1.1 These Terms and Conditions of the company „Studio AJPunkt“ (the sole proprietor Ana Julia Di Lisio, hereinafter referred to as “seller”) shall apply to all contracts concluded between a consumer (hereinafter referred to as “client”) and the seller relating to all goods and/or services presented in the online shop of the seller. The inclusion of the client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 The terms and conditions apply equivalently to contracts for the delivery of gift cards, unless other regulations have been stated. Gift cards can only be exchanged for goods, a reimbursement of money is not possible.
1.3 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession (B2C relationships). A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf (B2B relationships).
1.4 The product descriptions in the seller’s online shop do not constitute binding offers on the part of the seller, but merely serve the purpose of submitting a binding offer by the client.
1.5 The client may submit the offer by the online order form integrated into the seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The client may also present the offer to the seller by e-mail.
1.6 The Seller may accept the client’s offer within five days
- by transferring a written order confirmation or an order conformation in written form ( e- mail); insofar receipt of order confirmation by the client is decisive, or
- by delivering ordered goods to the client; insofar receipt of goods by the client is decisive.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the client is no longer bound by his statement of intent. In the case, that the client pays via direct payment, the offer is automatically accepted and the contract is viable.
1.7 All contract are made between the client and the sole proprietor Ana Julia Di Lisio, Düsseldorfer Str. 4, 10719 Berlin.
1.8 The contract’s content will be stored by the seller and will be sent to the client in writing including these terms and conditions and client information (for example via e-mail) after the client has submitted his order. In addition, the contract’s content will be stored by the seller and can be requested by the client.
1.9 The contractual language is English.
2. Prices and Payment
2.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
2.2 For deliveries to non-EU-countries additional fees can apply, which have to be paid by the client. The include for example costs for bank transfers or import taxes. Such costs for bank transfers can even apply if the delivery takes place within the EU, but the client makes the payment from a non-EU-country.
2.3 Payment can be made using one of the methods mentioned in the seller’s online shop .
2.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
3.1 Goods are generally delivered on dispatch route to the delivery address indicated by the client, unless otherwise agreed. For the transaction procedure the delivery address specified by the client in the ordering process shall be applicable.
3.2 In the cases that the seller offers collection by the client as a shipping option, he will inform the client an advance via e-mail, that the order is ready for collection. After receiving this e-mail, the client can pick up the order at the registered office in Berlin. In this case there will be no shipping costs.
3.3 Should delivery to the client not be possible, the assigned transport company returns the goods to the seller and the client bears the cost for the unsuccessful dispatch. This shall not apply if the client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the seller has given notice to the client in an adequate period of time prior to the delivery.
3.4 Gift Cards: gift cards will not apply for the shipping costs. The total amount of the purchased Gift Card will be deduced from the total amount incurred for the product(s). The gift card code can be used more than once, until the total value has been spent.
4. Liability for defects
4.1 The statutory consumer rights will apply.
4.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
5. Right to cancel
Consumers are entitled to the right of cancellation. Detailed informations about the right of cancellation are provided in the seller’s instruction on cancellation.
6. Law and Jurisdiction
6.1 If a client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
6.2 If a client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State
7. Usage of client data
The rules for privacy and data security, which are available on the website, also apply to all client data used for contractual purposes.
8. Dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. Consumers may use this platform for the settlements of their disputes. We are in principle prepared to participate in an extrajudicial arbitration proceeding.