§1 Scope & Consumer Information

I, Lea Strunk, will execute your order according to our General Terms and Conditions (GTC) valid at the time of your order. The current version of Lea Strunk's GTCs are available on our website www.studiohertzberg.de under the "GTC" section. Our GTCs apply exclusively to the entire business relationship.

The German language is the language of negotiation and contract. For all international transactions, only the following conditions apply. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence. The application of UN sales law is excluded.

Your contract and order data, as well as the contract text, will be stored by us; direct access is not possible for security reasons. However, you have the option to log in to our homepage via "My Account" with your username and password, and thus access and, if necessary, edit your profile, your address, your order history, and your wish list. Your personal access data is intended only for you and may not be disclosed to third parties.

Via our homepage, during the order process and before clicking "buy now," you have the option to identify and correct input errors before submitting your contract declaration by clicking on the highlighted button "Change details."

§ 2 Registration

Registration is only permitted to natural persons and partnerships with unlimited legal capacity, as well as legal entities. Minors may not register. The registration of a legal entity may only be carried out by a natural person authorized to represent it, who must be named.

When completing the registration form, true, accurate, current, and complete information must be provided for the data requested in the registration forms. In the case of incomplete registrations of member accounts or in the case of implausible or incorrect information, we reserve the right to refuse a member's registration, reverse it immediately, or delete the member account after a reasonable period.

You can delete your member account at any time. Please refer to our privacy policy for questions regarding the storage of data beyond the membership period.

§ 3 Conclusion of Contract

Our offers are subject to change and non-binding. The presentation on our websites does not constitute a legally binding offer. You can order from us by phone, via our homepage (Internet), or by email. When ordering via our homepage, by clicking the "buy now" button, you submit a binding offer to conclude a purchase agreement for the desired goods. Also, when you order by phone or email, you submit a binding offer by sending the email or placing the verbal order.

We are entitled to accept your offer within 14 calendar days by sending a contract confirmation (by mail or email) and by executing the order. If your offer is not accepted by us within 14 calendar days, the offer is deemed rejected. No purchase contract is concluded for products not listed in the order confirmation.

§ 4 Delivery

For domestic orders, we will ship available goods within 1-5 business days at the latest after your order via DHL. For prepayment, delivery times apply from the date of receipt of payment in our account. Deviating delivery times will be stated in the item description.

For shipments outside the Federal Republic of Germany and within the EU, delivery of available goods usually takes 5-14 business days. For shipments outside the EU and to non-European countries, the delivery time depends on the shipping method (airmail / land route / sea freight) and the recipient's location.

If you order a product that was not available according to the item description, and we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any payments already made. In this case, you also have the right to withdraw from the contract.

We are entitled to partial deliveries or services, provided that conflicting interests are not unreasonably impaired. Should a partial delivery occur, we will, of course, bear the additional shipping costs. You will not incur any further costs as a result.

The delivery time will be extended appropriately if delivery is affected by force majeure. Force majeure particularly includes subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, transport impediments, changes in legal provisions, pandemics, official measures or regulations, or the occurrence of other unforeseeable events that are beyond our control and, from an objective point of view, were not culpably caused by us. Should one of the above-mentioned cases occur, we will inform you immediately. If you are an entrepreneur and the impediment to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. Further claims, in particular for damages, are governed by § 10 of these GTC.

§ 5 Right of Withdrawal

Consumers have a statutory right of withdrawal. Below, we inform you about the scope and design of this right of withdrawal.

Note: Please note that we have prepared the following cancellation policy according to the legislator's model text.

Instructions on Withdrawal

Right of Withdrawal

(1) You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period will expire after thirty days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or in the case of a contract for the delivery of goods in multiple lots or pieces, the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

(2) To exercise your right of withdrawal, you must inform us

Lea Strunk e.K.
Studio Hertzberg
Stuttgarter Straße 47
12059 Berlin
Germany

Email: team@studiohertzberg.de

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

(3) Model Withdrawal Form

Lea Strunk e.K.
Studio Hertzberg
Stuttgarter Straße 47
12059 Berlin
Germany

Telephone: +(49) 163 4360191

Email: team@studiohertzberg.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)-Ordered on (*)/received on (*)-Name of consumer(s)-Address of consumer(s)-Signature of consumer(s) (only if this form is notified on paper)-Date_______________

(*) Delete as appropriate.

(4) Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you received the goods. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the Instructions on Withdrawal

§ 6 Return Costs for Exercising the Right of Withdrawal

You shall bear the costs of returning the goods when exercising your right of withdrawal.

§ 7 Prices

All stated prices are in Euros and include statutory value-added tax. Postage and shipping costs will be added according to the following list under § 8.

§ 8 Shipping Costs (Domestic and International)

Here you will find all information regarding shipping costs and our returns management Shipping and Returns

§ 9 Payment Terms

Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar on the invoice, you will be in default by missing the deadline. In the event of default, we are entitled to demand interest for the year at a rate of 5 percentage points above the respective base interest rate. For legal transactions in which a consumer is not involved, we reserve the right to charge interest on claims for payment in the event of default at an interest rate of nine percentage points above the base interest rate. We reserve the right to prove and assert higher damages caused by default, § 288 para. 3, 4 BGB.

We accept payments via prepayment and PayPal Plus, Klarna; with Klarna, we enable payment via Sofortüberweisung (instant bank transfer) and credit card payment.

a) Payment in advance: For payment in advance, you must transfer the invoice amount to our account within 7 days after placing the order. For payment in advance, the stated delivery times apply from the receipt of payment in our account. If the amount is not received in our account within 7 days, we may withdraw from the contract.

PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, then legitimize yourself with your access data, and confirm the payment instruction to us (exception, if applicable, guest access). Further information will be provided during the ordering process. After the amount has been received in our account, the goods will be shipped.

Credit Card via Klarna: Klarna merely provides the framework for the payment process.

Stripe (Credit Card, Apple Pay): Stripe is an online payment service provider for credit cards, Apple Pay, and many others. You register once with your bank details and can then pay with your stored email address and password. More information about Stripe can be found here. In the event of a return: Once the return has arrived with us, we will process it, and the refund will be made directly via Stripe.

All payments are to be made to Lea Strunk e.K./Studio Hertzberg without deduction. A payment is only considered made when we can freely dispose of the amount.

Offsetting is excluded, unless the offsetting claim is undisputed or legally established or acknowledged by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim for performance that entitles you to refuse performance, or rights are asserted due to a defect.

General discount policy:
1.) Unfortunately, discount codes cannot be applied retrospectively.
2.) Discount codes are not applicable to reduced items.

§ 10 Warranty & Liability

The warranty is governed by statutory provisions. For complaints, we kindly request proof of the purchase date by means of an invoice and the return of the complained item along with a copy of the invoice to

Lea Strunk e.K.
Studio Hertzberg
Stuttgarter Straße 47
12059 Berlin
Germany

Telephone: +(49) 163 4360191

Email: team@studiohertzberg.de.

Normal wear and tear or deterioration of the goods do not constitute a warranty claim.

You are entitled to the right to subsequent performance as well as the right to withdraw from the contract or to reduce the purchase price to the extent provided by law, whereby in the event of subsequent performance, we can choose between free rectification of defects or replacement delivery (after fulfillment). If subsequent performance fails, you have the right, according to the law, to reduce the price or withdraw from the contract, at your discretion. We are entitled to a total of two attempts at rectification. If one type of subsequent performance is only possible at disproportionate costs, your claim is limited to the other type of subsequent performance.

We assume no liability for damages and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, excessive strain, or improper repair by an unauthorized service partner.

Towards entrepreneurs, the warranty period for material defects is reduced to 1 year, unless there is a case of mandatory liability, as provided for in particular by § 478 BGB. Claims for damages also remain unaffected by the shortened limitation period.

If the customer is an entrepreneur, they must inspect the services rendered immediately after delivery, as far as is reasonable in the ordinary course of business, and if a defect becomes apparent, notify us immediately. If the customer fails to notify, the service is deemed approved, unless it is a defect that was not recognizable during the inspection. If such a defect appears later, the notification must be made immediately after discovery; otherwise, the service is also deemed approved with regard to this defect. Timely dispatch of the notification is sufficient to preserve the customer's rights. The provisions on the duty to give notice of defects do not apply if a defect was fraudulently concealed or the customer is a consumer.

Minor deviations in terms of color, design, and shape do not constitute a defect, provided that the delivered goods correspond in quality and price to the ordered goods.

Further claims, in particular for consequential damages, are generally excluded. This does not apply in cases of intent, gross negligence, or breach of essential contractual obligations by us, as well as in the event of injury to life, body, or health. Your statutory right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance you regularly rely and may rely.

The risk of accidental loss and accidental deterioration of the goods in the case of a distance sale passes to you or a recipient selected by you upon delivery of the goods. If you are not a consumer, i.e., you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods passes to you upon handover to the shipping person.

We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body or health, or guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. For damages caused in any other way, we are liable for intent and gross negligence, including that of our vicarious agents, according to statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health. In the case of negligently caused property and financial damages, we and our vicarious agents are only liable for the breach of an essential contractual obligation, but limited in amount to the foreseeable and typical damages at the time of conclusion of the contract. Essential contractual obligations are those that characterize the contract and on which the customer may rely. The same applies to the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the customer regularly relies).

§ 11 Care

Please note the washing instructions you will find on the item labels. If care instructions are not followed correctly, changes are made to the products, or care materials are used that we have advised against, or that we have expressly declared incompatible with the items, or that do not meet at least average quality requirements, there is no warranty claim.

§ 12 Retention of Title

The delivered goods remain our property until full payment.

§ 13 Copyrights

The products and designs sold and/or used by us are protected by copyright. Use or reproduction of the designs or products is only permitted with our written consent. Payment of our invoice does not grant you any right of use to intellectual property or copyrights. This applies in particular to all images, designs, logos, and names, as well as any trademark and utility model rights. If you make changes to the delivered item or combine the delivered item with other materials, and if this infringes third-party intellectual property rights, our liability shall be excluded.

§ 14 Data Storage

We strictly adhere to data protection regulations. You agree to the storage, processing, and use of the personal data transmitted to us through your order in accordance with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) for the purpose of processing your order. We store your order and address data for use within the scope of order processing (including by transmission to the order processing partners or shipping partners used), for any warranty cases, and for product recommendations to customers in accordance with the content of our privacy policy and the applicable data protection laws.

In all other respects, the provisions of our privacy policy, which you can also view here, apply to the use of your data.

§15 Applicable Law

For all disputes arising from or in connection with this agreement, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

The norms of the German Civil Code (BGB) and the Introductory Act to the German Civil Code (EGBGB) mentioned herein and applicable to the contract can be found on the internet at www.gesetze-im-internet.de/bgb/ and www.gesetze-im-internet.de/bgbeg/.

The place of jurisdiction for all claims arising from or in connection with this business relationship, including those from bills of exchange and cheques, is Hamburg, provided you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to sue at the court responsible for your registered office.

§ 16 Final Provision

The contract remains binding in its remaining parts even if individual conditions are ineffective. Should a provision be wholly or partially ineffective, the contracting parties shall immediately endeavour to achieve the economic success intended with the ineffective provision in another, legally permissible way.

§ 17 Provider Information

Lea Strunk e.K.
Studio Hertzberg
Stuttgarter Straße 47
12059 Berlin
Germany

Phone: +(49) 163 4360191

E-mail: team@studiohertzberg.de

Management: Lea Strunk – DE 273 839 077

As of: October 14, 2020

Notes in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/consumers/odr/

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.