 of the German Value Added Tax Act (UStG), no VAT is charged.
13.3 Deposit
A security deposit of up to €100.00 may be charged, which will be refunded after the rented items have been returned in full, perfect condition and inspected by the landlord.
13.4 Payment terms
A 50% deposit is due upon signing the contract. The full invoice amount, i.e., the rental price, is due 14 days before the event or, by prior arrangement, upon delivery of the rental items.
13.5 Rental period
The rental period for the items is a minimum of one day, even if the rented items are returned early or unused. If the renter cannot return the rented items on time, the renter must inform the lessor at least one day before the end of the agreed rental period.
13.6 Collection
Upon collection of the items, the renter must immediately inspect the goods and sign the receipt. The renter's liability begins upon acceptance of the items.
13.7 Liability
The rented items are not insured. Liability transfers to the renter as soon as they take possession of the rented items. The renter is liable for all damages resulting from the use of the rented items during the rental period until their return. The renter is responsible for damage, breakage, or loss.
13.8 Breakage, damage, loss
The renter is responsible for the rented items from the time of collection until their return. Damaged or missing items will be billed to the renter at replacement cost. The renter is liable to the owner for any third-party claims arising from damages resulting from the use of the rented items.
13.9 Cleaning
The renter must handle the rented items with care and roughly clean them before returning them. The landlord will clean the items. Extremely soiled items, such as those with wax, pen marks, chewing gum, glue residue, or mildew, will be charged at the replacement cost. Open flames are not permitted, as this will cause burn holes in the items; from the first burn hole onward, the item will be charged at the replacement cost.
13.10 Cancellation
The order must be cancelled in writing by the renter. If an order is cancelled before the rental period begins, the following cancellation fees will apply:
50% of the order value up to one month before the start of the rental period,
70% of the order value up to 14 days before the start of the rental period,
100% of the order value will be charged for cancellations made less than 14 days before the start of the rental period.
November 13th Publication
The landlord reserves the right to take photographs at locations where the landlord's rental items are situated, for the landlord's marketing purposes.
13.12 Other
The customer agrees to use the rented items only for their intended purpose and for the agreed event. They agree to handle the rented items with care and return them to the company in their original and undamaged condition.
As of December 2021
Attachment:
The cancellation form is derived from the official information on Article 246a § 1 para. 2 sentence 1 no. 1 of the Introductory Act to the German Civil Code (EGBGB).
SAMPLE CANCELLATION FORM
If you wish to cancel the contract, please fill out this form and send it back to:
CreepyGarden, Martin Dumpich
Im Rühmt 1A
22147 Hamburg
shop@creepygarden.de
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*).
Ordered on (*)/received on (*)
-Name of consumer(s)
-Address of the consumer(s)
- Signature of the consumer(s) (only for notifications on paper)
- Date _______________
(*) Delete as appropriate.
