General terms and conditions

1 Scope of application, contractual partners

The following General Terms and Conditions, also referred to as GTC of the company studio moreandlesshereinafter referred to as Seller, apply to all consumers and business customers, hereinafter referred to as Buyer. The GTC apply to every purchase contract concluded via the studio moreandless online shop, as well as to telephone and verbal purchase contracts.

All contracts are concluded with studio moreandless. Further information can be found in the Imprint. You can contact our customer service department with questions, complaints and objections as well as orders by telephone and e-mail using the contact details provided at Contact us on the website.

 

2 Conclusion of contract

The presentation of the products in the online store does not constitute a legally binding offer. By clicking the order button, you place a binding order for the products contained in the shopping cart. The confirmation of receipt of the order is sent together with the acceptance of the order immediately after sending an automated e-mail. With this e-mail confirmation, the purchase contract is concluded. Condition for an effective conclusion of the contract is always that the ordering process is completed with sending the order.

(2) The products ordered may deviate slightly from the illustration due to the technical possibilities of presentation, in particular in terms of colour, insofar as this is reasonable. Wood is a natural product and may have natural defects. These are not recognised as grounds for complaint.

(3) The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, the Seller shall not deliver or shall only deliver in part. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In case of non-availability or only partial availability of the goods, the buyer will be informed immediately.

(4) The content of the contract shall be stored by the Seller and sent to the Customer by e-mail in addition to the GTC.

 

3 Reservation of ownership

 

(1) In the case of consumers, the seller retains title to the goods until the purchase price has been paid in full

(2) If the customer acts in breach of contract, in particular in the event of default in payment, if the customer provides false information about his creditworthiness or identity or if an application for the opening of insolvency proceedings is filed, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet paid the consideration or has not paid it in full. Translated with DeepL.com (free version)

 

4 Compensation

(1) The stated purchase price is binding. The purchase price includes the statutory sales tax. Additional delivery costs incurred for shipping can be taken from the order overview. Costs for packaging are already included in the shipping costs.

(2) The seller reserves the right to release the delivery of the ordered goods for delivery to the customer only after the confirmed receipt of an advance payment or deposit.

(3) The customer may only offset undisputed or disputed but legally established counterclaims or - in the event of a legal dispute - disputed but ready for judgement counterclaims arising from liability for material defects within the scope of the contractual relationship.

(4) The assertion of rights of retention or the raising of the defence of non-performance of the contract due to counterclaims of the customer is only possible insofar as the counterclaim on the basis of which the right of retention is asserted or the defence is raised has been legally established in the event of a dispute by the seller or is ready for a decision in the event of a legal dispute. The assertion of rights of retention or the defence of non-performance of the contract is possible at any time with counterclaims that are undisputed by the seller.

 

5 Payment options

 

(1) The customer can make payment by prepayment/bank transfer, credit card payment or direct debit (PayPal). The seller reserves the right in specific individual cases to make this payment method dependent on a credit check of the buyer in the case of payment on account.

(2) When paying by PayPal (direct debit and credit card payment), the customer must register at www. paypal.com log in. The terms of use of the providers apply.

(3) The seller reserves the right to adjust, expand and reduce the selection of payment options as desired

 

6 Shipment

 

(1) The service shall be provided in Berlin. If the location of the service differs from this, the seller shall inform the buyer immediately of the location of the service. The seller delivers within the EU and Switzerland. For orders outside these countries, the Buyer must contact the Seller. Additional costs may be incurred. Collection of the goods by the buyer is only possible by arrangement. In this case, there are usually no shipping costs.

(2) The delivery period for deliveries is indicated on the respective offer page. The start of the delivery period begins one day after full receipt of payment.

(4) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday in the federal states of North Rhine-Westphalia or Berlin, the start or end of the deadline shall be postponed to the following working day.

(5) If the start or end of the deadline falls within the company holidays stated on the website, the start or end of the deadline shall be postponed to the first working day after the company holidays. All company holidays shall be indicated on the website in good time.

(6) With regard to the reservation of proper self-delivery, the Seller refers to § 2 para. 3 of these GTC.

(7) The Seller is entitled to make partial deliveries if there is a justified reason for this on the part of the Seller and the Buyer can reasonably be expected to accept the partial delivery. The Buyer shall not incur any additional costs as a result.

 

7 Legal right of cancellation

 

Cancellation policy

 

(1) Right of cancellation

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last item. Whether a product is a pre-produced item or an item produced on request can be found in the product description.

Products produced on request are generally excluded from exchange unless they contain an unacceptable defect.

 

To exercise your right of withdrawal, you must:

 

Studio moreandless

Jägerstraße 7

D-48734 Reken

info@studiomoreandless.com

Telefon +49 1573/4618251

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to cancel this contract. If you make use of this option, we will send you a confirmation of receipt of your cancellation by e-mail within 1-5 working days.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

(2) Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you, excluding delivery costs, without delay and at the latest within 30 days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We can refuse the refund until we receive the goods back again

You must return or hand over the goods to us without delay and in any case no later than three days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of three days.

You must bear the direct costs of returning the goods. You only have to pay 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 the condition, properties and functioning of the goods.

 

 

8 Transfer of risk

 

(1) The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Buyer upon handover of the goods.

 

(2) If, by way of exception, the buyer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment with the shipment of the goods and the entrepreneur has not previously named this person or institution to the buyer, the regulation shall remain in force according to which the risk shall pass to the buyer in this case upon handover of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

(3) Delivery shall be deemed to have taken place if the Purchaser is in default of acceptance.

 

9 Rights of the buyer

 

(1) Information, drawings, illustrations, technical data, weight, dimension and performance descriptions contained outside our web shop are for information purposes only. Studio moreandless accepts no liability for the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation shall be decisive. The weight of natural products such as wood, fabrics etc. varies. Weight specifications of products with a proportion of natural products are to be understood as a guideline and are in no case binding. In principle, only very slight deviations are to be expected.

 

(2) Insofar as a defect subject to warranty exists, the Buyer shall have the rights determined by law. A defect subject to warranty exists if the original function of the product is not guaranteed or the appearance is significantly limited due to gross processing or delivery defects. It should be noted that natural materials may contain imperfections. These do not represent a defect subject to warranty under any circumstances.

 

(3) In the event of returns due to defects, the seller shall bear the costs of returning the goods. The seller reserves the right to replace the return shipment with a personal collection of the goods. In this case, the buyer will be notified at least 14 days in advance and asked for a preferred date. The collection will then take place within a time frame of three hours around this requested date. The seller reserves the right to refuse the buyer's requested dates without giving reasons. Under no circumstances will the seller collect the goods on a specific day without the express consent of the buyer.

 

(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. The seller is therefore not liable for the constant and uninterrupted availability of the online offer.

 

(5) The statutory provisions shall apply to the limitation period for warranty claims for the delivered goods.

 

10 Limitations of liability

 

The seller is only liable for its own content on the website of its online store. As far as with links the access to other web pages is made possible, the seller is not responsible for the foreign contents contained there. He does not adopt the external content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.

 

The Seller shall not be liable for slightly negligent breach of immaterial contractual obligations.

 

(3) In all other respects, the statutory provisions shall apply.

 

11 Consumer dispute resolution according to §§36, 37 VSBG

 

We are willing to participate in a dispute resolution procedure before a consumer arbitration board for the settlement of disputes with consumers. The responsible consumer arbitration board is:

Center for European Consumer Protection e.V.

Bahnhofsplatz 3

77694 Kehl

Phone: 07851 / 991480

E-Mail: mail@online-schlichter.de

Internet: www.online-schlichter.de

In order to resolve the aforementioned disputes, we will participate in a dispute resolution procedure before this body.

 

12 Final provisions

 

The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This shall only apply to the extent that the Buyer is not thereby deprived of the protection granted by mandatory provisions of the law of the country in which he has his habitual residence.

 

"I expressly agree that my name, address and other personal details that I expressly provide to studio moreandless may be passed on to an authorized dealer of studio moreandless to be selected by studio moreandless for the purpose of contacting me. I agree that the data required for this purpose will be collected, stored and used by studio moreandless for the purpose of passing it on. I can revoke this consent at any time in writing to the studio moreandless. The latter undertakes to pass on the revocation of consent to the relevant dealer without delay."

 

Studio moreandless

 

Jägerstraße 7

 

48734 Reken

 

USt.-ld.-Nr. DE-362701020

 

Chief executive officer: Niklas Wodausch

en_GB