TERMS AND CONDITIONS
Status: 2023/11/10
1. conditions
2. purchase of products
3. right of withdrawal
4. consequences of withdrawal
5 Warranty for products
6. permitted use
7 Intellectual property rights
8. exclusion of warranties for the use of the website and services
9. release
10. limitation of liability
11. links to third party websites
12 Applicable law
13. Miscellaneous
1.The Terms
(1) This Site (studiosarahmueller.com) and/or the Services, including any associated mobile applications and any offers and sales of products through the Site, is owned and operated by [Sarah Müller, Freelancer]. These Terms and Conditions set forth the terms and conditions under which visitors or users may access or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree to all of the Terms, you may not access the Site and/or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who I am, how I sell products to you, how you can cancel the purchase agreement, and what you can do if you have problems.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need the permission of your parents or a legal guardian to use the Services or purchase Products.
2. Purchase of products
(1) The purchase of Products is subject to the terms and conditions in effect at the time.
(2) When you purchase a Product: (i) you are responsible for reading the item description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the "Order for Charge" button or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.
(3) I will then send you an e-mail confirmation of receipt of your order, in which your order is listed once again and which you can then print or save using the corresponding function.
(4) The purchase contract can be concluded in [English, German] language. After conclusion of the contract, the terms of the contract will be stored by us, you will then no longer have access to them.
3. Right of withdrawal
If the product intended for revocation is a custom-made product for the respective buyer, the right of revocation is excluded according to § 12 g para. 2 no. 1 BGB.
Otherwise, the following cancellation policy applies, provided that the customer is a consumer in the sense of § 13 BGB:
You have the right to revoke the contract in writing (letter, e-mail) within 14 days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have received or has received the goods. To exercise your right of withdrawal, you must inform us by means of a clear statement of your decision to withdraw from this contract.
The revocation is to be addressed to:
Sarah Müller
Alfons-Bayerer Str. 17
93049 Regensburg
Tel. no.: +49 941 78846319
4. Consequences of the revocation
In the event of an effective revocation, the services received by both parties shall be returned. If you are unable to return the received service/goods, or are only able to return them in part or in a deteriorated condition, you must compensate us accordingly. You must pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods. By "testing the quality, characteristics and functioning" we mean testing and trying out the respective goods, such as is possible and customary in a retail store.
You must return or hand over the goods to us immediately and in any case no later than within fourteen 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 fourteen days.
You shall bear the direct costs of returning the goods.
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs incurred), without delay and no later than fourteen days from the date of receipt of the cancellation. We reserve the right to refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees because of this repayment.
If you wish to revoke the contract, you have to fill out the form and send it to the address above.
5. Warranty for products
I am liable under the statutory warranty provisions for defects in quality and / or title of the products you buy from me.
6. Permitted use
(1) The Services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party rights) or for the purpose of collecting personal information or impersonating another user; (ii) modify or use our copyright, trademark or other proprietary notices or interfere with the security-related functions of our Services; (iii) use our Services in any way to tamper with or distort any Content or to undermine the integrity or accuracy of any Content or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post or download any material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware; (vii) use any robot, spider, other automatic device, or manual process to monitor/copy our or any other sites or the content contained in our Services, or use any network monitoring software to discover the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using the Services; or (ix) use these Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms.
7. Intellectual Property Rights
(1) The Services and related content (and any derivative works or enhancements thereof), including without limitation with respect to all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by me (collectively: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in connection with our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal requirements for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.
8. Disclaimer of warranties for the use of the Site and Services
The Services, my intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy, and performance of our services, among others) - except in cases of malicious non-disclosure of defects. I do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or upgrades. This does not affect the warranty for products you purchase from us as set forth in the "Warranty for Products" section above.
9. Release
You agree to defend, indemnify and hold me harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.
10. Limitation of Liability
(1) I am liable only in case of intent, gross negligence, negligent injury to life, body, health or slightly negligent breach of a material contractual obligation, and only in case of chargeable services or sale of products. A "material contractual obligation" means an obligation the performance of which is a basic requirement for the proper performance of the agreement and upon which you normally rely and may reasonably rely. My liability for slightly negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract. This does not affect our liability under the Product Liability Act or in the event that we have explicitly given a guarantee.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo).
Change of conditions and services; discontinuationI reserve the right to modify these Terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review th ese Terms periodically and, in any event, during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will reasonably consider your legitimate interests in doing so.
I will inform you about such changes in due time in advance. You will be deemed to have accepted the changes if you do not object to them within two months of such notification. We will point this out to you in our notification.If you object to the changes, we will have a special right of termination - without further obligation to you - effective on the date the changes take effect.
I may modify these Services, discontinue providing the Services or any feature(s) of the Services provided, or limit the Services. I may terminate or suspend access to the Services themselves permanently or temporarily - without cause and without further obligation. I will notify you in advance in a timely manner, if this is possible under the circumstances, and will give due consideration to your legitimate interests when taking such measures.
11. Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise noted, the linked sites are not under my control and I am not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. I am not responsible for transmissions received from any linked site. Links to third party sites are provided for informational purposes only. The fact that I have added links to other sites does not mean that we endorse their owners or their content.
12. Applicable Law
(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
Miscellaneous
(1) A waiver by either party of any breach or default hereunder shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience of reference only and shall have no legal significance.
(3) Except as otherwise expressly provided, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be stricken and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us entered into pursuant to these Terms, or any or all of your contractual rights or obligations, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms that by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous section.
Contact
To contact me, please send an email to:
Name: Sarah Müller
E-mail: hello@studiosarahmueller.com