Terms of service

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment
Conditions Delivery and Shipping Conditions 
Contract Duration and Termination of Subscription Contracts for Goods
Retention of Title
Liability forDefects (Warranty)
Liability Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Lena Haucke, trading as “Lena Haucke (Wyva Arts)” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

 1.4 The subject of the contract may be – depending on the Seller’s product description – either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter “Subscription Contract”). In a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer at the contractually owed time intervals for the duration of the agreed contract term.

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 serve the purpose of enabling the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days, by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that finalizes the ordering process.

2.5 When ordering via the Seller’s online order form, the contract text is stored by the Seller after contract conclusion and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. The Seller does not provide any further access to the contract text.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until clicking the button that finalizes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are generally carried out via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

 3.1 Consumers are generally entitled to a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Conditions

 4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Sales tax is not charged as the Seller is exempt from sales tax as a small business owner. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs regarding the money transfer may also arise 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) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the payment service “PayPal” is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which they provide advance performance to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only discharge their debt by paying PayPal or the payment service provider commissioned by PayPal. However, even in the event of an assignment of claims, the Seller remains responsible for general Customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations, or credits.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out 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. To process payments, Stripe may use further payment services, for which special payment conditions may apply, of which the Customer will be informed separately if necessary. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

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

5.2 If the delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. Regarding return costs, the provision made in the Seller’s cancellation policy applies if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Personal collection is not possible for logistical reasons.

6) Contract Duration and Termination of Subscription Contracts for Goods

 6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without observing a notice period.

 6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Terminations can be made in writing, in text form (e.g., by e-mail), or in electronic form via the termination device (cancellation button) provided by the Seller on their website.

7) Retention of Title If the Seller makes advance performance, they retain title to the delivered goods until the full payment of the purchase price owed.

8) Liability for Defects (Warranty) Unless otherwise specified in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur, the Seller has the choice of the type of supplementary performance; for new goods, the limitation period for defect claims is one year from the delivery of the goods; for used goods, the rights for defects are excluded; the limitation period does not start again if a replacement delivery occurs within the scope of liability for defects.

 8.2 The limitations of liability and shortening of periods regulated above do not apply to claims for damages and reimbursement of expenses of the Customer, in the event that the Seller has fraudulently concealed the defect, to goods that have been used for a building in accordance with their customary use and have caused its defectiveness, to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty of inspection and notification of defects according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to comply with this, this has no effect on their statutory or contractual claims for defects.

9) Liability The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body, or health, due to a guarantee promise, unless otherwise regulated in this regard, due to mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

9.3 Otherwise, liability of the Seller is excluded.

9.4 The above liability provisions also apply with regard to the Seller’s liability for their vicarious agents and legal representatives.

10) Applicable Law All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Alternative Dispute Resolution The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.