1. General

   1. These General Terms and Conditions ("GTC") apply to all contracts with customers for the sale of goods in the Seller's online shop at www.raretestudios.com. Agreements made with the customer in individual cases take precedence over these General Terms and Conditions.

   2. The GTC apply to customers who are consumers. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

2. Subject of the contract

   1. The seller manufactures personalized name bracelets that are individually handmade based on the customer's specifications and then shipped to the customer via a parcel service.

   2. In return, the customer undertakes to pay the purchase price and shipping costs. Payment must be made in advance immediately after conclusion of the contract.

3. Conclusion of contract

   1. The bracelets displayed in the online shop do not yet represent a legally binding offer by the seller. Only the order of the customer is a legally binding offer, which the seller can accept.

   2. The ordering process begins with the selection of a bracelet. The customer enters the desired length and optionally a name. Then he puts the bracelet in the shopping cart.

   3. The customer can view an overview of all items in the shopping cart and delete individual items from the shopping cart at any time by clicking on the "Shopping Cart" icon. After selecting the "Checkout" button, the customer enters his contact information and a delivery address. In the next step, the customer selects a shipping option. Then the customer selects one of the offered payment methods. In the last step, the customer receives an overview of his order. The customer places a legally binding order by clicking on the "Buy" button. The customer receives a confirmation of receipt of his order.

   4. After placing his order, the customer will be requested to make payment. This request represents the conditional acceptance of the order by the seller. If no payment is made, the declaration of acceptance of the seller expires.

   5. The buyer saves the order, the entered order data, but not the entire contract text. The customer can print out the contract text before submitting his order.

4. No right of withdrawal

   1. In principle, consumers have a statutory right of revocation for purchases in online shops. However, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. 

5. Withdrawal of the seller

   1. The seller is entitled to withdraw from a purchase contract if he has duly ordered the goods from a supplier but has not been supplied correctly or on time (congruent covering transaction) and is not responsible for the non-delivery.

   2. The seller is obliged to inform the customer immediately about the unavailability and to refund already received considerations immediately.

6. Prices and payment

   1. The displayed item prices include the statutory sales tax. Shipping costs are shown and calculated separately.

   2. The buyer is obliged to pay the invoice amount in advance.

7. Delivery time and shipping

   1. The delivery time of the goods is indicated in the item descriptions. If the delivery time is stated in days, these are working days. Weekends and public holidays are not considered working days. The delivery time begins on the working day following the day of the accepted order.

   2. If non-compliance with the delivery time is due to force majeure, industrial action, epidemics, unforeseeable obstacles or other circumstances for which the seller is not responsible, the delivery time shall be extended by a reasonable period. After exceeding the period, the customer is entitled to withdraw from the contract.

   3. The ordered goods will be shipped to the delivery address provided by the customer. If the goods are returned to the seller for reasons for which the customer is responsible, the customer shall bear the additional costs for reshipment.

8. Material defect

   1. The goods are free of material defects if they have the agreed quality at the time of transfer of risk. Insofar as the quality is not agreed, the item is free of material defects if it is suitable for the use presumed under the contract, otherwise if it is suitable for normal use and has a quality which is usual for items of the same type and which the customer can expect according to the type of item.

   2. The customer must prove that a material defect already existed at the time of the transfer of risk and that it was not caused by wear and tear or improper handling after the time of the transfer of risk.

   3. If the customer is a consumer and a material defect becomes apparent within six months of the transfer of risk, it shall be presumed that the item was already defective at the time of the transfer of risk, unless this presumption is incompatible with the nature of the item or the defect.

9. Supplementary performance

   1. If the goods are defective, the customer may, at his discretion, demand the rectification of the defect or the delivery of a defect-free item as subsequent performance. The Seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs.

   2. The seller may refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be resorted to without significant disadvantages for the customer shall be taken into account. In this case, the customer's claim is limited to the other type of supplementary performance; the seller's right to also refuse this under the conditions of sentence 1 remains unaffected.

   3. The customer shall give the seller the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item.

10. Withdrawal and reduction

    1. If the goods are defective, the customer may withdraw from the contract if he has unsuccessfully set the seller a reasonable deadline for subsequent performance.

    2. A deadline need not be set if the seller has refused both types of subsequent performance or if the type of subsequent performance to which the customer is entitled has failed or is unreasonable for him. A subsequent improvement shall be deemed to have failed after the unsuccessful second attempt, unless something to the contrary results in particular from the nature of the item or the defect or the other circumstances.

    3. Instead of withdrawing, the customer can reduce the purchase price by declaration to the seller. In the event of a reduction, the purchase price shall be reduced in the ratio in which the value of the item in a defect-free condition would have stood to the actual value at the time of conclusion of the contract. The reduction is to be determined - as far as necessary - by estimation. If the customer has paid more than the reduced purchase price, the additional amount shall be reimbursed by the seller.

11. Damages or reimbursement of expenses

    1. If the goods are defective and the seller is responsible for this, the customer may demand damages instead of performance if he has unsuccessfully set the seller a reasonable deadline for subsequent performance. If the Seller has rendered partial performance, the Customer may only claim damages in lieu of the entire performance if he has no interest in the partial performance. If the Seller has not performed the service as owed, the Customer may not claim damages in lieu of the entire service if the breach of duty is insignificant.

    2. The claim for delivery of the goods is excluded as soon as the customer has demanded compensation instead of the goods. If the customer demands compensation instead of the entire performance, the seller is entitled to reclaim what has been paid.

    3. If a defective good causes damage to other legal assets of the customer, the seller is only obliged to compensate for the damage if the customer was aware of the defect or could have been aware of it.

    4. If fault on the part of the customer has played a part in the occurrence of damage, the seller's obligation to pay compensation and the extent of the compensation to be paid shall depend on the circumstances, in particular on the extent to which the damage was predominantly caused by the seller or the customer. This shall also apply if the Customer's fault is limited to the fact that it failed to draw the Seller's attention to the risk of unusually high damage, which the Seller neither knew nor should have known about, or that it failed to avert or mitigate the damage.

    5. Instead of damages in lieu of performance, the customer may demand reimbursement of expenses which he has incurred and could reasonably be expected to incur in reliance on the receipt of the goods, unless their purpose would not have been achieved even without the seller's breach of duty.

12. Final provisions

    1. The contract language is exclusively German. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

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

    3. The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

    4. If provisions of these GTC have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. The contract shall be invalid if adherence to it would constitute an unreasonable hardship for one of the contracting parties, even taking into account the amendment provided for in sentence 2.

 

Status: September 17, 2024