Terms and Conditions (T&Cs)

Table of Contents

1. Scope
2. Formation of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping
6. Retention of Title
7. Warranty
8. Redemption of Promotional Vouchers
9. Redemption of Gift Cards
10. Governing Law
11. Alternative Dispute Resolution

1. Scope

1.1

These Terms and Conditions ("T&Cs") of Kuratist UG (haftungsbeschränkt), trading as Kuratist (the "Seller"), apply to all contracts for the sale and delivery of goods concluded between the Seller and a consumer or business customer (the "Customer") through the Seller's online store.

The Customer's own terms and conditions shall not apply unless expressly agreed otherwise.

1.2

These Terms and Conditions also apply to contracts for the purchase of gift vouchers unless otherwise expressly stated.

1.3

For the purposes of these Terms and Conditions:

• A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
• A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of its trade, business or independent professional activity when entering into a contract.

2. Formation of the Contract

2.1

The product descriptions displayed in the Seller's online store do not constitute binding offers. They are an invitation for the Customer to submit a binding offer.

2.2

The Customer submits a binding offer by completing the online ordering process, placing the selected products in the shopping cart, and clicking the button that completes the order.

2.3

The Seller may accept the Customer's offer within five (5) days by:

• sending a written or electronic order confirmation (for example by email), with acceptance taking effect upon receipt by the Customer;
• delivering the ordered goods, with acceptance taking effect upon receipt of the goods by the Customer; or
• requesting payment from the Customer after the order has been placed.

If more than one of the above occurs, the contract is concluded when the first of these events takes place.

The acceptance period begins on the day following the Customer's submission of the offer and ends at the close of the fifth day thereafter. If the Seller does not accept the offer within this period, the offer is deemed rejected and the Customer is no longer bound by it.

2.4

If the Customer selects PayPal Express as the payment method, payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's applicable User Agreement.

By selecting PayPal Express during checkout and clicking the button that completes the order, the Customer simultaneously authorises payment through PayPal. In this case, the Seller accepts the Customer's offer at the moment the Customer initiates the payment transaction.

2.5

After the contract has been concluded, the contract text will be stored by the Seller and sent to the Customer in text form (for example by email).

2.6

Before submitting a binding order, the Customer has the opportunity to identify and correct any input errors using the standard keyboard and mouse functions.

2.7

Contracts are concluded exclusively in the German language.

2.8

Order processing and communication generally take place by email. The Customer is responsible for ensuring that the email address provided is correct and capable of receiving emails.

3. Right of Withdrawal

3.1

Consumers have a statutory right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller's Withdrawal Policy.

4. Prices and Payment Terms

4.1

Unless otherwise stated in the product description, all prices shown are total prices and include applicable VAT. Any additional delivery or shipping costs will be displayed separately during checkout.

4.2

The available payment methods are displayed in our online store and during the checkout process.

4.3

If payment is made using a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's applicable User Agreement.

4.4

If payment is made by credit card or another payment method offered through Shopify Payments, payment processing is carried out by the relevant payment service provider. The available payment methods are displayed during checkout.

5. Delivery and Shipping

5.1

Goods will be delivered to the delivery address provided by the Customer during the ordering process, unless otherwise agreed.

5.2

If the shipping carrier returns the goods to the Seller because delivery to the Customer was unsuccessful, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer was not responsible for the circumstances preventing delivery or was temporarily unable to accept delivery, provided the Seller gave reasonable advance notice of the delivery.

The provisions set out in the Withdrawal Policy apply to return shipping costs where the statutory right of withdrawal is exercised.

5.3

Collection of goods in person is not available.

6. Retention of Title

6.1

The goods remain the property of the Seller until full payment of the purchase price has been received.

7. Warranty

7.1

If the purchased goods are defective, the statutory warranty provisions shall apply.

7.2

Customers are requested to report any obvious transport damage directly to the delivery carrier upon receipt and to inform the Seller accordingly. Failure to do so will not affect the Customer's statutory or contractual warranty rights.

8. Redemption of Promotional Vouchers

8.1

Promotional vouchers issued free of charge by the Seller as part of marketing campaigns and which cannot be purchased by customers ("Promotional Vouchers") may only be redeemed in the Seller's online store and only during the validity period specified.

8.2

Promotional Vouchers may only be redeemed by consumers.

8.3

Certain products may be excluded from promotional voucher campaigns where such exclusions are stated in the voucher terms.

8.4

Promotional Vouchers must be redeemed before completing the order. They cannot be applied retrospectively.

8.5

Only one Promotional Voucher may be redeemed per order.

8.6

The value of the order must be at least equal to the value of the Promotional Voucher. Any remaining voucher balance will not be refunded.

8.7

If the Promotional Voucher does not cover the full value of the order, the remaining balance may be paid using one of the other available payment methods.

8.8

Promotional Vouchers cannot be exchanged for cash and do not accrue interest.

8.9

If goods purchased wholly or partly using a Promotional Voucher are returned under the statutory right of withdrawal, the Promotional Voucher will not be reinstated or refunded.

8.10

Promotional Vouchers are intended solely for use by the person named on the voucher and may not be transferred to another person. The Seller is entitled, but not obliged, to verify the voucher holder's eligibility.

9. Redemption of Gift Cards

9.1

Gift cards purchased through the Seller's online store ("Gift Cards") may only be redeemed in the Seller's online store unless otherwise stated on the Gift Card.

9.2

Gift Cards and any remaining balance are valid until the end of the third calendar year following the year of purchase. Any remaining balance will remain available until the expiry date.

9.3

Gift Cards must be redeemed before completing the order. They cannot be applied retrospectively.

9.4

Multiple Gift Cards may be redeemed for a single order.

9.5

Gift Cards may only be used to purchase goods and cannot be used to purchase additional Gift Cards.

9.6

If the value of the Gift Card does not cover the full value of the order, the remaining balance may be paid using one of the other available payment methods.

9.7

Gift Cards cannot be exchanged for cash and do not accrue interest.

9.8

Gift Cards are transferable. The Seller may fulfil its obligations by accepting a Gift Card presented by its holder when redeemed in the Seller's online store. This does not apply if the Seller knows, or due to gross negligence fails to know, that the holder is not entitled to redeem the Gift Card or lacks legal capacity or authority to do so.

10. Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

11. Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.