General Terms and Conditions (GTC) – Suave Design Shop

This document is drafted to comply with German distance selling regulations (BGB) and common EU consumer protection directives, covering your print-on-demand model and customer-friendly policies.

Scope and Contractual Partner

1. These General Terms and Conditions (GTC) apply to all contracts concluded between Suave Design Shop (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) via the online shop http://suavedesign.shop.

2. Seller:

   • Suave Design Shop

   • Legal Address: Kaiser Wilhelm Straße 5b, 82319 Starnberg, Germany

   • Customer Service Email: admin@suavedesign.shop

3. The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be attributed primarily to their commercial or independent professional activity.

Conclusion of Contract

1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

2. By clicking the “Place Order” or similar button, the Customer submits a binding offer to purchase the goods in the shopping cart.

3. The contract is concluded when the Seller accepts the Customer’s order by sending a separate order confirmation via email or by shipping the goods.

Prices and Payment Conditions

1. All prices stated on the Seller’s website are gross prices and include the statutory German value-added tax (VAT) and other price components. Shipping costs are added and displayed separately during the ordering process.

2. Payment can be made using the methods offered in the online shop (e.g., credit card, PayPal).

3. The Customer agrees that invoices may be sent electronically.

Production, Delivery, and Shipping (Print-on-Demand Model)

1. The Seller operates on a print-on-demand business model. The ordered products are only produced after the order has been placed and paid for. This production and subsequent delivery are handled by a third-party service provider.

2. Delivery times indicated are estimates and begin upon receipt of payment and successful production. Any delay due to production bottlenecks or shipping issues by third parties will be communicated to the Customer immediately.

3. Delivery Delay/Bad Experience Compensation: In line with our customer commitment, if a delivery is significantly delayed or the Customer experiences a verifiable bad experience during the buying process due to our fault (or the fault of our contractual partners), the Seller agrees to provide appropriate compensation (e.g., a discount code, partial refund). This compensation is entirely at the discretion of the Seller and does not create a general right to damages beyond the statutory warranty rights.

4. The risk of accidental loss and accidental deterioration of the product is transferred to the Customer when the product is handed over to the shipping company, provided the Customer is an entrepreneur. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item only passes to the Customer upon handover of the item to the Customer or a recipient designated by the Customer.

Right of Withdrawal (Widerrufsrecht for EU Consumers)

1. Consumers in the EU generally have a statutory right of withdrawal of 14 days from the day they, or a third party named by them, received the goods.

2. Exclusion of the Right of Withdrawal: Since our products are generally custom-made (produced only upon order/customer specification via the print-on-demand model), the statutory right of withdrawal may be excluded under § 312g para. 2 no. 1 of the German Civil Code (BGB) for contracts for the supply of goods which 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.

3. Seller’s Policy: Despite the potential legal exclusion for custom-made goods, the Seller generally offers a 30-day voluntary return period for non-faulty, unworn, and unwashed items, provided they are not considered “clearly tailored to personal needs” (e.g., highly custom designs). The Seller reserves the right to reject returns of highly personalized items. The Customer must contact the Seller before returning any item.

Returns, Refunds, and Warranty

1. Warranty for Defects (Statutory Rights): The statutory warranty rights under German law apply. The Seller is liable for material defects and defects of title in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

2. Replacement of Damaged/Defective Products: We only replace items if they are defective, damaged, or incorrectly printed/shipped due to an error on our part or the fault of our print-on-demand provider/shipper.

   • In the event of a damaged or defective product, the Customer must notify us via admin@suavedesign.shop or our website contact form within 30 days of receipt and provide clear photographic evidence of the defect.

   • The Seller will arrange for a replacement product to be sent at no extra cost to the Customer. If a replacement is not possible, a full refund will be granted.

3. No Return for Dislike/Fit Issues (Non-Defective): We do not accept returns or offer refunds for products that have been properly delivered, are free of defects, and are as described. This includes cases where the Customer simply does not like the product or ordered the wrong size/color. The risk of ordering the incorrect size or not liking the design falls to the Customer.

4. Return Procedure for Approved Returns (e.g., Defective):

   • To complete a return for a defective item, a receipt or proof of purchase is required.

   • The Seller will provide instructions for returning the product. Do not send the purchase back to the sender address without prior authorization.

   • For defective items, the Seller will cover the return shipping costs.

5. Refunds for Defective/Delayed Orders: Refunds will be processed within 14 days of the defect notification or agreement on compensation, applying a credit to the original method of payment.

Liability

1. The Seller is liable without restriction for damages arising from injury to life, body, or health, as well as for damages based on intent or gross negligence by the Seller, its legal representatives, or vicarious agents.

2. In the event of simple negligence, the Seller is only liable for the violation of an essential contractual obligation (cardinal obligation). Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance the Customer regularly relies and may rely. Liability is limited to the typically foreseeable damage.

3. Liability under the German Product Liability Act remains unaffected.

Dispute Resolution

1. The EU Commission provides an online platform for out-of-court dispute resolution (OS platform), available at http://ec.europa.eu/odr.

2. The Seller is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

Final Provisions

1. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer and has their habitual residence in another EU Member State, the application of mandatory legal provisions of that state remains unaffected by the choice of law made in sentence 1.

2. Should individual provisions of these GTC be ineffective, the validity of the remaining provisions remains unaffected.

3. The exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

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