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1. General, Applicability, Customers, Language
(1) All offers, sales contracts, deliveries, and services made on the basis of any orders by our customers (each, a “Customer”) through our Etsy shop (https://www.etsy.com/de-en/shop/HEBSTREIT) are governed by these General Terms and Conditions of Sale (the “General Terms and Conditions”). In addition, the Customer agrees to comply with Etsy’s policies and terms. In the event of any conflict, Etsy’s policies shall prevail.

(2) The product offerings in our Etsy shop are directed to both Consumers and Business Customers. For these Terms, (I) a “Consumer” is any individual entering into the contract for purposes not related to business, trade, or professional activities, and (II) a “Business Customer” is any individual, company, or partnership with legal capacity entering the contract in the course of its business or professional activity.

(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them.

(4) Our contracts with the Customer are concluded exclusively in the English language.

2. Conclusion of Contract
(1) The presentation of our products on the Etsy shop does not constitute a legally binding offer but merely an invitation to place orders.

(2) By placing an order, the Customer makes a binding offer to purchase the product. The offer remains open for acceptance for up to three business days from the day of the order.

(3) We will promptly send a confirmation of receipt via Etsy messages or e-mail; however, this confirmation does not constitute acceptance. The contract is concluded upon our written acceptance or the dispatch of the product.

(4) Consumers, except for products that have been customized or personalized, have the right to revoke the offer and return the product in accordance with the withdrawal information provided below.

3. Prices and Payment
(1) All prices displayed include the applicable VAT but exclude shipping costs and any customs duties or similar public charges, which shall be borne by the Customer.

(2) Payments are processed via Etsy’s payment system. The Customer agrees to pay all amounts due as part of the transaction.

(3) In cases where alternative payment arrangements are agreed upon, the terms for payment will be specified accordingly.

(4) The Customer shall have no right of set-off or retention, except where a counterclaim has not been disputed by us or has been determined by a final and binding decision.

4. Shipping and Delivery
(1) All dispatch dates provided are approximate and may be exceeded by up to three business days unless a fixed dispatch date has been agreed upon.

(2) The period to determine the dispatch date begins upon our receipt of full payment (including VAT and shipping costs).

(3) The dispatch date is defined as the day on which the product is handed over to the carrier.

(4) In the absence of a specified dispatch date, we shall dispatch the product within three weeks after the commencement of the delivery period.

(5) If the product is not dispatched in a timely manner, we will inform the Customer without undue delay. In cases of international shipments, delivery times may be significant. The Customer may track the shipment using the provided tracking number. The Customer’s legal rights regarding late delivery remain unaffected, except that damages may only be claimed as provided in Section 8.

(6) Partial deliveries are permitted, provided the individual products can be used separately and any additional shipping costs incurred are borne by us.

5. Shipment and Passing of Risk
(1) Our obligation is limited to delivering the product properly and on time to the carrier; we are not responsible for any delays caused by the carrier. Transit times are non-binding estimates.

(2) For Consumers, the risk of accidental damage, destruction, or loss passes to the Customer upon delivery to the Customer or upon the Customer’s failure to take delivery. For all other cases, if our obligation is limited to dispatch, the risk passes when the product is handed over to the carrier.

6. Returns and Customized Products
(1) Non-customized products may be returned by Consumers in accordance with their right of withdrawal as described below.

(2) Products that have been customized, personalized, or otherwise tailored to the Customer’s specifications are excluded from the right of withdrawal. By placing an order for such products, the Customer expressly acknowledges that they lose the right to return the product and obtain a refund.

(3) Any returns will be processed in accordance with our Etsy shop return policy and applicable consumer protection laws.

7. Warranty
(1) In the event of a defect in the delivered product, the Customer may request a repair or replacement with a defect-free product. For Business Customers, we reserve the right to choose the remedy by notifying the Customer in writing (including via Etsy messages) within three business days after receipt of the defect notice. We may refuse a remedy if it incurs unreasonable costs.

(2) If the remedy pursuant to (1) fails or is not reasonably expected, the Customer may terminate the contract, reduce the purchase price, or claim damages or expenses, subject to applicable law and as further limited in Section 8.

(3) The warranty period is two years from the date of product delivery.

(4) Business Customers must inspect the product upon delivery. The product is deemed approved unless any defect is reported within five business days of delivery or, in the case of non-obvious defects, within five business days after discovery.

8. Liability
(1) Our liability for late delivery is limited to 10% of the aggregate purchase price (including VAT), except in cases of willful misconduct or gross negligence.

(2) We are liable only for intentional and grossly negligent breaches. For other negligent breaches of obligations essential to the contract’s implementation, liability is limited to foreseeable, typical contractual damages. We are not liable for slight negligence beyond these obligations.

(3) We are not liable for any damages that may not reasonably be foreseen under normal use. Liability for damages arising from data loss is excluded if data recovery is impossible or impeded by inadequate backup procedures. These limitations do not apply in cases of willful misconduct or gross negligence.

(4) Data communication via the Internet cannot be guaranteed error-free or continuously available. We are not liable for continuous availability of our online systems.

9. Data Protection
(1) We process Customer data only as necessary for the execution and implementation of the sales contract and in accordance with applicable law.

(2) We will not disclose personal data to third parties without the Customer’s explicit consent, except as required by law.

(3) Our handling of personal data is additionally governed by Etsy’s own privacy practices.

10. Applicable Law and Jurisdiction
(1) Any contracts between the Customer and Hebstreit shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to mandatory conflict of laws provisions.

(2) For Customers residing in an EU member state, German law applies unless it conflicts with mandatory local regulations.

(3) The venue of performance is Berlin, Germany, and the courts of Berlin shall have exclusive jurisdiction over disputes arising from these contracts.

11. Final Provisions
(1) These General Terms and Conditions constitute the entire agreement between the Customer and Hebstreit concerning the subject matter hereof. They may only be amended by a written amendment signed by an authorized representative of Hebstreit or by posting a revised version in the Etsy shop.

(2) If any individual provision is found to be invalid, the remaining provisions shall remain in full force. The parties will replace the invalid provision with one that most closely reflects the original commercial intent.

(3) These Terms are supplementary to Etsy’s own policies. In the event of any conflict between these Terms and Etsy’s policies, Etsy’s policies shall prevail.

12. Annex – Right of Withdrawal
(1) Right of Withdrawal

Consumers have the right to withdraw from this contract within 14 days without giving any reason, except for products that have been customized, personalized, or otherwise tailored to the Customer’s specifications. For such customized products, the right to return the product and obtain a refund is excluded. The withdrawal period expires 14 days after the Customer, or a third party designated by the Customer (other than the carrier), takes physical possession of the goods. For digital content not supplied on a tangible medium, the withdrawal period expires 14 days after contract conclusion.

To exercise the right of withdrawal, the Customer must notify:

  Hebstreit Designstudio
  Zionskirchstr. 9
  10119 Berlin
  E-Mail: info@hebstreit.com

by means of an unequivocal statement (e.g., a letter or email sent via Etsy’s messaging system). The withdrawal deadline is met if the notification is sent before the end of the 14-day period.

(2) Effects of Withdrawal

If the Customer withdraws from the contract, we shall reimburse all payments received—including delivery costs (except for any supplementary costs arising from a delivery method chosen by the Customer other than the least expensive standard delivery)—without undue delay and no later than 14 days from the date of notification. Reimbursement will be made using the same payment method used for the initial transaction unless otherwise agreed. The Customer will not incur any fees due to the reimbursement.

The Customer must return the goods to:

  Hebstreit Designstudio
  Zionskirchstr. 9
  10119 Berlin, Germany

without undue delay and in any event no later than 14 days from the notification of withdrawal. The deadline is met if the goods are sent before the 14-day period expires. The Customer bears the direct costs of returning the goods.

(3) Additional Instructions

Please use the original packaging material for the return, if available.