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Terms and conditions

Lin Creations, Owner: Caroline Raick (in the following also: “Lin Creations”)
General business conditions for private and business customers (version of 13.08.2018)

Table of contents

§ 1 Scope and contractor
§ 2 Contract conclusion, order data
§ 3 Withdrawal Policy
§ 4 Delivery, shipping costs
§ 5 Prices and Terms of Payment
§ 6 Warranty (liability for defects)
§ 7 Retention of title
§ 8 Choice of law, place of jurisdiction
§ 9 Alternative Dispute Resolution
§ 10 Offsetting, retention, contract language, severability clause
§ 11 Address, imprint

§ 1 Scope and contractor

1.1. Contract partner for all orders is Lin Creations, owner: Caroline Raick, also referred to as “Lin Creations” below. The eligible address and other contact details are printed at the end of these terms and conditions under §11.

1.2. Customers within the meaning of these Terms and Conditions are unlimited legal persons, natural persons who are consumers in accordance with §13 BGB and conclude contracts with Lin Creations for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed as well as entrepreneurs within the meaning of § 14 BGB ,

1.3. For all mutual claims arising out of and in connection with the conclusion of a contract between the customer and Lin Creations, these Terms and Conditions for private and business customers shall always apply in their version valid at the time of the respective conclusion of the contract.

§ 2 Contract conclusion, order data

2.1. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog (invitatio ad offerendum).

2.2. The customer can submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can submit the offer by phone, e-mail or post to the seller.

The contract is concluded by acceptance of the customer order by Lin Creations. Confirmation of the receipt of the order takes place via automated e-mail promptly after sending the order.

2.3. A binding contract can already be concluded as follows:

  • If you have chosen the PayPal payment method, the contract will be concluded at the time of confirmation of the payment order to PayPal.
  • If you have chosen the payment method credit card, the contract is concluded at the time of confirmation of the successful credit card payment.

2.4. The data and the status of the order will be saved and can be requested from you by e-mail at contact@lincreations.com. Telephone availability: Monday to Friday, 8.00 am to 6.00 pm (CET)

§ 3 Withdrawal Policy

3.1. Consumers have a right of withdrawal according to the following conditions.

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

In order to exercise your right of withdrawal, you must contact us (Lin Creations, Owner: Caroline Raick, Meyerheimstrasse 3, D-10439 Berlin Phone number: +49 175 34 48 890, Fax number: +49 175 34 48 890, E-mail address: contact@lincreations.com) by means of a clear statement (For example: a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You may use the model withdrawal form in accordance with point 3.3 below, but use is not mandatory.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you for any payments we have received from you, including delivery charges (except when you have selected an individual shipping method and partial revocation), immediately and no later than fourteen days after the date of the cancellation the notification of your withdrawal of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees.

We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You are obliged to return the goods to us immediately or in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. Please inform us before shipping the goods about your return, so that we can ensure that the goods can be received by us.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

3.2. Exclusion or premature termination of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs (custom-made).

3.3. Model withdrawal form

(If you want to withdraw from the contract, please fill out this form and send it back.)

At :
Lin Creations
Caroline Raick
Meyerheimstrasse 3
D-10439 Berlin
GERMANY
E-mail contact@lincreations.com

I / we (*) hereby revoke 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 on paper) __________________
Datum__________________

(*) Delete as appropriate.

§ 4 Delivery, shipping costs

4.1. The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

4.2. If the shipping company sends the goods back to the seller because it was not possible to deliver to the customer, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. In the case of effective exercise of the right of withdrawal by the customer, the rules governing the return costs apply to the provision made in the cancellation policy of the seller.

4.3. For the current shipping costs, please refer to the information on the page „shipping“ in the online store. In case of delivery delays you will be informed immediately.

4.4. Lin Creations will ensure prompt delivery.

§ 5 Prices and Terms of Payment

5.1. The prices in the private customer area of the online shop are total prices, which include the statutory sales tax. If necessary, additionally incurred shipping costs are specified separately in the shipping description.

5.2. For orders, the prices shown in the shopping cart or at the checkout apply.

5.3. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be paid by the customer. These include, for example, costs of transferring money by the credit institution (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs).

§ 6 Warranty (liability for defects)

6.1. Lin Creations warrants that the Products are free of defects in title and title in accordance with §§ 434, 435 BGB at the time of transfer of risk.

6.2. The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

6.3. In the case of the defect, the statutory provisions apply.

§ 7 Retention of title

The seller reserves the ownership of the delivered goods until full payment of the purchase price owed.

§ 8 Choice of law, place of jurisdiction

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. 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 his habitual residence.

§ 9 Alternative Dispute Resolution

9.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

9.2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 10 Offsetting, retention, severability clause, contract language

10.1. A right of the customer to offset or retention does not exist, unless the claim is undisputed or legally binding.

10.2. Sollten einzelne Bestimmungen dieses Vertrages ganz oder teilweise nicht rechtswirksam sein oder ihre Rechtswirksamkeit später verlieren, so wird hierdurch die Gültigkeit des Vertrages im Übrigen nicht berührt.

10.3. This document is a translation of our Allgemeine Geschäftsbedingungen und Widerrufsbelehrung (Terms and conditions) available in German in our website. If there is a discrepancy between the German language version and the translation into other languages, only the German version will prevail.

§ 11 Address, imprint

Address:
Lin Creations
Caroline Raick
Meyerheimstrasse 3
D-10439 Berlin
GERMANY
http: //www.lincreations.com
Contact: E-Mail: contact@lincreations.com
Phone: +49 175 34 48 890 – Monday to Friday, 8.00 am to 6.00 pm (CET)

Sales tax identification number according to §27a sales tax law: DE294123578