Terms of service

1. General, Applicability, Customers, Language

(1) All offers, sales contracts, deliveries, and services made on the basis of any orders by our customers (each, a “Customer”) through the website hebstreit.com (“Hebstreit”), which is owned and operated by Hebstreit Designstudio, Zionskirchstr. 9, 10119 Berlin, shall be governed by these General Terms and Conditions of Sale (the “General Terms and Conditions”).

(2) The product offerings at Hebstreit are directed to both Consumers and Business Customers. For the purpose of these General Terms and Conditions, (I) a “Consumer” is any individual entering into the contract for a purpose not related to his or her business, trade, or self-employed professional activity (Sec. 13 of the German Civil Code), and (II) a “Business Customer” is an individual, company, or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).

(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

(4) Our contracts with the Customer shall be made exclusively in the English language.

2. Conclusion of Contract

(1) The presentation of the products and services at Hebstreit does not constitute a legally binding offer but merely an invitation to place orders.

(2) By placing an order on the Website, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the close of the third business day following the day of the offer.

(3) Without undue delay upon receipt of the order, we will send the Customer by e-mail a confirmation of receipt, which shall not constitute acceptance of the order. The order shall be deemed accepted by us either upon subsequent (e-mail) acceptance or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.

(4) Any Customer who is a Consumer, except in cases where the product has been customized, personalized, or otherwise tailored to the Customer's specifications, shall be entitled to revoke the offer and return the product in accordance with the information in the Annex at the end of this document. For customized products, the right of withdrawal is excluded (sie verlieren das Recht aus Rücksendung und Erstattung).

3. Prices and Payment

(1) Our prices include statutory VAT but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.

(2) Unless expressly otherwise agreed by us, all shipments require advance payment (in the manner specified in our order form available in the Online Shop).

(3) If payment after delivery is agreed upon, our invoices shall be due and payable by the Customer within fourteen business days upon receipt of the product and the invoice.

(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.

4. Dispatch of the Product

(1) Any date of dispatch communicated by us shall be approximate and may be exceeded by up to three business days, unless a fixed date of dispatch has been agreed upon.

(2) Any period relevant to determine the date of dispatch shall begin upon our receipt of the full purchase price (including VAT and shipping costs).

(3) The date of dispatch is the day on which the product is handed over to the carrier.

(4) If no dispatch date has been specified or agreed upon, we shall dispatch the product within three weeks after the beginning of the delivery period.

(5) Should the product not be dispatched in time, we will inform the Customer without undue delay. In the case of international shipments, delivery times may be significant. The Customer may track the shipment using the provided shipment number. The Customer’s legal rights resulting from late delivery shall not be affected by this provision; however, the Customer may claim damages only subject to the provisions of Section 9.

(6) Partial deliveries of products in the same order are permitted, provided that the products can be used separately and that any additional shipping costs caused thereby are borne by us.

5. Shipment and Passing of Risk

(1) We are obliged only to deliver the product properly and on time to the carrier and are not responsible for any carrier-caused delays. Any transit times specified by us are non-binding estimates.

(2) If the Customer is a Consumer, the risk of accidental destruction, damage, or loss passes to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In other cases, if our obligation is limited to dispatching the product, the risk passes to the Customer when the product is handed over to the carrier.

6. Warranty

(1) In the event of a defect of the delivered product, the Customer may request repair or replacement with a defect-free product. Notwithstanding the foregoing, if the Customer is a Business Customer, we may choose between such remedies at our discretion, provided that our decision is communicated in writing (in “text form”, including by telefax or e-mail) within three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy the defect if doing so would result in unreasonable costs.

(2) If the remedy pursuant to Section 6 (1) fails, cannot reasonably be expected from the Customer, or we refuse to remedy the defect, the Customer is entitled to terminate the sales contract, reduce the purchase price, or claim damages or frustrated expenses in accordance with applicable law; however, damage claims are subject to Section 8.

(3) The warranty period is two years from the date of product delivery.

(4) With respect to Business Customers only, the following applies: The Customer must inspect the product with due care upon delivery. The product is deemed approved unless the defect is notified to us (I) for obvious defects within five business days of delivery, or (II) otherwise within five business days after the defect is identified.

7. Intellectual Property Rights, Licensing

(1) Hebstreit provides two types of licensing: One Time Use and Extended. The standard One Time Use license permits the Customer to use the purchased media in one design as specified below. The Extended license expands on the One Time Use license by increasing both the types and quantities of reproductions permitted, including the use of Hebstreit’s media in items for resale.

(2) License details are governed by Hebstreit’s licensing conditions.

8. Liability

(1) Hebstreit’s liability for late delivery is limited, except in cases of willful misconduct or gross negligence, to an amount equal to 10% of the aggregate purchase price (including VAT).

(2) Hebstreit is liable for intent and gross negligence only. Furthermore, Hebstreit is liable for the negligent breach of obligations essential for the ordinary implementation of the contract; in such cases, liability is limited to foreseeable, typical contractual damages. Hebstreit is not liable for slight negligence beyond the aforementioned obligations.

(3) Hebstreit is not liable for damages that may not be reasonably foreseen, assuming normal use of the product. Liability for damages arising from loss of data is excluded if data recovery is impossible or impeded by inadequate backup procedures. The foregoing limitations do not apply in cases of willful misconduct or gross negligence.

(4) Data communication via the Internet cannot be guaranteed to be error-free or continuously available. We are not liable for constant availability of our online system.

9. Data Protection

(1) Hebstreit may save and process any data relating to the Customer as necessary for executing and implementing the sales contract and as required by law.

(2) Hebstreit shall not disclose any personal data of the Customer to third parties without the Customer’s express consent, except as required by law.

(3) Hebstreit is not permitted to collect, submit to any third party, or otherwise process the Customer’s personal data for purposes other than those specified in this Section 9.

(4) Please refer to our Privacy Policy for further details.

10. Applicable Law and Competent Courts

(1) Any contracts between Hebstreit and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

(2) For Customers residing in a member state of the European Union, German law applies provided that this stipulation is not in conflict with mandatory rules of the state in which the Customer resides. Such rules remain unaffected.

(3) The venue of performance is Berlin, Germany. The courts of Berlin, Germany have exclusive jurisdiction for any disputes arising from or related to this contract.

11. Final Provisions

(1) This Agreement constitutes the entire agreement between Hebstreit and the Customer concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of Hebstreit or by the posting of a revised version by Hebstreit.

(2) Should any individual provision of these Terms be found ineffective, the remaining provisions shall remain unaffected. The parties shall amicably replace the ineffective provision with a legally effective one that most closely achieves the commercial purpose of the original provision.

12. Annex – INFORMATION ON THE RIGHT OF WITHDRAWAL

(1) Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason, except for products that have been customized, personalized, or otherwise tailored to your specifications. For such customized products, you lose the right to return the product and obtain a refund. The withdrawal period expires 14 days after you, or a third party designated by you (other than the carrier), take physical possession of the goods. In the case of digital content not supplied on a tangible medium, the withdrawal period expires 14 days from the conclusion of the contract.

To exercise the right of withdrawal, you must inform:

  Hebstreit Designstudio
  Zionskirchstr. 9
  10119 Berlin
  E-Mail: info@hebstreit.com

by an unequivocal statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

(2) Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you—including the costs of delivery (except for any supplementary costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us)—without undue delay and no later than 14 days from the day we are informed of your decision to withdraw. Reimbursement will be made using the same means of payment as you used in the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall return the goods to:

  Hebstreit Designstudio
  Zionskirchstr. 9
  10119 Berlin, Germany

without undue delay and in any event no later than 14 days from the day you communicate your withdrawal from the contract to us. The deadline is met if the goods are sent back before the 14-day period expires.

You will bear the direct costs of returning the goods. If you have requested the performance of services during the withdrawal period, you must pay an amount proportional to what has been provided until you communicated your withdrawal, compared with the full coverage of the contract.

(3) Additional Instructions

Please use the original packaging material when returning the goods, if it is still available.