Terms & Conditions

Scope of application

Conclusion of contract

Exclusion of the right of withdrawal

Prices and terms of payment

Delivery and shipping conditions

Granting of rights of use for digital contents

Retention of title

Liability for defects (warranty)

Special conditions for the processing of goods according to certain specifications of the customer

Redemption of promotional vouchers

Redemption of gift vouchers

Alternative dispute resolution

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company "Formenterart" (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If the customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragree... or - if the customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.

2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3.1 As the Shop exclusively deals with handmade products specially made for the customer, a right of revocation is excluded.

3.2 Further information on the right of revocation can be found in the Seller's revocation policy.

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by instalments), it shall assign its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a creditworthiness check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim.

4.5 If a payment method offered via the "Stripe" payment service is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. Stripe may use other payment services for the processing of payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/de.

4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the Seller authorises to collect receivables on its behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card shall be debited immediately after the customer's order has been sent in the online shop. Even if the payment method credit card payment is selected via PAYONE GmbH, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes.

4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Provider assigns his payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be debited immediately after the customer's order has been sent in the online shop. Even if the payment method credit card payment is selected via secupay AG, the Supplier shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes.

4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5.1 If the Seller offers to ship the goods, the delivery will be made within the delivery area indicated by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.

5.2 In the case of goods delivered by a forwarding agent, delivery shall be made "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.

5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours stated by the Seller at the address stated by the Seller. In this case, no shipping costs will be charged.

5.7 Vouchers will be provided to the Customer as follows:

- by e-mail

5.8 Digital content will be provided to the customer as follows:

by download

by e-mail

by direct access via the Entrepreneur's website

6.1 Unless otherwise stated in the description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.

6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the licence under the contract to the third party.

6.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective when the customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.

If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.

8.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:

8.2 If the customer is acting as an entrepreneur,the seller has the choice of the type of subsequent performance;in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;in the case of used goods, the rights and claims for defects are excluded;the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

8.3 The above-mentioned limitations of liability and shortening of time periods shall not apply toto claims for damages and reimbursement of expenses of the customer,in the event that the Seller has fraudulently concealed the defect,for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

8.5 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9.1 If, according to the content of the contract, the Seller is also obliged to process the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone shall be responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against claims of third parties which the latter may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. In this context, the customer shall also bear the necessary costs of legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.

10.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

11.1 Gift vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.

11.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.

11.3 Gift Voucher can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Several gift vouchers can be redeemed for one order.

11.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase additional Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

11.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.

11.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.