These GTC apply only to the products of the online shop https://creativemariolorek.com/shop. The services offered under "My Creative Offer" remain unaffected.
1 Applicability to entrepreneurs and definition of terms
(1) The following General Terms and Conditions apply to all deliveries of goods and digital products between us and a consumer in the version valid at the time of the order.
(2) Consumers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity. A consumer is therefore any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
2 Conclusion of a contract, storage of the text of the contract
(1) The following regulations on the conclusion of a contract apply to orders placed via our Internet shop http://creativemariolorek.com/en/shop
(2) In case of conclusion of the contract, the contract is concluded with
Creative Mario Lorek
Phone: +49 1607860760
(3) The presentation of the goods in our Internet shop does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet shop, the following regulations shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet shop. After clicking on the corresponding purchase button, you will receive an order confirmation by e-mail to the e-mail address provided by you. The consumer must ensure the accuracy of his e-mail address.
Before the binding submission of the order, the consumer can, after checking his details, return to the Internet page on which the customer's details are recorded and correct input errors by pressing the "back" button contained in the Internet browser he is using or cancel the order procedure by closing the Internet browser.
3 Prices, shipping costs, payment, due date
(1) The prices quoted are final prices including VAT. The amount shown at the time of the binding order shall apply.
(2) Shipping costs, which are fixed per item and do not depend on size and weight, must be added. You shall bear the regular costs of the return shipment in the event that you return the goods by exercising your right of cancellation https://creativemariolorek.com/en/widerrufsbelehrung/. We will not refund the shipping costs if you exercise your right of withdrawal.
(3) The consumer undertakes to pay the purchase price immediately after conclusion of the contract. The consumer has the option of paying in advance via PayPal, credit card (Visa, Mastercard), Apple Pay, Google Pay.
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch within 3-5 days. Delivery here takes place at the latest within 7-10 working days after receipt of payment. In the case of payment in advance, the delivery period begins on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the buyer until the item is handed over to the buyer, even in the case of a mail order purchase.
(3) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform of Creative Mario Lorek is excluded. Already paid amounts will be refunded by Creative Mario Lorek immediately.
(4) Creative Mario Lorek is also entitled to refuse the performance, as far as this requires an effort, which is grossly disproportionate to the customer's interest in the fulfilment of the sales contract, taking into account the content of the sales contract and the requirements of good faith. Amounts already paid will be refunded by Creative Mario Lorek without delay.
(5) The delivery of digital contents is effected immediately by e-mail, which contains a download link. The digital contents may not be passed on to unauthorised third parties, however, we grant the consumer the spatial, local and temporally unlimited right of use. The digital contents may be used for commercial and private purposes.
5 Retention of title
Until the complete settlement of all claims against the customer resulting from the sales contract, the delivered goods remain the property of Creative Mario Lorek. As long as this retention of title exists, the customer is neither allowed to resell the goods nor to dispose of the goods; in particular, the customer is not allowed to contractually grant third parties any use of the goods.
(1) In case of slight negligence Creative Mario Lorek is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury of life, body and health. Creative Mario Lorek is not liable for other damages caused by slight negligence due to a defect of the object of purchase.
(2) Irrespective of a fault of Creative Mario Lorek, a liability of Creative Mario Lorek in case of fraudulent concealment of the defect remains unaffected.
(3) Creative Mario Lorek is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.
(4) Personal liability of the legal representatives, vicarious agents and employees of Creative Mario Lorek for damages caused by them due to slight negligence is excluded.
7 Rights of Defects
(1) A product which is already defective upon delivery (warranty case) will be replaced by Creative Mario Lorek by a defect-free product at the consumer's choice and at Creative Mario Lorek's expense (supplementary performance). However, as the goods are unique, the consumer will not receive the same product, but only a similar one.
It is pointed out to the consumer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the consumer by misuse or improper use,
b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the consumer's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(3) If the type of supplementary performance desired by the consumer (replacement delivery) requires an effort which is grossly disproportionate to the consumer's interest in performance in view of the product price, taking into account the content of the contract and the dictates of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer - the consumer's claim is limited to the respective other type of supplementary performance. The right of Creative Mario Lorek to also refuse this other kind of supplementary performance under the aforementioned condition remains unaffected.
(4) In case of a replacement delivery, the consumer is obliged to send the product at the expense of Creative Mario Lorek to the return address given by Creative Mario Lorek, stating the order number. Before sending in the product, the customer has to remove any objects inserted by him from the product. Creative Mario Lorek is not obliged to inspect the product for the insertion of such items. Creative Mario Lorek is not liable for the loss of such items, unless it was readily apparent to Creative Mario Lorek at the time of taking back the product that such an item had been inserted into the product. In this case, Creative Mario Lorek informs the consumer and holds the item ready for collection by the consumer; the customer bears the costs incurred thereby.
(5) If the consumer sends in the goods in order to get a replacement product, the return of the defective product is governed by the following provision: If the consumer was able to use the goods in a defect-free condition between delivery and return, the consumer has to reimburse the value of the benefits drawn by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The consumer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract has only become apparent during processing or remodelling,
b) if Creative Mario Lorek is responsible for the deterioration or the destruction or if the damage would also have occurred at Creative Mario Lorek,
c) if the deterioration or the loss has occurred at the consumer although he has taken the care he is accustomed to take in his own affairs.
(6) The consumer's liability for damages in the event of a breach of the obligation to return the goods for which the consumer is responsible shall be governed by the statutory provisions.
(7) The consumer may, at his option, withdraw from the contract or reduce the purchase price if the replacement delivery has not resulted in a condition of the product in conformity with the contract within a reasonable period of time.
(8) The legal warranty of Creative Mario Lorek ends two years after delivery of the goods. The period starts with the receipt of the goods.
8 Right of withdrawal of the customer as consumer
Consumers are entitled to a right of revocation, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.
Information on this as well as the cancellation form can be found under https://creativemariolorek.com/en/widerrufsbelehrung/ .
9 Dispute resolution
We participate in alternative dispute resolution in accordance with Article 14 (1) of the ODR Regulation and Section 36 of the VSBG (Consumer Dispute Resolution Act).
The European Commission also provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/.
10 Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.
(3) The contract languages are German and English.
Status of the GTC May.2022