General Terms & Conditions

§ 1 Scope and Provider

  1. These General Terms and Conditions (GTC) apply to all orders placed with the online shop of www.marispyperstudios.com:

    MARISPYPER STUDIOS
    Kottbusser Damm 81
    10967 Berlin
    Germany

  2. Our deliveries, services, and offers are exclusively subject to these General Terms and Conditions. These terms also apply to all future business relations with companies, even if not expressly agreed upon again. We hereby expressly object to any conflicting terms and conditions provided by customers.

  3. The contract language is English.

  4. You can retrieve and print the currently valid General Terms and Conditions on our website [www.marispyperstudios.com]. The contract text is not stored by us.

§ 2 Conclusion of Contract

  1. The presentation of goods in the online shop is a non-binding invitation to order and does not constitute a binding offer to conclude a purchase contract.

  2. By clicking the ["Buy"] button, you make a legally binding offer to purchase (§ 145 BGB). Before submitting your order, you can review and correct it if necessary.

  3. After receiving your purchase offer, we will send you an automatically generated email confirming receipt of your order (confirmation of receipt). This confirmation does not yet constitute acceptance of your purchase offer.

  4. A purchase contract is only concluded when we either explicitly accept your purchase offer (order confirmation) or ship the goods to you without prior express declaration of acceptance. If multiple alternatives occur, the contract is concluded at the time of the first occurrence. Your request can only be accepted up to the point in time when you can reasonably expect a response under normal circumstances (§ 147 para. 2 BGB).
    Exception: For advance payment and PayPal, the order is accepted immediately upon your order submission.

§ 3 Prices

The listed prices are final prices plus shipping costs. Pursuant to § 19 UStG, we do not charge or display VAT due to our small business status (Kleinunternehmerregelung).

§ 4 Terms of Payment; Default

  1. Payment methods available are:

    • Credit card

    • PayPal

  2. We reserve the right to determine which payment methods are available for each transaction. For example, we may offer prepayment to mitigate credit risk.

  3. For credit card payments, the purchase amount is reserved on your card at the time of order (authorization). Your card is charged only when the goods are shipped.

  4. For PayPal payments, you will be redirected to PayPal during the ordering process. To complete payment, you must log into your PayPal account, confirm the payment, and follow the instructions provided during checkout. The payment transaction is processed automatically by PayPal after the order submission.

§ 5 Delivery; Retention of Title

  1. Unless otherwise agreed, goods are delivered from our warehouse to the address you specify.

  2. We ship worldwide, but only in quantities typical for household use.

  3. Ownership of the goods remains with us until the purchase price is fully paid.

  4. We are not obliged to deliver the ordered goods if we have properly ordered them ourselves but have not received timely or correct delivery (congruent hedging transaction). This applies only if we are not responsible for the unavailability and have informed you promptly. In such cases, we will immediately refund any payments made. We do not assume the procurement risk for generic goods or items described by type and characteristics.

§ 6 Cancellation Policy

Right of Withdrawal
If you are a consumer as defined by § 13 BGB (i.e., you make the purchase for purposes not predominantly related to your trade or profession), you have a right of withdrawal as outlined below:

  • You can withdraw from this contract within 14 days without giving any reason.

  • The withdrawal period is 14 days from the day you or a third party you designate (not the carrier) receive the goods.

To exercise your right of withdrawal, you must inform us by sending a clear declaration (e.g., a letter or email) to: design@marispyperstudios.com

Consequences of Withdrawal:

  • We will refund all payments received from you (excluding delivery costs) without undue delay and no later than 14 days after receiving your withdrawal notification.

  • Refunds will be processed using the same payment method you used, unless expressly agreed otherwise.

  • We may withhold the refund until we have received the goods back or you have provided proof of return.

You must return the goods to us within 14 days of notifying us of the withdrawal. You will bear the direct costs of returning the goods. Goods must be returned in original packaging whenever possible to avoid claims for damages.

§ 7 Damage in Transit

  1. If goods are delivered with visible transport damage, please report this immediately to the delivery person and contact us as soon as possible.

  2. Failure to report such damage does not affect your statutory warranty rights but helps us assert claims against the carrier or insurer.

§ 8 Warranty

  1. Your warranty claims are governed by statutory provisions (§§ 433 ff. BGB).

  2. If you are a consumer (§ 13 BGB), the warranty period for used goods is limited to one year. This does not apply to claims for damages due to injury to life, limb, health, or gross negligence/intent.

  3. For all other cases, the statutory two-year limitation period applies (§ 438 (1) No. 3 BGB).

§ 9 Liability

  1. We are liable without limitation for intent, gross negligence, and damages resulting in injury to life, limb, or health.

  2. For slight negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable damages typical for the contract.

§ 10 Alternative Dispute Resolution

  1. The EU provides an online platform for resolving disputes without court involvement, available at:
    http://ec.europa.eu/consumers/odr/

  2. While we strive to resolve disputes amicably, we are not obligated to participate in arbitration proceedings and do not currently offer such services.

§ 11 Final Provisions

  1. If any provision of these GTC is found to be invalid, the remaining provisions remain unaffected.

  2. Contracts between us and you are governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection laws in your country of residence remain unaffected.

  3. For merchants, legal entities under public law, or special funds under public law, our place of business is the agreed place of jurisdiction for all disputes arising from this contract.

Status: November 2024