General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Granting Rights of Use for Digital Content
7. Reservation of Proprietary Rights
8. Warranty
9. Special Conditions for the Processing of Goods According to Client's Specification
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Jana Hoffmann
Laser Creation-World (hereinafter referred to as "Seller”) shall apply to all contracts
concluded between a consumer or a trader (hereinafter referred to as "Client”) and the
Seller relating to 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 supply of digital content, unless expressly
agreed otherwise. Digital content within the meaning of these GTC is data that is
created and provided in digital form.
1.3 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless
expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity.
1.5 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 his
commercial or independent professional activity.
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2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart. The Client may also
submit his offer to the Seller by e-mail, per online contact form or telephone.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is
decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, 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/useragreementfull?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the
Terms for payments without a PayPal account, available at
https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by
means of a method of payment offered by PayPal which can be selected in the online
order process, the Seller hereby declares the acceptance of the Client's offer at the time
when the Client clicks on the button concluding the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract
is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller
shall not make the contract text accessible beyond this. If the Client has set up a user
account in the Seller's online shop prior to sending his order, the order data shall be
stored on the Seller's website and can be accessed by the Client free of charge via his
password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an
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effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
2.7 The German and the English language are exclusively available for the conclusion of
the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction
on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total
prices including the statutory sales tax. Delivery costs, where appropriate, will be
indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
shop .
4.3 In case of delivery to countries outside the European Union, additional costs may
incur in individual cases for which the Seller is not responsible and which have to be
borne by the Client. This includes for example transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
costs regarding money transfer may also incur, if delivery is not made in a country
outside the European Union and the Client carries out the payment from a country
outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately
after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If a payment method offered via the payment service "mollie" is selected, the
payment transaction is processed via the payment service provider Mollie B.V.,
Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter referred to as
"mollie"). The individual payment methods offered via mollie are communicated to the
Client in the online shop of the Seller. For the processing of payments, mollie may make
use of other payment services, for which special payment conditions may apply, which
the Client will be informed about separately if necessary. Further information about
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"mollie" is available on the Internet at https://www.mollie.com/en/privacy
4.6 If the payment method "immediate bank transfer" is selected, payment processing
is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339
Munich (hereinafter referred to as "SOFORT"). If he wants to be able to pay the invoice
amount via “immediate bank transfer,” the Client must have an online banking account
that is activated for participation in “immediate bank transfer”. Furthermore he must
have the appropriate credentials during the payment process, and must confirm the
payment instruction to SOFORT. The payment transaction will be executed immediately
afterwards and the Client’s bank account debited accordingly. Further information on
the payment method “immediate bank transfer” can be called up by the Client at
https://www.klarna.com/sofort/.
4.7 If a payment method offered via the payment service "Klarna" is selected, the
payment will be processed via Klarna Bank AB (https://www.klarna.com/international/,
Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information
and Klarna's terms and conditions can be found here:
https://www.diorama-world.com/en/l/shipping
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall 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 shall be 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 shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client's control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods himself, the Seller informs 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 Digital content will be provided to the Client exclusively in electronic form as
follows:
- by e-mail
- via download
5.5 Vouchers will be provided to the Client as follows:
- by e-mail
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5.6 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 nonsupply and if he has 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 he shall inform the Client and grant him immediately
counterperformance.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's
online shop, the Seller grants the client the non- exclusive right, unlimited in relation to
place and time, to use the contents supplied exclusively for private purposes.
6.2 The transmission of content to third parties or the production of copies to third
parties in a way not covered by the GTC is prohibited, unless the Seller has consented to
the transfer of the contractual license to third parties.
6.3 The granting of rights shall become effective only when the Client has fully paid the
contractually owed remuneration. The Seller may also grant provisional permission to
use the contractual content before this date. Such provisional authorization does not
constitute a transfer of rights.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
8) Warranty
8.1 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:
8.2 If the Client acts as 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.
8.3 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
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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.
8.4 Furthermore, for traders, the statutory limitation periods for any statutory right of
recourse that may exist shall remain unaffected.
8.5 If the Client is a businessperson pursuant to section 1 of the German Commercial
Code (HGB) he has 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.
8.6 If the Client acts as a consumer, the forwarding agent has to be immediately
notified of any obvious transport damages and the Seller has to be informed
accordingly. Should the Client fail to comply therewith, this shall not affect his statutory
or contractual claims 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 he has the right to use the content
provided to the Seller. In particular, he 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.
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10) Redemption of Gift Vouchers
10.1 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.
10.2 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.
10.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure.
Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase
of other gift vouchers.
10.6 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.
10.7 The gift voucher credit will not be redeemed in cash and is not subject to any
interest.
11) Applicable Law
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 his habitual residence.
12) Alternative dispute resolution
12.1 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.
12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
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