General Terms and Conditions

1. General

1.1. Contractual Terms Validity

PapierRomantik, owned by Tanja Kugelmann, Augsburger Straße 16, 85221 Dachau, Germany, provides its services exclusively on the basis of the following General Terms and Conditions (T). These apply to all legal relationships between PapierRomantik and the customer, even if not explicitly referred to.

Services are provided exclusively within the framework of the T or changes and additions confirmed in writing by PapierRomantik. Offers are subject to change. The T apply in their version valid at the time of contract conclusion to all subsequent transactions. Conflicting, supplementary, or deviating conditions of the customer are hereby excluded. This also applies if PapierRomantik does not object to them.

1.2. Offer, Contract Conclusion

The scope and conditions, updates, and changes of the contractual services and the fee are derived from the agreements between PapierRomantik and the customer. The contract between PapierRomantik and the customer is concluded when the customer accepts PapierRomantik’s offer or bindingly triggers it online via the Etsy shop. The offer is made via email. Changes and additions to a contract concluded with PapierRomantik require written form. PapierRomantik is entitled to use the help of other companies in fulfilling its services.

1.3. Prices, Taxes, and Fees

All prices are in Euro according to §19 UStG (small business regulation). The prices apply only to the present order. Additional costs arising from unexpected changes to the order during the project duration will be announced by PapierRomantik and invoiced separately. If hourly rates are agreed upon at the time of the offer, only full hours will be charged unless otherwise stated. Upon order placement, the contractor is entitled to 100% of the total amount, unless otherwise agreed in writing.

1.4. Payment Terms

The consumer has the following payment options available: Offline payment (bank transfer/cash payment after order confirmation) and PayPal payment. Compliance with the agreed payment terms is an essential condition for the execution of the delivery or contract fulfillment by PapierRomantik. Non-compliance with the agreed payments entitles PapierRomantik to suspend ongoing work and withdraw from the contract. PapierRomantik begins work as soon as the design fee specified in the offer has been received in the contractor’s account. The customer must ensure that the agreed fee is paid on time (as per written notification from the contractor), as otherwise timely processing and delivery of the ordered services/products cannot be guaranteed. All associated costs are to be borne by the customer. In case of late payment by the customer, the statutory default interest applies at the rate applicable to business transactions. Furthermore, PapierRomantik is not obliged to provide further services until the outstanding amount is settled (right of retention). The obligation to pay the fee remains unaffected.

2. Services

2.1. Concept/Idea Protection Copyright

If PapierRomantik creates a concept for the customer or PapierRomantik performs other preliminary work in view of the main service (drafts, etc.), the concept in its linguistic and graphic parts is subject to copyright law protection. Use and editing of these parts without the consent of PapierRomantik is not permitted to the customer.

The entire associated personnel and material expenses will be charged to the contractual partner with a design fee, even if this concept is not realized or the customer transfers the realization to third parties.

All designs, graphics, photos, texts, and design elements displayed on the website are – unless otherwise stated – intellectual property of PapierRomantik, are subject to copyright, and may not be used for private or commercial purposes without the consent of PapierRomantik. Any violation of copyright will be prosecuted.

If PapierRomantik creates individually designed wedding stationery for the customer, the customer only acquires the usage rights for personal purposes (wedding celebration) within the scope of product creation by PapierRomantik, but not the exclusive rights.

2.2. Offer Submission Order Processing

Usually, a personal/telephone consultation with the customer takes place, on the basis of which the offer is made. The order is placed with the customer’s written confirmation of the offer (by mail or email). After payment of the design fee, PapierRomantik begins work, i.e., drafting the overall concept, creating graphic material and fonts, initial artwork, and preparation of production data.

It is noted that PapierRomantik is generally not obligated to accept the customer’s order. However, in the event that the customer’s order is not accepted, PapierRomantik will endeavor to inform the customer within a reasonable period of time, if possible.

Unless PapierRomantik has clearly indicated otherwise in the product description, all offered items are ready for shipping according to the following phases:

Phase 1: The customer receives the order confirmation from PapierRomantik via email, typically within two business days after placing the order. With the order confirmation, PapierRomantik explicitly requests the customer’s cooperation, i.e., to send individual content (texts, images, etc.).

Phase 2: After the customer has submitted the necessary documents to PapierRomantik, they will receive an initial draft via email within a maximum of seven business days.

Phase 3: At the customer’s request, PapierRomantik will perform three revision/correction cycles (five business days per correction cycle). Each additional correction cycle will be charged at an additional cost of €40.00.

Phase 4: After the customer’s approval for printing, the products are manufactured. Following a production time of approximately 14 business days, or as agreed upon, PapierRomantik will ship the products. Upon delivery, PapierRomantik will issue an invoice for the remaining balance for the respective product.

2.3. Scope of Services Customer’s Duty to Cooperate

PapierRomantik provides services only on the basis of an individually agreed service offer between PapierRomantik and the customer. For services beyond this, the customer must pay a reasonable fee, unless otherwise agreed in writing. As a reasonable fee for personnel expenses, at least the agreed hourly rate according to the offer is agreed upon.

All deliveries, shipments, and returns are at the expense and risk of the customer.

The customer provides PapierRomantik with all documents necessary for the fulfillment of the order in a timely manner and immediately informs about all processes and circumstances that are or could be significant for the execution of the order, even if they only become known during the fulfillment of the order.

The customer agrees to grant approvals (such as print approvals) in a timely manner so that PapierRomantik is not impaired in the workflow and is able to provide the follow-up work without additional costs and quality risk. An approval is considered to be granted in a timely manner if the date set by PapierRomantik for the approval is not exceeded.

For time delays that are not within PapierRomantik’s area of responsibility, the resulting additional effort will be recorded in terms of time and billed according to the agreed hourly rates.

In case of time delays that jeopardize the timely execution of the order and are not the fault of PapierRomantik, PapierRomantik has an extraordinary right of withdrawal. External costs incurred up to this point will be charged to the customer at one hundred percent, and the internal effort incurred so far will be billed according to the agreed hourly rates and is to be paid by the customer.

The customer allows PapierRomantik to name and depict them and specifically completed projects and services provided as a reference, including in public and online marketing.

The customer agrees to check the documents provided for the execution of the order (photos, logos, etc.) for any copyright, trademark, identification rights or other rights of third parties and guarantees that the documents are free from third-party rights and can therefore be used for the intended purpose. PapierRomantik is not liable in the case of slight negligence or after fulfilling its duty to warn – in any case in the internal relationship with the customer – for a violation of such third-party rights by provided documents. If PapierRomantik is held liable by a third party for such a violation of rights, the customer shall indemnify and hold PapierRomantik harmless; they must compensate for all disadvantages arising from claims by third parties, in particular the costs of appropriate legal representation. The customer agrees to support PapierRomantik in defending against any claims by third parties. The customer shall provide PapierRomantik with all documents for this purpose without being asked.

3. Right of Withdrawal, Cancellation Policy and Liability

3.1. Right of withdrawal for non-personalized products

The statutory warranty regulations apply.

The customer can exercise the statutory right of withdrawal from a contract for the delivery of wedding items and from a contract concerning the delivery of non-personalized stationery products. The customer has the right to revoke the contract declaration within 14 days without giving reasons in text form (e.g., letter, email) and by returning the item. The period begins on the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods. To meet the withdrawal deadline, it is sufficient to send the withdrawal or the item in a timely manner. The withdrawal should be addressed to:

PapierRomantik
Tanja Kugelmann
Augsburger Straße 16
85221 Dachau
Germany
info@papier-romantik.de

3.1.1. Consequences of withdrawal for non-personalized products

In case of withdrawal by the customer, PapierRomantik will refund all payments received from the customer, including delivery costs (except for additional costs such as express shipping), immediately and no later than within 14 days. The 14 days begin when PapierRomantik receives notice of the contract withdrawal. For this refund, the same payment method used in the original transaction will be used (unless a different payment method is expressly agreed upon). Under no circumstances will fees be charged for this refund. PapierRomantik may refuse the refund until the goods have been received or until the customer has provided proof of shipment. The customer bears the costs of return shipping. If the customer cannot return the received items affected by the withdrawal or can only return them in a deteriorated condition, the customer may be obligated to provide compensation for the loss in value. This does not apply if the deterioration of an item is solely due to its examination – as would have been possible in a physical store.

3.1.3 Exclusion of the right of withdrawal for personalized products

It is expressly noted that the stationery products supplied by PapierRomantik are goods that are manufactured according to customer specifications and tailored to the personal needs of the customer. According to § 312d para. 4 no. 1 BGB, the customer has no right of withdrawal from contracts concluded at a distance for such goods. Therefore, according to the BGB, the customer has no right to withdraw from a contract concluded with PapierRomantik for the delivery of personalized stationery products.

Minor deviations in the characteristics of wedding items from the descriptions and specifications in the order, particularly regarding color, weight, dimensions, design, or similar features, may result from customary fluctuations, technical production processes, the natural properties of the materials, or screen settings. Such deviations do not constitute product defects and therefore do not give rise to warranty claims by the customer.

PapierRomantik expressly requests written print approval from the customer. The customer has the opportunity to have corrections made. Once the customer gives print approval, final production begins. PapierRomantik assumes no liability for any errors (e.g., spelling mistakes).

3.1.4 Contract termination by PapierRomantik

PapierRomantik is entitled to terminate the contract for important reasons with immediate effect. An important reason exists if:

The execution of the service becomes impossible for reasons for which the customer is responsible or continues to be delayed despite setting a grace period of 14 days.

The customer continues, despite written warning with a grace period of 14 days, to violate essential obligations under this contract, such as payment of a due amount or cooperation obligations.

If the order amount is not fixed because it is billed by the hour, the estimated number of hours for the entire order based on experience will be set as the order amount, and the above-mentioned cancellation rates apply. In this case, PapierRomantik will be permanently released from any further obligation to perform. This legal effect and thus the due date of the fee will occur at the latest with the customer’s declaration that they no longer need the contractual services, but in any case when it becomes clear from the circumstances that the customer will no longer accept PapierRomantik’s services. The customer also indemnifies PapierRomantik from all liabilities towards third parties. External costs must be paid in any case after cancellation by the customer.

Furthermore, PapierRomantik is entitled to transfer the contractual relationship, individual contractual rights (e.g., sub-authorizations) and obligations to third parties or to be represented by third parties at any time without giving reasons. In the event of ordinary termination or transfer of the contract, PapierRomantik will inform the customer and is also entitled to bill the customer for services provided so far according to the agreed fee rates (proportionally according to the services rendered for an agreed total order sum). The customer is obligated to pay the corresponding invoice amount. External costs are to be paid by the customer. If the entire contract or individual contractual obligations are transferred, PapierRomantik is not liable for the performance of the third party; from the time of contract transfer, the customer shall exclusively contact this third party.

3.1.5 Termination of Contract by the Customer

The customer can declare withdrawal from the contract at any time. Any right of revocation remains unaffected. The declaration of withdrawal must be made in writing.

In the event of a withdrawal, the deposit paid will be retained as compensation for the initial services defined in §2.2 para. 1. If the deposit arrangement between the customer and PapierRomantik has been suspended, PapierRomantik will invoice the customer for the material costs incurred and the personnel expenses incurred up to the time of contract termination by the customer. For personnel expenses, at least the agreed fee rate according to the offer will be charged.

In the event of a postponement of the event, the deposit payment can be credited towards the execution of the work at the rescheduled date and is thus considered as creditable balance.

3.2. Liability

PapierRomantik is liable for damages if intent or gross negligence can be proven, within the framework of statutory provisions. Liability for slight negligence is excluded. PapierRomantik is not liable for damaged goods.

Unless otherwise agreed, delivery will be made to the delivery address provided by the customer. The latest order date is announced at the time of the offer to ensure timely completion and delivery by the contractor. PapierRomantik insures the delivery up to 500,- €. No liability is assumed for damages caused by the parcel service. Ownership of the ordered stationery product transfers to the customer upon posting. From this point on, PapierRomantik is no longer liable for the loss or deterioration of the ordered stationery product.

Should PapierRomantik be in default of delivery, the customer’s withdrawal from the contract is only permissible after setting an appropriate written grace period and in case of gross negligence by PapierRomantik. If the customer withdraws from the contract for good cause, they are obliged to prove this good cause in writing. All services provided by PapierRomantik up to the withdrawal from the contract and all external costs must be paid by the customer in accordance with the agreed fee rates, even in this case.

4. Final Provisions and Miscellaneous

4.1 Place of Jurisdiction and Legislation

Unless otherwise agreed, the legal provisions applicable between the customer and PapierRomantik are exclusively subject to German law, even if the order is carried out abroad.

For any disputes, the exclusive local jurisdiction of the competent court for the contractor’s place of business is agreed. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions apply only to the extent that the Consumer Protection Act does not mandatorily provide otherwise.

Changes or additions to written contracts must be made in writing.

Contracts between PapierRomantik and customers are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. German law applies.

4.2. Contract Language

The contract language is German; in exceptional cases and for a fee, contract documents can be offered in English.

4.3. Customer Service

Our customer service for questions, complaints, and objections is available on weekdays from 10:00 AM to 1:00 PM at

Phone: +49 152 / 589 10 684

Email: info@papier-romantik.de

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4.4. Notification Obligations

The customer is obligated to immediately notify in writing of any changes to their personal data, email address, delivery or billing address, as well as other information that PapierRomantik requires for processing the order and fulfilling the contract with the customer. This notification should be sent by email to: info@papier-romantik.de

If the customer fails to fulfill their obligation to inform, they shall bear the consequences thereof. In particular, until notification of a change in the customer’s delivery address, PapierRomantik may perform its obligations with discharging effect to the last known delivery address.

4.5. Definition of “Working Day”

Insofar as these General Terms and Conditions refer to working days, working days are to be understood as the weekdays Monday to Saturday, excluding public holidays applicable in Germany.

4.6. Miscellaneous

Should individual provisions of this contract be or become invalid, this shall not affect the remaining content of this contract.

The contracting parties will work together in partnership to find a regulation that comes as close as possible to the invalid provisions.