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Terms and Conditions (GTC) of Kollektiv Lumen GbR for Online Shop & Website1. Scope of Application2. Contract Formation3. Prices & Payment Terms4. Delivery & Shipping5. Right of Withdrawal (Consumers Only)6. Granting of Rights for Digital Content7. Retention of Title8. Warranty & Liability9. Gift Vouchers & Promotional Codes10. Data Protection11. Liability Limitations12. Applicable Law & Jurisdiction13. Alternative Dispute Resolution

Terms and Conditions (GTC) of Kollektiv Lumen GbR for Online Shop & Website

📅 Last updated: 07.02.2025

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all contracts, purchases, and services provided via our website and online shop. They govern transactions between Kollektiv Lumen - Mayrl & Colin GbR (hereinafter "Seller") and the customer (hereinafter "Customer").

1.2 By placing an order, the Customer accepts these GTC. Deviating terms set by the Customer are not recognized, unless explicitly agreed upon in writing.

1.3 These GTC apply to:

  • Physical products (e.g., printed iris photographs)
  • Digital products (e.g., image files for download)
  • Gift vouchers

1.4 Consumer vs. Business Customer:

  • A consumer (§ 13 BGB) is any natural person who enters into a contract for purposes not related to a business activity.
  • A business customer (§ 14 BGB) is a legal or natural person acting in a commercial or professional capacity.

2. Contract Formation

2.1 Product Listings & Offers

The product descriptions in our online shop do not constitute binding offers, but serve as an invitation to place an order.

2.2 Placing an Order

To place an order, the Customer must:

✔ Add items to the shopping cart

✔ Provide necessary details (billing/shipping information)

✔ Choose a payment method

✔ Confirm acceptance of these GTC

✔ Submit the order by clicking the final purchase button

2.3 Acceptance of Order

The contract is concluded when:

✔ The Seller sends an order confirmation (email), or

✔ The goods are dispatched, or

✔ The Seller requests payment.

If none of these occur within 5 days, the order is not accepted and no contract is formed.

3. Prices & Payment Terms

3.1 Prices

  • All prices include statutory VAT and are listed in EUR (€).
  • Additional shipping costs are displayed before checkout.

3.2 International Orders

For orders outside the EU, additional customs duties, taxes, or bank fees may apply, which are the responsibility of the Customer.

3.3 Payment Methods

We offer the following payment methods:

✔ Bank transfer (prepayment)

✔ Credit card

✔ PayPal

✔ Other methods, as stated in the checkout process

4. Delivery & Shipping

4.1 Delivery Address

Orders are shipped to the address provided at checkout. The Customer is responsible for ensuring correct details.

4.2 Delivery Times

Estimated delivery times are indicated during the order process. Delays may occur due to external factors (e.g., customs, holidays).

4.3 Failed Delivery

If a delivery fails due to an incorrect address or non-collection, the Customer bears additional shipping costs.

4.4 Digital Products

Digital items (e.g., image files) are delivered electronically via email or download link.

5. Right of Withdrawal (Consumers Only)

5.1 Exclusion for Customized Products

There is no right of withdrawal for customized products, including individually created iris photographs (§ 312g (2) No. 1 BGB).

5.2 Withdrawal for Non-Customized Products

Consumers may withdraw from the contract within 14 days for non-customized goods. To do so, they must:

✔ Submit a withdrawal request (email or letter)

✔ Return the goods in original condition (at their expense)

Refunds are issued using the original payment method.

6. Granting of Rights for Digital Content

6.1 When purchasing digital content (e.g., iris photographs in digital format), the Customer receives a non-exclusive, non-transferable right to use the content for private purposes only.

6.2 Restrictions

  • The Customer may not share, distribute, or commercially exploit the content.
  • Unauthorized use may result in legal consequences.

6.3 The license is granted only after full payment has been received.

7. Retention of Title

Until full payment is made, all delivered goods remain the property of the Seller.

8. Warranty & Liability

8.1 Defective Goods

Customers may claim warranty rights if goods are defective upon receipt.

8.2 Exclusions

Warranty claims do not apply to:

  • Normal wear and tear
  • Misuse or improper handling

8.3 Reporting Issues

Consumers should report transport damage immediately to the courier and notify the Seller. Failure to do so does not affect statutory rights.

9. Gift Vouchers & Promotional Codes

9.1 Gift Vouchers

  • Valid for 1 year from the date of purchase.
  • Cannot be exchanged for cash.

9.2 Promotional Vouchers

  • Valid for a limited time and only for specific items.
  • Can only be redeemed before completing checkout.

10. Data Protection

We process personal data in compliance with GDPR. For details, refer to our Privacy Policy.

11. Liability Limitations

11.1 General Limitation

The Seller is liable for damages only in cases of intent or gross negligence.

11.2 Exceptions

Liability is not limited for:

  • Injury to life, body, or health
  • Violations of essential contractual obligations

11.3 External Risks

The Seller is not liable for delays or failures caused by:

✔ Force majeure (e.g., natural disasters)

✔ Third-party service providers (e.g., shipping delays)

12. Applicable Law & Jurisdiction

12.1 Governing Law

Contracts are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 Jurisdiction

For business customers, the exclusive place of jurisdiction is Leipzig, Germany.

13. Alternative Dispute Resolution

The EU Commission provides an online dispute resolution platform:

🔗 https://ec.europa.eu/consumers/odr

We are not obliged and generally not willing to participate in consumer arbitration.