Terms and Conditions
The following Terms and Conditions (T&Cs) govern the sale of products and services by Manuel Propp, Poststr. 35, 49477 Ibbenbüren, Germany, Phone: +49 (0)176-60984828, Email: kontakt@geht-mir-auf-den-pinsel.de, hereinafter referred to as the "Provider", via the online shop at https://geht-mir-auf-den-pinsel.de.
§ 1 Scope of Application
(1) These T&Cs apply to all contracts concluded between the Provider and both private customers (within the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online shop.
(2) Deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.
(3) The range of products offered includes: Decorative items, clothing, and accessories.
(4) The range of services offered includes: Vehicle refinement and the enhancement of decorative objects.
§ 2 Conclusion of Contract
(1) The contract is concluded with the Provider: Manuel Propp, Poststr. 35, 49477 Ibbenbüren, Germany.
(2) The contractual and negotiation language is German (with translations provided for convenience).
(3) The offers are directed exclusively at customers with a delivery address within the following countries or regions: entire EU, Great Britain, Switzerland, and USA.
(4) The customer must be at least 18 years old.
(5) The presentation of products and services in the online shop does not constitute a legally binding offer, but an invitation to place an order. The customer makes a binding offer by going through the ordering process and clicking the "Place binding order" button at the end. The receipt of the order is confirmed by an automatic email, which does not yet constitute acceptance of the offer. The purchase contract is only concluded through an express confirmation of acceptance via email or by the dispatch of the goods or the provision of the service.
(6) Orders exceeding standard household quantities require the express consent of the Provider.
(7) Order data is stored after the conclusion of the contract and can be viewed in the customer login area.
§ 3 Right of Withdrawal
(1) Cancellation Policy for Private Customers
The customer has the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the customer or a third party named by them, who is not the carrier, has taken possession of the final goods.
To exercise the right of withdrawal, the customer must inform the Provider, Manuel Propp, Poststr. 35, 49477 Ibbenbüren, Germany, by means of a clear statement (e.g., a letter sent by post or an email) of their decision to withdraw from the contract.
The customer may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the customer to send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
(2) Consequences of Withdrawal
If the customer withdraws from the contract, the Provider shall refund all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by the Provider), without delay and at the latest within fourteen days from the day on which the Provider received the notification of withdrawal.
For this repayment, the Provider will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment.
The Provider may refuse repayment until they have received the goods back or until the customer has provided proof that they have sent the goods back, whichever is earlier.
The customer must return or hand over the goods to the Provider immediately and in any case no later than fourteen days from the day on which they inform the Provider of the withdrawal from this contract.
The customer bears the direct cost of returning the goods.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary to check the condition, properties, and functionality of the goods.
Model Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and return it:
Manuel Propp, Poststr. 35, 49477 Ibbenbüren, Germany
I/we hereby withdraw from the contract concluded by me/us regarding:
- the purchase of the following goods/services:
- Ordered on/received on:
- Name of the consumer(s):
- Address of the consumer(s):
- Date:
- Signature of the consumer(s) (only for notification on paper):
(3) Right of Withdrawal for Business Customers
Business customers (within the meaning of § 14 BGB) do not have a statutory right of withdrawal.
§ 4 Exclusion of the Right of Withdrawal
(1) 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 choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (custom/bespoke items).
(2) The right of withdrawal does not apply to contracts for the provision of services if the Provider has fully provided the service and only began the execution after the consumer gave their express consent.
§ 5 Prices and Shipping Costs
(1) All prices stated do not include VAT in accordance with § 19 UStG (German Small Business Regulation).
(2) The prices stated are exclusive of the respective shipping costs, unless expressly stated otherwise.
(3) In the event of pricing errors, the Provider will contact the customer before shipping to discuss the correct price or cancellation.
(4) The prices stated at the time of the order apply.
§ 6 Customs
(1) For orders delivered outside the European Union, import duties and taxes may be incurred once the package reaches the destination. These additional charges must be borne by the customer; the Provider has no influence over these charges.
(2) The customer is considered the importer of record and must comply with all laws and regulations of the country in which the products are received.
§ 7 Terms of Payment
(1) Payment of the purchase price is due upon conclusion of the contract.
(2) Prepayment: The full invoice amount must be transferred within 3 working days.
(3) PayPal: The customer is redirected to PayPal to complete the transaction.
(4) Maestro: Data is entered during the order; debiting occurs after dispatch.
(5) Credit Card: Data is entered during the order; debiting occurs after dispatch.
(6) Gift Card: Payment via a valid Provider gift card.
(7) Google Pay: Payment via Google Pay confirmation.
(8) The invoice is sent via email or post upon dispatch.
(9) In case of default, the Provider is entitled to claim damages (e.g., late fees, interest).
(10) Payment by sending cash or cheques is not possible.
§ 8 Retention of Title
(1) The delivered goods remain the property of the Provider until full payment has been received.
(2) The customer is obliged to handle the goods with care while they are subject to retention of title.
(3) The customer must notify the Provider immediately in writing if the goods are seized by third parties.
§ 9 Delivery, Cancellation, and Shipping
(1) The delivery time is approximately 4 working days, unless otherwise stated.
(2) Unless otherwise agreed, delivery is made to the address provided by the customer.
(3) If products are unavailable, the customer will be informed immediately via email.
(4) Delivery depends on the chosen payment method (Prepayment = after receipt of payment).
(5) Separate shipping confirmations may be sent for multiple packages.
(6) Orders can be cancelled free of charge until dispatch.
(7) Partial deliveries are permitted if reasonable for the customer.
(8) If delivery fails due to the customer's fault, the Provider may withdraw from the contract.
(9) If the Provider is unable to deliver due to supplier failure, they are entitled to withdraw.
(10) Delivery times extend appropriately in cases of force majeure (e.g., natural disasters, war, strikes).
(11) The Provider is not liable for delays beyond their control.
§ 10 Transport Damage
(1) If goods are received with obvious transport damage, please complain to the deliverer immediately and contact us without delay.
(2) Failure to complain does not affect statutory warranty rights but helps the Provider claim against the carrier.
§ 11 Warranty
(1) Warranty for Private Customers
Warranty rights are governed by statutory regulations (two years from delivery in the EU).
(2) Used Goods
For used goods, the warranty period may be shorter than two years.
(3) Warranty for Business Customers
The warranty period for business customers is one year. The Provider reserves the right to choose the type of supplementary performance.
§ 12 Liability (for Private Customers)
This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).
(1) If the customer is a consumer, liability shall be governed by the statutory provisions.
(2) The Provider's liability for contractual breaches of duty as well as in tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, limb, or health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations), or in the event of compensation for damages caused by delay pursuant to § 286 BGB. In this respect, the Provider is liable for every degree of fault.
(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance the customer may regularly rely.
(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the Provider.
(5) The Provider accepts no responsibility for the content and accuracy of the information in the registration and profile data of customers or other content generated by customers.
(6) Claims for damages are limited to the foreseeable, contract-typical damage. In the event of delay, the maximum liability is 5% of the order value.
(7) Claims for damages based on injury to life, body, or health become statute-barred after 30 years; all other claims for damages become statute-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware without gross negligence (§ 199 Para. 1 BGB).
(8) The Provider is entitled to check texts created and files uploaded by customers for compliance with statutory regulations and legal provisions. In the event of violations, the Provider reserves the right to remove this content in whole or in part if necessary.
(9) Liability under the Product Liability Act remains unaffected.
§ 13 Liability (for Business Customers)
This liability clause applies exclusively to business customers (within the meaning of § 14 BGB).
(1) The Provider's liability for contractual breaches of duty as well as in tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, limb, or health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations), or in the event of compensation for damages caused by delay pursuant to § 286 BGB. In this respect, the Provider is liable for every degree of fault.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance the customer may regularly rely.
(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the Provider.
(4) The Provider accepts no responsibility for the content and accuracy of the information in the registration and profile data of customers or other content generated by customers.
(5) Claims for damages are limited to the foreseeable, contract-typical damage. In the event of delay, the maximum liability is 5% of the order value.
(6) Claims for damages based on injury to life, body, or health become statute-barred after 30 years; all other claims for damages become statute-barred after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware without gross negligence (§ 199 Para. 1 BGB).
(7) The Provider is entitled to check texts created and files uploaded by customers for compliance with statutory regulations and legal provisions. In the event of violations, the Provider reserves the right to remove this content in whole or in part if necessary.
(8) Liability under the Product Liability Act remains unaffected.
§ 14 Data Protection
(1) The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The Provider undertakes to treat the data of customers confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation.
(2) The customer has the right to receive information about the data stored about them free of charge at any time, as well as to request its correction, deletion, or restriction of processing.
(3) Further information on data protection can be found in the Provider's Privacy Policy.
§ 15 Offsetting and Right of Retention
(1) The customer is only entitled to offset if their counterclaim has been legally established or is undisputed by the Provider.
(2) The customer can only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
§ 16 Special features for digital products and services
(1) Digital products are generally made available to the customer by download or email. The customer receives the corresponding access data or download links after receipt of payment.
(2) Statutory liability for defects applies to digital products. In the event of a defect, the customer has the right to supplementary performance, i.e., removal of the defect or delivery of a defect-free product.
(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider accepts no liability for malfunctions or damage resulting from a lack of technical requirements on the part of the customer.
(4) For services that are not provided in the form of physical products or digital content, the statutory provisions on the service contract regulations (§§ 611 ff. BGB) apply.
(5) The customer undertakes to provide all necessary cooperative actions in a timely and complete manner within the scope of the use of services. If the customer does not comply with this obligation, the Provider may charge for the additional expense incurred as a result.
§ 17 Rights of use for digital content
(1) With the purchase of a digital product, the customer receives a simple, non-transferable, temporally unlimited right of use for the acquired content, unless something else has been agreed.
(2) The customer is not entitled to reproduce, distribute, or make the digital content publicly accessible unless this is expressly permitted by contract.
(3) All copyrights remain with the Provider or the respective rights holder.
§ 18 User account
(1) The customer is obliged to provide complete and truthful information when registering and creating a user account. The customer must keep their access data (username and password) secure and protect it from access by third parties. The Provider is not liable for damages resulting from the misuse of access data, provided the Provider is not responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and can lead to the blocking or deletion of the user accounts.
(2) The customer is obliged to update changes to their personal data, in particular contact and payment data, immediately in the user account. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.
(3) The Provider reserves the right to block or delete the user account if there are indications of abusive use, the customer violates these T&Cs, or the customer has provided incorrect information during registration. The customer can request the deletion of their user account at any time. The Provider will delete the user account and all associated data immediately, provided that there are no statutory retention obligations. After the deletion of the user account, the customer can only create a new user account by registering again.
(4) The Provider endeavors to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g., force majeure) cannot be excluded. The Provider is not liable for damages caused by temporary unavailability of the user account, unless the Provider is responsible for the unavailability.
(5) The Provider reserves the right to change, expand, or restrict the functions and content of the user account at any time. Changes to this clause will be notified to the customer by email at least four weeks before they take effect. If the customer does not object to the changes within four weeks after receipt of the notification of change, the changes are deemed to have been accepted. The Provider will separately point out this legal consequence to the customer in the notification of change.
§ 19 Changes to the T&Cs
(1) The Provider reserves the right to change these T&Cs at any time with effect for the future.
(2) The changes will be communicated to the customer by email at least four weeks before they take effect.
(3) If the customer does not object to the changes within four weeks after receipt of the notification of change, the changes are deemed to have been accepted. The Provider will separately point out this legal consequence to the customer in the notification of change.
§ 20 Force Majeure
(1) Events of force majeure that make delivery significantly more difficult or impossible for the Provider entitle the Provider to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
(2) Force majeure includes all events that are outside the Provider's sphere of influence and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions through no fault of the Provider.
§ 21 Transfer of Contract
(1) The Provider is entitled to transfer their rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
(2) In this case, the customer has the right to terminate the contract with immediate effect.
§ 22 Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the Provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business.
§ 23 Online Dispute Resolution and participation in a conciliation procedure
The European Commission provides a platform for online dispute resolution (OS), which can be reached at https://www.ec.europa.eu/consumers/odr. The Provider is willing to participate in an out-of-court conciliation procedure before a consumer arbitration board.
§ 24 Additional Agreement
In the event of withdrawal, the goods must be unused, undamaged, and in their original packaging. In the event of withdrawal, I will only refund the pure value of the goods excluding the shipping costs incurred.
§ 25 Final Provisions
(1) The contractual language is German.
(2) The Provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or guardian.
(3) Should individual provisions of these T&Cs be or become invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
(4) Amendments or supplements to these T&Cs must be made in writing. This also applies to the cancellation of this written form requirement.
(5) The Provider reserves the right to make changes to the website, rules, conditions, including these T&Cs, at any time. Your order is subject to the terms of sale, contractual terms, and T&Cs in force at the time of your order, unless a change to these terms is required by law or official order (in which case they also apply to orders you have previously placed).
(6) There are no verbal collateral agreements. Amendments or supplements to this agreement must be made in writing.