STUDIOS TC
Vocus Studios GbR
Narzissenstraße 8
72108 Rottenburg

Phone: +49 1638673630
E-Mail: [email protected]

Represented by: Christoph Hahn, Tobias Wiedmaier

VAT-ID: DE815703507

Hereinafter referred to as “seller”

Table of contents

1. Scope of Application
2. Conclusion of the Contract
3. Shipment and Delivery Conditions
4. Prices and Payment Conditions
5. Retention of title
6. Cost-bearing agreement when exercising the right of withdrawal
7. Instructions for cancellation & Cancellation form
8. Warranty
9. Transport damage
10. Privacy and Security
11. Final Provisions

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Vocus Studios GbR / STUDIOS TC (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,

– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or

– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or

– by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The German and the English language are exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3. Shipment and Delivery Conditions

3.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Client with PayPal at the time of payment shall be decisive.

3.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

3.3 Personal collection is not possible for logistical reasons.

3.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the shopping cart or checkout.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.5 If a payment method offered via the payment service “PayPal” is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..

4.6 If a payment method offered via the payment service “mollie” is selected, the payment transaction is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter referred to as “mollie”). The individual payment methods offered via mollie are communicated to the Client in the online shop of the Seller. For the processing of payments, mollie may make use of other payment services, for which special payment conditions may apply, which the Client will be informed about separately if necessary. Further information about “mollie” is available on the Internet at https://www.mollie.com/en/privacy

5. Retention of Title

The goods remain the property of the seller until they have been paid in full.

6. Cost bearing agreement when exercising the right of withdrawal

If you make use of your right of cancellation (see cancellation policy under point 7), you have to bear the full costs of the return, even if the total value of the goods returned is less than that of the goods ordered.

7. Instructions for cancellation & Cancellation form

A. Instructions for cancellation

Introduction

Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:

Right to cancel

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us (Vocus Studios GbR / STUDIOS TC, Narzissenstraße 8, 72108 Rottenburg, Deutschland, Tel.: 01638673630, E-Mail: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us.

Returns can only be made to the following address:

STUDIOS TC / Vocus Studios Gbr, Heckenweg 5, 71120 Grafenau, GERMANY.

The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods

General information

1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.

2) Please do not return the goods freight forward.

3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.

B. Cancellation form

If you wish to cancel this contract, please complete and submit this form.

Vocus Studios GbR / STUDIOS TC
Narzissenstraße 8
72108 Rottenburg
Deutschland
E-Mail: [email protected]

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of consumer(s) (only if this form is notified on paper)

_________________________

Date

(*) Delete as appropriate 

8. Warranty

8.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

8.2 If the Client acts as trader

– the Seller may choose the type of subsequent performance,

– for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,

– for used goods, the rights and claims for defects are excluded,

– the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

8.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

– to claims for damages and reimbursement of expenses of the Client,

– if the Seller has fraudulently concealed the defect,

– for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,

– for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

8.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

8.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

8.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects. 

9. Transport damage

9.1 If goods are delivered with obvious damage to the packaging or the contents, you are asked to report this immediately to the forwarding agent / freight service and to contact the seller by phone or in any other way (email / post) so that the seller can maintain any rights vis-à-vis the freight forwarder / freight service.

9.2 Failure to make a complaint or contact us has no effect on the customer’s statutory warranty claims.

10. Privacy and Security

10.1 The seller stores the customer’s orders. If the customer loses his order documents, he can contact vocusstudios by post, email or phone. The seller will be happy to send the customer a copy of the order data.

10.2 The customer agrees that the personal data transmitted by him and required for business transactions will be stored electronically. In the context of the order processing, the data will only be passed on to the companies commissioned with the processing, delivery and / or billing. All personal information will be handled confidentially. Your personal data is transferred to us in the online shop via an SSL connection protected from unauthorized access.

10.3 For further details on data protection, please refer to the note “Data protection”.

11. Final provisions

11.1 The law of the Federal Republic of Germany applies. Mandatory regulations of the state in which customers who are consumers have their habitual residence remain unaffected. In dealings with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that it is mandatory consumer law provisions.

11.2 The validity of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) is excluded, including in cross-border delivery traffic.

11.3 The place of jurisdiction for all legal disputes is Baden-Württemberg, provided the customer is an entrepreneur, legal entity under public law or special fund under public law. If the consumer does not have a place of residence in Germany or in another country of the European Union, Baden-Württemberg is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction applies.