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1.1These General Terms and Conditions (hereinafter "GTC") of Prest Studios GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the terms and conditions specified by the Seller in his online -Shop completes the goods shown. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by email.
2.3The seller can accept the customer's offer within five days,
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.
2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.
2.6Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.
2.7Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
3.1Consumers are generally entitled to a right of withdrawal.
3.2More information on the right of cancellation arises from the cancellation policy of the seller.
4.1Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment options are/will be communicated to the customer in the seller's online shop.
4.4If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.
4.5If a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal can also use the third payment service provider's services. If the seller also offers payment methods via PayPal, in which he is in advance against the customer (e.g. invoice purchase or payment in installments), he refrains from payment claims to PayPal or the payment service provider specified by PayPal and the customer. Before accepting the seller's assignment declaration, PayPal and the payment service provider commissioned by PayPal, using the transmitted customer data, conducts a credit check. The seller reserves the right to refuse the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only provide PayPal or the payment service provider commissioned by PayPal with guilt. However, the seller also remains responsible for general customer inquiries in the event of a deduction of claims. B. for goods, delivery time, shipping, returns, complaints, declarations of cancellation and provisions or credits.
4.6If the payment method is selected immediately, the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have a online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. More information about the payment method "Immediately" can be found on the Internet at https://www.klarna.com/immediately/ recall.
4.7When choosing the invoice for payment method, the purchase price is due after the goods were delivered and charged. In this case, the purchase price is to be paid within 30 (thirty) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method when the specified order volume is exceeded. In this case, the seller will indicate a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when choosing the payment method and reject this payment method with a negative credit check.
4.8When choosing the invoice for payment method, the purchase price is due after the goods were delivered and charged. In this case, the purchase price is to be paid within 14 (fourteen) days from the invoice date without deduction to Klarna, Sveafen 46,1134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method of invoice purchase provides a successful credit check by the Klarna from ahead. If the customer is permitted to buy the payment method after checking the creditworthiness, the payment is handled in cooperation with the Klarna, to which the seller assigns his payment claim. In this case, the customer can only do the KlarNA with a guilt -free effect. In addition, the general terms and conditions of Klarna apply, which the customer can call up as part of the ordering process. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method when the specified order volume is exceeded. In this case, the seller will indicate a corresponding payment restriction in his payment information in the online shop.
4.9When choosing the payment method by the invoice purchase via Masterpayment, the purchase price is due after the goods were delivered and charged. In this case, the purchase price must be paid immediately after receiving the invoice without deduction to Net-M Privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("Net-M private bank 1891 AG"). The payment method invoice purchase requires a successful credit check by the Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the customer is permitted to buy the payment method after checking the creditworthiness, the payment is handled in cooperation with NET-M Privatbank 1891 AG, to which the seller assigns his payment claim. In this case, the customer can only achieve NET-M private bank 1891 AG with a blame-free effect. The seller also remains responsible for general customer inquiries, for example, for the goods, delivery time, dispatch, returns, complaints, declarations of cancellation and encounters or creditors. The prerequisite for the perception of the payment method of invoice purchase via Masterpayment is also that the customer has reached the age of 18. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method when the specified order volume is exceeded. In this case, the seller will indicate a corresponding payment restriction in his payment information in the online shop.
4.10When selecting the "PayPal invoice" payment method, the seller will pay his payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer's "PayPal invoice" payment method in the event of a negative test result. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount within 30 days of receipt of the goods to PayPal, provided that no other payment term is given by PayPal. In this case, he can only perform on PayPal with guilt -ex -exempt effect. However, the seller also remains responsible for general customer inquiries in the event of a deduction of claims. B. for goods, delivery time, shipping, returns, complaints, declarations of cancellation and provisions or credits. In addition, the general terms of use apply for the use of PayPal's invoice purchase, visible at https://www.paypal.com/de/WebApps/mpp/UA/Pui-Terms.
4.11If you select a payment method offered via the “Klarna” payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found here:
https://prest-studios.com/policies/terms-of-service
5.1If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer at the time of payment is decisive.
5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return costs will be subject to the provisions set out in the seller's cancellation policy.
5.3If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5Pickup is not possible for logistical reasons.
5.6Vouchers are provided to the customer as follows:
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1If the customer acts as an entrepreneur,
7.2The liability limitations and shortened deadlines regulated above do not apply
7.3In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.
7.4If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.5If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8.1Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8.2Promotional vouchers can only be redeemed by consumers.
8.3Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the campaign voucher.
8.4Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
8.5Only one promotional voucher can be redeemed per order.
8.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.7If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.
8.8The balance of a promotional voucher will neither be paid out in cash nor interest.
8.9The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.10The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
9.2Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
9.4Only one gift voucher can be redeemed per order.
9.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
9.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7The credit of a gift voucher is neither paid out in cash nor interest.
9.8The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.
12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/Consumers/ODR
This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
12.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.
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