General Terms and Conditions
I. General Terms and Conditions (GTC)
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you enter into with us, as the provider, via the Internet platform. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) When we list an item, the activation of the product page constitutes a non-binding offer to enter into a purchase contract under the terms and conditions contained on the product page (product description).
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3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order, the contract details can be printed using the browser’s print function or saved electronically. Once we receive your order, we will resend the order details, the legally required information for distance sales contracts, and the General Terms and Conditions to you via email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are set forth in the product description and the supplementary information on our website.
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5. Prices and Payment Terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed by clicking a button labeled accordingly on our website or in the respective product description, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
5.3. The payment methods available to you are listed under a button labeled accordingly on our website or in the respective product description.
Payment processing via PayPal is handled through the payment system of PayPal (Europe) S.à r.l. et Cie, S.C.A.
5.4. Unless otherwise specified for individual payment methods, payment obligations arising from the concluded contract are due immediately.
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6. Delivery Terms
6.1. The delivery terms, delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective product description.
Unless a different timeframe is specified in the product description or our delivery terms, the goods will be delivered within 3–5 days after the contract is concluded (however, in the case of agreed prepayment, only after you have issued your payment instruction).
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a shipping company not designated by the business or any other person designated to carry out the shipment.
If you are a business, delivery and shipment are at your risk.
7. Statutory Liability for Defects
7.1. Liability for defects in our goods is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. If you fail to do so
8. Kustom Terms and Conditions
8.1 Payment by Invoice and Financing
In cooperation with Kustom AB (Reg. No. 559463-5038), Torstenssonsgatan 4, 114 56 Stockholm, Sweden, we offer you purchase by invoice and installment plans as payment options. Please note that Kustom Invoice and Kustom Installment Purchase are available only to consumers and that payment must be made to Kustom in each case.
8.2 Kustom Invoice
When purchasing on account with Kustom, you always receive the merchandise first and always have a payment term of 14 days. The complete Terms and Conditions for purchase on account can be found here.
8.3 Kustom Installment Plan
With Kustom’s financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (with a minimum of €6.95). Further information on the Kustom Installment Plan, including the Terms and Conditions and the European Standard Information on Consumer Credit, can be found here.
European Online Dispute Resolution Platform
The European Commission has established an online platform for the online resolution of disputes (“ODR Platform”) between businesses and consumers. The ODR Platform is available at: https://ec.europa.eu/consumers/odr/. Cancellation Policy & Right of Cancellation
The cancellation period is 14 days, without giving any reason, starting from the day on which you or a third party designated by you—other than the carrier—took possession of the goods.
To exercise your right of withdrawal, you must notify us:
St. Martin LebensWerk gGmbH
Mühlgasse 10
02929 Rothenburg
Phone: 0173 3487035
Email: mail@manufaktur-martinshof.de
by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received, including shipping costs. This does not include any additional costs incurred because you chose a shipping method other than our cheapest standard shipping option. The refund will be issued immediately and no later than 14 days from the day we receive your notice of withdrawal. We will use the same payment method for this refund that you used for the original transaction. Under no circumstances will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without delay and, in any case, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires. You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to inspect their condition, characteristics, and functionality.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
St. Martin LebensWerk gGmbH
Mühlgasse 10
02929 Rothenburg
Phone: 0173 3487035
Email: mail@manufaktur-martinshof.de
by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not required.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract.
We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us immediately and, in any case, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires. You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
Exclusion or Premature Termination of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for which the consumer’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the consumer’s personal needs (e.g., items with custom engravings, custom text, or personalized inscriptions).
