Table of Contents
Scope of Application
Conclusion of the Contract
Right to Cancel
Prices and Payment Conditions
Shipment and Delivery Conditions
Reservation of Proprietary Rights
Warranty
Special Conditions for Repair Services
Special Conditions for the Processing of Goods According to Client's Specification
Redemption of Campaign Vouchers
Redemption of Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Le Studio Bohème (hereinafter referred to as "Seller”) govern all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller regarding all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to unless other terms have been stipulated.
1.2 These GTC apply accordingly to the purchase and delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activity.
1.4 A trader pursuant to 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 their commercial or independent professional activity.
2. Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers; they serve to allow the Client to submit a binding offer.
2.2 The Client can submit an offer via the online order form integrated into the Seller's online shop. By completing the ordering process and clicking the button to finalize the order, the Client makes a binding contractual offer regarding the goods and/or services in the shopping cart.
2.3 The Seller can accept the Client’s offer within five days by:
sending a written order confirmation or an order confirmation in text form (fax or e-mail); insofar receipt of the order confirmation by the Client is decisive, or
delivering the ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
requesting the Client to pay after the order has been placed.
The contract is concluded when one of the aforementioned alternatives occurs first. If the Seller does not accept the Client’s offer within the period mentioned, this shall be deemed a rejection of the offer, resulting in the Client no longer being bound by their declaration of intent.
2.4 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Client in text form (e.g., e-mail, fax or letter). The contract text is not made accessible beyond this.
2.5 Before submitting a binding order via the Seller’s online order form, the Client can identify and correct input errors by reading the information displayed on the screen carefully. The enlargement function of the browser may be an effective method for better recognizing input errors. All data entered can be corrected using the usual keyboard and mouse functions during the electronic ordering process until the finalization of the order.
2.6 The contract language is exclusively English.
2.7 Order processing and contacting usually occur via e-mail and automated order processing. The Client must ensure that the e-mail address provided for order processing is accurate to receive e-mails from the Seller. The Client must also ensure that all e-mails sent by the Seller can be received even if SPAM filters are used.
3. Right to Cancel
3.1 Consumers have the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s cancellation policy.
3.3 The right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address were outside of the European Union at the time of concluding the contract.
4. Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including statutory sales tax. Delivery costs, where applicable, will be indicated separately in the respective product description.
4.2 Payment can be made using one of the methods specified in the Seller’s online shop.
4.3 For deliveries to countries outside the European Union, additional costs may be incurred for which the Seller is not responsible and must be borne by the Client. These include transfer fees charged by banks (e.g., transfer charges, exchange fees) or import duties and taxes (customs). Such costs may also arise for money transfers if delivery is not made to a country outside the European Union, but the Client makes the payment from a country outside the European Union.
4.4 When choosing a payment method offered via the payment service "Squarespace Payments," payment will be processed via the payment service provider Squarespace, Inc., 225 Varick Street, 12th Floor, New York, NY 10014, USA (hereinafter referred to as "Squarespace"). The individual payment methods offered via Squarespace are communicated to the Client in the Seller's online shop. Squarespace may use other payment services to process payments, which may be subject to special payment terms, to which the Client is separately referred. Further information on "Squarespace Payments" can be found at https://www.squarespace.com/payments.
5. Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This does not apply if the Client exercises their right to cancel effectively if the delivery cannot be made due to circumstances beyond the Client's control, or if they were temporarily impeded from receiving the offered service unless the Seller notified the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods themselves, the Seller will inform the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller's place of business. In this case, shipment costs will not be charged.
5.4 Vouchers will be provided to the Client as follows:
by e-mail
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if they have concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods, the Seller shall inform the Client immediately and refund any payment made.
6. Reservation of Proprietary Rights
If the Seller provides advance deliveries, they retain title of ownership to the delivered goods until the purchase price owed has been paid in full.
7. Warranty
7.1 Unless otherwise stipulated, the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
7.2 If the Client acts as a trader:
the Seller may choose the type of subsequent performance,
for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
for 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.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply:
to claims for damages and reimbursement of expenses of the Client,
if the Seller has fraudulently concealed the defect,
for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB), they have the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
7.6 If the Client acts as a consumer, the forwarding agent must be immediately notified of any obvious transport damages, and the Seller must be informed accordingly. Should the Client fail to comply, this shall not affect their statutory or contractual claims for defects.
8. Special Conditions for Repair Services
If the Seller is responsible for the repair of a Client's item under the terms of the contract, the following shall apply:
8.1 Repair services shall be provided at the Seller's place of business.
8.2 The Seller shall render their services at their discretion either themselves or by qualified personnel selected by them. The Seller may also make use of the services of third parties (subcontractors) who act on their behalf. Unless otherwise stated in the Seller's service description, the Client has no right to select a specific person to perform the desired service.
8.3 The Client must provide the Seller with all information necessary for the repair of the item unless its procurement falls within the Seller's scope of duties according to the content of the contract. In particular, the Client must provide the Seller with a comprehensive description of the defect and inform them of all circumstances which may be the cause of the defect found.
8.4 Unless otherwise agreed, the Client must send the item to be repaired to the Seller's place of business at their own expense and risk. The Seller recommends the Client to conclude transport insurance for this purpose. Furthermore, the Seller recommends the Client to send the goods in suitable transport packaging to reduce the risk of transport damage and to conceal the content of the packaging. The Seller will immediately inform the Client of obvious transport damage so that the Client can assert any rights they may have against the transport company.
8.5 The return of the goods shall be at the Client's expense. The risk of accidental loss and accidental deterioration of the item passes to the Client when the item is handed over to a suitable transport person at the Seller's place of business. At the Client's request, the Seller will conclude transport insurance for the goods.
8.6 The aforementioned regulations do not limit the Client's statutory rights in the event of the purchase of goods from the Seller.
8.7 The Seller shall be liable for defects in the repair service provided in accordance with the provisions regarding statutory liability for defects.
9. Special Conditions for the Processing of Goods According to Client's Specification
9.1 If, according to the terms of the contract, the Seller owes the delivery of the goods as well as the processing of the goods according to certain specifications of the Client, the Client shall make available to the operator all contents required for processing such as texts, images, or graphics in the file formats, formatting, image, and file sizes specified by the operator and shall grant the operator the necessary rights of use. The Client is solely responsible for the procurement and acquisition of rights for such content. The Client declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights, and personal rights.
9.2 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs required for the necessary legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.
10. Redemption of Campaign Vouchers
10.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
10.2 Individual products may be excluded from the voucher campaign if such a restriction results from the conditions of the campaign voucher.
10.3 Campaign vouchers can only be redeemed by consumers.
10.4 Only one campaign voucher can be redeemed per order.
10.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
10.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
10.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
10.8 The campaign voucher will not be redeemed if the Client, in the context of their legal right to cancel, returns goods paid fully or partially by a campaign voucher.
10.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or of the missing right of representation regarding the respective owner.
11. Redemption of Gift Vouchers
11.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.
11.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
11.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
11.4 In case of an order, several vouchers can be redeemed.
11.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
11.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
11.7 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or of the missing right of representation regarding the respective owner.
12. Applicable Law
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has their habitual residence.
12.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
13. Place of Jurisdiction
If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, Munich, Germany shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, Munich, Germany shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event, however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
14. Alternative Dispute Resolution
14.1 The EU Commission provides on its website the following link to the ODR platform: https://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.
14.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.