§1 Scope & Consumer Information

I, Lea Strunk, process your order in accordance with our terms and conditions (AGB) valid at the time of the order. The current version of Lea Strunk’s AGB is available to you on our website www.studiohertzberg.de under the heading “AGB”. Our AGB apply exclusively to the entire business relationship.

The German language is the language of negotiation and contract. The following conditions also apply exclusively to all international transactions. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.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 the UN Sales Convention is excluded.

Your contract and order data as well as the contract text are 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 retrieve and, if necessary, edit your profile, address, order history, and wishlist. Your personal access data is intended solely for your use and must not be disclosed to third parties.

Via our homepage, during the ordering process and before you click on “Buy Now”, you have the opportunity to identify and correct input errors before submitting your contractual declaration by clicking on the highlighted button “Change Details”.

§ 2 Registration

Registration is permitted only for natural persons with unlimited legal capacity, partnerships, and legal entities. Minors are not permitted to register. The registration of a legal entity may only be performed by an authorized natural person, who must be named.

When completing the registration application, truthful, accurate, current, and complete information must be provided for the data requested in the registration forms. In the case of incomplete member account registrations as well as in the event 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 of time.

You may delete your member account at any time. Please note our privacy policy for questions regarding the storage of data beyond the duration of the membership.

§ 3 Conclusion of Contract

Our offers are subject to change and are non-binding. The presentation on our websites does not constitute a legally binding offer. You can place orders with us by phone, via our homepage (Internet), or via email. When ordering via our homepage, you submit a binding offer to conclude a purchase contract for the requested goods by clicking the “Buy Now” button. By sending an email or placing a verbal order, you also submit a binding offer.

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

§ 4 Delivery

We deliver in-stock goods domestically within a maximum of 1-5 working days after your order via DHL. For payments made in advance, delivery times apply from the receipt of payment in our account. Deviating delivery times are stated in the article description.

For shipments outside the Federal Republic of Germany and within the EU, delivery of available goods generally takes 5-14 working days. For shipments outside the EU and to non-European countries, the delivery time depends on the shipping method (airmail / land transport / sea freight) and the destination.

If you order a product that was not available according to the article 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 applicable, 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 refund any payments already made immediately. In this case, there is also the right to withdraw from the contract.

We are entitled to partial deliveries or services, provided this does not unreasonably impair conflicting interests. If a partial delivery occurs, we will naturally cover the additional shipping costs. You will not incur any further costs as a result.

The delivery time is extended reasonably if delivery is hindered by force majeure. Force majeure is specifically defined as subsequent difficulties in obtaining materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, transport obstructions, changes in legal regulations, pandemics, official measures or decrees, or the occurrence of other unforeseeable events that lie beyond our control and, from an objective standpoint, were not culpably caused by us. Should one of the aforementioned cases occur, we will notify 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 AGB.

§ 5 Right of Withdrawal

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

Note: Please note that we have created the following withdrawal instructions based on the legislator's template.

Withdrawal Instructions

Right of Withdrawal

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

The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods; in the case of a contract for the delivery of goods in several partial shipments or pieces, the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last 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

by means of a clear declaration (e.g., a letter sent by post, email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, although this is not mandatory.

To maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(3) Sample Withdrawal Form

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

Phone: +(49) 163 4360191

Email: team@studiohertzberg.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)-Ordered on (*)/received on (*)-Name of the consumer(s)-Address of the consumer(s)- Signature of the consumer(s) (only if notified on paper)- Date_______________

(*) Delete as appropriate.

(4) Consequences of Withdrawal

If you withdraw from this contract, we shall refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction for this refund unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day the goods reached you. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the condition, properties, and functionality of the goods.

End of Withdrawal Instructions

§ 6 Return Costs when Exercising the Right of Withdrawal

You are to bear the costs of return when exercising your right of withdrawal.

§ 7 Prices

All stated prices are in Euro and include the statutory value-added tax. Postage and shipping costs are added according to the list below 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 Terms of Payment

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 charge interest for the year at 5 percentage points above the respective base interest rate. For legal transactions in which no consumer is involved, we reserve the right to charge interest on payment claims 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 claim higher damages for default, § 288 para. 3, 4 BGB.

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

a) Payment by Prepayment: When paying by prepayment, you must transfer the invoice amount to our account within 7 days of completing the order. For payments by prepayment, 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 be registered with PayPal or register there, then legitimize yourself with your access data, and confirm the payment instruction to us (exception possibly guest access). You will receive further information during the ordering process. After the amount has been received in our account, the goods will be shipped.

Credit Card via Klarna: Klarna only provides the framework conditions 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 pay in the future with the stored email address and password. More information about Stripe can be found here. In the case of a return: As soon as the return has arrived at our premises, we will process it and the refund will be made directly via Stripe.

All payments are to be made without deduction to Lea Strunk e.K./Studio Hertzberg. A payment is only considered made when we have full access to the amount.

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

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

§ 10 Warranty & Liability

The warranty is governed by statutory provisions. For complaints, we ask for proof of the purchase date via invoice and the sending of the complained-about item along with a copy of the invoice to

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

Phone: +(49) 163 4360191

Email: team@studiohertzberg.de.

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

The right to subsequent performance as well as the right to withdraw from the contract or to reduce the purchase price are available to you to the extent provided by law, whereby in the case of subsequent performance we can choose between free rectification of defects or replacement delivery. If subsequent performance fails, you have the right by law to choose between a reduction in price or withdrawal from the contract. We are entitled to a total of two attempts at rectification. If one type of subsequent performance is only possible with disproportionate costs, your claim is limited to the other type of subsequent performance.

We assume no warranty for damages and defects resulting from improper use, operation, and storage, negligent or incorrect care and maintenance, through overloading, or improper repair by a non-authorized service partner.

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

If the customer is an entrepreneur, they must inspect the rendered services immediately after delivery, as far as is feasible in the ordinary course of business, and notify us immediately if a defect appears. If the customer fails to notify us, the service is considered approved unless the defect was not recognizable during the inspection. If such a defect appears later, the notification must be made immediately after discovery; otherwise, the service is considered approved even with regard to this defect. To preserve the rights of the customer, timely dispatch of the notice is sufficient. The regulations on the obligation to give notice of defects do not apply if a defect was maliciously concealed or the customer is a consumer.

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

Further claims, especially for consequential damages, are generally excluded. This does not apply in cases of intent, gross negligence, or violation of essential contractual obligations by us, as well as in the case of injury to life, limb, or health. Your statutory right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly rely and may rely.

The risk of accidental loss and accidental deterioration of the goods during shipping passes to you upon handover of the goods to you or a recipient selected by you. If you are not a consumer, i.e., 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 agent.

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

§ 11 Care

Please note the washing instructions found on the labels of the items. If care instructions are not followed correctly, changes are made to the products, or care materials are used that we have advised against, or which have been expressly declared by us as non-compatible with the items, or which do not meet at least average quality standards, there is no warranty case.

§ 12 Retention of Title

The delivered goods remain our property until full payment has been made.

§ 13 Copyrights

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

§ 14 Data Storage

We adhere strictly to data protection regulations. You consent 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 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 transmission to assigned order processing partners or shipping partners), for potential warranty claims, and for product recommendations to customers in accordance with the content of our privacy policy and applicable data protection laws.

Otherwise, the regulations 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 standards 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 claims involving bills of exchange and checks, 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 file suit at the court responsible for your registered office.

§ 16 Final Provision

The contract remains binding in its remaining parts even if individual conditions are invalid. Should a provision be wholly or partially invalid, the contracting parties shall immediately endeavor to achieve the economic outcome intended by the invalid provision in another legally permissible manner.

§ 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

Status: October 14, 2020

Notes pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

EU Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in a dispute settlement procedure 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.