Table of contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Special Conditions for the Processing of Goods According to Certain Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of GbR Karin Beumer and Paul Dub (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of digital content, unless expressly stated otherwise.
1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stated otherwise.
1.4 These GTC apply accordingly to contracts for the delivery of tickets, unless expressly stated otherwise. In this regard, these GTC solely regulate the sale of tickets for specific events described in the Seller's item description and not the execution of these events. The execution of the events is governed exclusively by the statutory provisions between the Customer and the event organizer, as well as any differing conditions of the event organizer. If the Seller is not also the event organizer, it is not liable for the proper execution of the event, for which only the respective event organizer is responsible.
1.5 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are neither attributable to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.6 Digital content within the meaning of these GTC refers to all data not stored on a physical data carrier, which is produced in digital form and provided by the Seller granting certain usage rights regulated in detail in these GTC.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone or email.
2.3 The Seller may accept the Customer's offer within five days by:
sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry 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 shall be deemed as rejecting the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out 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 User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button concluding the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not provide any further accessibility to the text of the contract. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.
2.7 German and English languages are available for the conclusion of the contract.
2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing are delivered if SPAM filters are used.
3) Right of Withdrawal
3.1 Right of Withdrawal within the Scope of Course Offers
3.1.1 Consumers generally have a right of withdrawal.
3.1.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.1.3 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract specifies a specific date or period for performance.
3.1.4 A right of withdrawal for consumers does not exist or the right of withdrawal for consumers may expire prematurely in the following contracts:
For contracts for the provision of services related to leisure activities if the contract specifies a specific date or period for performance. Thereafter, a right of withdrawal is also excluded for contracts that concern the sale of tickets for time-bound leisure events. This means that if Viola Beuscher Ceramics offers services in this area, including courses/workshops with a specific date, there is no right of withdrawal! Every order/registration with GbR Karin Beumer and Paul Dub/Dripdrop Ceramics with a specific date/period is binding immediately after registration. Payments will not be refunded, regardless of whether the participant attends the course or not. This also applies in case of illness, among other reasons.
3.2 Consequences of Withdrawal
3.2.1 The following rules apply to withdrawal from the contract:
3.2.2 Regardless of the reason for your withdrawal from the course, processing fees must be paid.
3.2.3 Withdrawal from the contract of booking courses is generally not possible. A booked course cannot be cancelled or rescheduled. Even in the case of a non-attended, booked, and paid appointment, there is no possibility of a refund. Withdrawal from the contract/In the event of cancellation by the participants up to 14 days after booking and at least 30 days before the start of the booked appointment, the full price, minus €15 processing fee per registered person, will be refunded. After that, only the participant themselves can arrange for a replacement. This also applies in case of illness or similar. There is no entitlement to a refund of the paid amount.
If participation is canceled by GbR Karin Beumer and Paul Dub/Dripdrop Ceramics, any course fees already paid will of course be fully refunded. Further claims are excluded.
3.4 Please send us an email to info@dripdropceramics.com if there are any changes to your participation or if you wish to withdraw.
3.5 Participants have no entitlement to the booked appointment. If GbR Karin Beumer and Paul Dub/Dripdrop Ceramics are unable to fulfill the service at the booked appointment, the participant is entitled to a full refund. GbR Karin Beumer and Paul Dub/Dripdrop Ceramics assume no liability for any consequential costs that may arise for the participant.
3.6 Missed appointments cannot be made up. Switching to another time slot is only possible to a limited extent (if space is available). After timely cancellation (see above), re-registration is possible. The place you want to switch to must meet the following conditions: 1. there must be at least one free space available and 2. the course fee must correspond to the course fee of the course already registered for.
The change is subject to a transfer fee of €30 per participant.
GbR Karin Beumer and Paul Dub reserve the right to adjust current prices at any time!
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may arise will be separately stated in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) available will be communicated to the customer in the seller's online shop.
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, the payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply and to which the customer may be separately referred. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
4.5 If a payment method offered via the payment service "Klarna" is selected, the payment processing will be handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. During the transaction process, the delivery address specified in the seller's order processing is decisive. However, in the case of selecting the PayPal payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of shipping if the customer effectively exercises their right of withdrawal. Regarding the return costs, the regulation made in the seller's revocation instructions applies if the customer effectively exercises the right of withdrawal.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded without delay.
5.4 In the case of self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods by appointment with the seller at the seller's premises. In this case, no shipping costs will be charged.
5.5 Digital content will be provided to the customer exclusively in electronic form as follows:
via download
via email
5.6 Gift vouchers will be provided to the customer as follows:
via download
via email
by post
5.7 Tickets will be provided to the customer as follows:
via download
via email
by post
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer a non-exclusive, spatially and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 Transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has consented to the transfer of the contractual license to the third party.
6.3 The granting of rights becomes effective only after the customer has fully paid the contractually owed remuneration. The seller may also provisionally permit the use of the contractual content before this time. Such provisional permission does not constitute a transfer of rights.
7) Retention of Title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
8) Warranty (Liability for Defects)
8.1 If the purchased item is defective, the statutory provisions regarding liability for defects apply.
8.2 Deviating from this, for used goods: Claims for defects are excluded if the defect occurs after one year from the delivery of the goods. Defects that occur within one year from the delivery of the goods can be asserted within the statutory limitation period. However, the limitation of liability to one year does not apply to:
items that have been used for a building in accordance with their normal use and have caused its defectiveness,
claims for damages and reimbursement of expenses of the customer, and
in the event that the seller has fraudulently concealed the defect.
8.3 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. Failure to do so has no effect on his statutory or contractual warranty claims.
9) Special Conditions for Processing Goods According to Specific Customer Specifications
9.1 If, according to the content of the contract, the seller owes the processing of the goods according to specific customer specifications in addition to the delivery of the goods, the customer must provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the seller and grant him the necessary usage rights. The customer is solely responsible for obtaining and acquiring the rights to these contents. The customer declares and assumes responsibility for ensuring that he has the right to use the content provided to the seller. In particular, he ensures that no third-party rights are infringed, in particular copyright, trademark, and personal rights.
9.2 The customer indemnifies the seller against claims by third parties that they can assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer also bears the reasonable costs of the necessary legal defense, including all court and attorney fees in statutory amount. This does not apply if the customer is not responsible for the infringement of rights. In the event of a claim by third parties, the customer is obliged to provide the seller with all information immediately, truthfully, and completely, which is necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or regulatory prohibitions or public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangering young people, and/or glorifying violence.
10) Redemption of Promotional Vouchers
10.1 Vouchers issued by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "Promotional Vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if such a restriction is specified in the content of the Promotional Voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit of a promotional voucher will not be paid out in cash or bear interest.
10.8 The 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.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Any remaining balance will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional gift vouchers.
11.6 If 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 chosen to settle the difference.
11.7 The credit of a gift voucher will not be paid out in cash or bear interest.
11.8 The gift voucher is transferable. The seller can make payments to the respective holder who redeems the gift voucher in the seller's online shop with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of authority of the respective holder.
12) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
13) Alternative Dispute Resolution
13.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.