Legal

General Terms and Conditions

§ 1 Scope, definitions

(1) Friederike Eimers, Kreativfreunde, Heinrich-Zille-Weg 8, 47447 Moers, Germany (hereinafter: "we" or "Kreativfreunde") operates an online shop for goods at the website https://www.kreativfreunde.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless expressly agreed otherwise.

(2) A "consumer" within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed via our online shop at https://www.kreativfreunde.com.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) The following provisions apply when an order is received in our online shop: the customer submits a binding offer to conclude a contract by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

selection of the desired goods,
adding the products by clicking the corresponding button (e.g. "Add to basket", "Add to shopping bag" or similar),
checking the details in the basket,
opening the order overview by clicking the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "To order overview" or similar),
entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and the withdrawal instructions and, for products with a rental kit, confirming the rental terms,
if the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
completion of the order by clicking the "Buy now" button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us at the email address provided within three working days. If you choose a payment method where payment is already initiated during the ordering process (PayPal, credit card, Apple Pay or Klarna), the contract is concluded as soon as this payment transaction is completed.

(4) If a contract is concluded, it is concluded with Friederike Eimers, Kreativfreunde, Heinrich-Zille-Weg 8, 47447 Moers, Germany.

(5) Before placing the order, the contract data can be printed using the browser's print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the withdrawal instructions, is carried out by email after you have placed the order, partly automatically. We store the contract text after the contract has been concluded. It is then no longer accessible to you via the online shop, but you will receive it by email with the order confirmation. You can find the current version of our terms and conditions in our online shop. No customer account is required to place an order.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by cancelling the ordering process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

the sale of goods. You can find the specific goods offered on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly pointed out in the product description (negative quality agreement). Where the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

(3) We produce personalised goods individually according to your specifications, for example names, date, custom texts and font. Please check your details carefully before submitting the order. We accept no liability for errors in the details you submit.

(4) For certain products, for example Guest Walls and the Wedding Ritual, we provide you with a tool set (rental kit) for the duration of your event. The respective product page states whether a rental kit is included with the product. The rental kit remains our property and must be returned to us after the event. The provision of the rental kit is additionally governed by our Rental terms.

(5) Some of our products are handmade and partly made of natural materials such as wood. Variations in grain, colour and texture as well as small differences between individual pieces are therefore due to the material and do not constitute a defect. Colours and representations in product photos may differ slightly from the original depending on the screen.

(6) If you provide us with your own content for personalisation, for example logos, fonts, graphics or texts, you warrant that you are entitled to use it and that no third-party rights are infringed. If third parties make claims against us due to such an infringement, you shall indemnify us against these claims insofar as you are responsible for the infringement.

§ 4 Prices, shipping costs and delivery

(1) The prices stated in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately. We currently offer the following payment methods: PayPal, credit card, Apple Pay, Klarna (for example purchase on account) and bank transfer in advance. For bank transfer in advance, please transfer the invoice amount within seven days of conclusion of the contract to the account stated in the order confirmation. For products with a rental kit, we will reserve your date for you during this time. When paying via Klarna, please pay any outstanding amounts exclusively to Klarna and not to us.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs are clearly communicated to you again in the offers, in the basket system where applicable and in the order overview.

(4) The delivery time is stated on the respective product page. Unless stated otherwise there, it is 3 to 5 working days after receipt of payment or, for purchase on account, after receipt of the order. We ship rental kits belonging to products separately so that they reach you two to three days before your event. Further information can be found in our Shipping and Payment Terms.

(5) The following delivery area restrictions apply: delivery is made to the following countries: Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus.

(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. With regard to the costs of the outbound shipment, this does not apply if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the return costs are governed by the provisions set out in our withdrawal instructions.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you generally have a right of withdrawal. This is governed by our Right of withdrawal. The right of withdrawal does not apply to goods that are made to your specifications or are clearly tailored to your personal needs, for example personalised Guest Walls.

§ 7 Contract language

The only contract language available is German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence.

(2) In the case of slight negligence, we are liable without limitation for injury to life, body or health or for breach of a material contractual obligation. If, due to slight negligence, we are in default with performance, if performance has become impossible or if we have breached a material contractual obligation, liability for resulting property damage and financial loss is limited to the foreseeable damage typical for this type of contract . A material contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to act and to perform the contractually owed service described in § 3.

§ 9 Warranty/customer service

(1) The warranty is governed by the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this naturally has no effect on your statutory warranty claims.

(4) Our customer service for questions, complaints and claims is available to you Monday to Friday by email at info@kreativfreunde.com and by telephone and WhatsApp on +49 2841 6086244.

§ 10 Copyright

All content of our online shop, in particular photos, texts, graphics, product designs and logos, is protected by copyright and belongs to us or the respective rights holders. Reproduction, editing or use, for example on other websites or on social networks, is not permitted without our prior consent.

§ 11 Gift vouchers and promotional codes

(1) We issue promotional codes (discount codes) as part of promotions or via cooperation partners. They are only valid during the stated period and only for orders in our online shop. Only one promotional code can be redeemed per order and it cannot be combined with other promotional codes. Unless stated otherwise, promotional codes are not transferable and cannot be paid out in cash.

(2) You can buy gift vouchers in our online shop. They are valid for three years. The period begins at the end of the year in which the gift voucher was purchased. Gift vouchers can be redeemed during the ordering process until they expire, including in several partial amounts. Any remaining balance is retained. If the balance is not sufficient for an order, the difference can be paid using one of the payment methods offered. Cash payment is excluded. Gift vouchers cannot be used to purchase further gift vouchers.

(3) Gift vouchers and promotional codes must be kept safe. We accept no liability for loss or theft of the code unless we are responsible for it.

§ 12 Data protection

Information on the processing of your personal data can be found in our privacy policy.

§ 13 Final provisions/dispute resolution

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favourability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

(4) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(5) Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected.