Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all contracts, deliveries and other services between

STUDIO MALÉ Pickart & Popken GmbH

Sternstrasse 21

D - 80538 Munich

legally represented by the managing directors Manuela Pickart and Lisa Popken

Tax number:	143/571/90968
VAT ID No.:	DE319692831
Commercial Register:	Munich District Court

and you as a customer. We hereby expressly object to any deviating conditions of the contractual partner, unless we have expressly agreed to these conditions.

2. Conclusion of contract

2.1 Our offers are non-binding and subject to availability. Deviations and technical changes compared to our illustrations or descriptions are possible, provided that this is reasonable for the customer.

2.2 By clicking the "Buy" button, you place a binding order (offer within the meaning of Section 145 of the German Civil Code) for the goods in the shopping cart. The purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receiving your order.

3. Inspection of the contract text

Your individual contract data will be saved as part of the order. The order data entered when placing your order will be sent to you via the order confirmation by email. You can view the general terms and conditions at any time at www.shop-arrabbiata.com. If you have registered for an order, you also have the option of retrieving the data you entered when placing the order at www.shop-arrabbiata.com under "My Account".

4. Delivery and payment

4.1 All prices include VAT and packaging plus shipping costs and any applicable customs duties (only for deliveries to non-EU countries).

4.2 Delivery is made via PayPal, credit card (Mastercard and Visa) or ApplePay. The payment amount is due within five days of conclusion of the contract. If you pay by credit card, your account will be debited when the goods are dispatched at the earliest.

4.3 If you are late with your payment, we can claim default interest at the statutory rate. However, you are permitted to provide evidence to the contrary that we have suffered less or no damage at all due to the delay than that claimed by us. Delivery will be made ex warehouse to the address specified by the customer.

4.4 The goods will be dispatched within approximately three working days. Delays can be found either on the product page or we will inform you by email or telephone. We reserve the right to make a partial delivery if this appears advantageous for a speedy processing and if this is reasonable for you. Any subsequent deliveries resulting from this are free of charge for you. Delivery by us is subject to the correct and timely delivery by our suppliers. If our suppliers do not supply us with the ordered goods despite contractual obligations, we are entitled to withdraw from the contract with the customer. In this case, we will inform the customer immediately that the ordered goods are not available. Any purchase price already paid by the customer will be refunded immediately. The aforementioned right of withdrawal only applies to us if we are not responsible for the impediment to performance.

4.5 Shipping costs within Germany are usually €6.90. Shipping costs to other EU countries (Belgium, Netherlands, Austria, France, Italy, Spain) are usually €13.99.

When shipping to non-EU countries (e.g. Switzerland), customs fees may be charged to the recipient. Please contact your local customs authority for more information.

5. Warranty

5.1 The statutory liability for defects applies.

5.2 In the case of used items, claims for defects are excluded if the defect only becomes apparent after one year has passed since delivery of the item. If the defect becomes apparent within one year since delivery of the item, claims for defects can be asserted within the statutory limitation period of two years since delivery of the item. The above restriction does not apply:

– damages caused by us due to culpable injury to life, body or health and other damages caused intentionally or through gross negligence;
– if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item.

5.3 As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

5.4 If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion by repairing or replacing the goods. If the repair of the defect fails, you can request a reduction in price or withdraw from the contract at your discretion. The repair of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

– damages caused by us due to culpable injury to life, body or health and other damages caused intentionally or through gross negligence;
– if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
– in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.

6. Transport damage

Transport damage visible from the outside must be reported to the supplier immediately upon receipt of the goods: you can refuse acceptance or only accept them with reservations and note this on the delivery note. Please inform us immediately afterwards of any transport damage you have found. 

Hidden transport damage (i.e. damage that cannot be seen from the outside) and defects must be reported in writing within 7 days.

7. Retention of title

The goods remain the property of Studio Malé Pickart & Popken GbR until full payment has been made.

8. Liability

8.1 If claims for damages are made against us, we are liable for intent or gross negligence, including the intent or gross negligence of our legal representatives or vicarious agents. In other cases, except in the case of intent or gross negligence, our liability is limited to the foreseeable damages that typically occur at the time of conclusion of the contract.

8.2 We shall only be liable for slight negligence if we breach an obligation whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligation).

8.3 Unless otherwise provided above, liability is excluded.

8.4 Liability under the Product Liability Act remains unaffected (§§ 1, 14 Product Liability Act).

8.5 All aforementioned exclusions and/or limitations of liability do not apply to damage to life, body or health of people.

9. Applicable law

This contract is subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Customer information

1. Identity of the seller

Studio Male Manuela Pickart & Lisa Popken GbR

Sternstrasse 21
80538 Munich
Germany

Email: office @studiomale.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/ de/downloads/kaeufersiegel/ kaeufersiegel- zertifizierungskriterien.pdf .

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.

6.4. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when 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 transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/ de/leistungen/ rechtssicherheit/agb-service .

last update: 11.09.2021