This is a convenience translation. The German version of these terms is legally binding.

General Terms and Conditions

§ 1 Scope of Application

(1) These General Terms and Conditions apply to contracts for the purchase of goods concluded by consumers with discover craftsmanship GmbH through the online shop “born on a sunny day”.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

(3) These General Terms and Conditions do not apply to contracts concluded by a customer predominantly for purposes relating to their trade, business or independent professional activity. Separate agreements may be concluded with business customers in individual cases.

(4) Individual agreements between the Seller and the Customer shall take precedence over these General Terms and Conditions. Any deviating terms and conditions of the Customer shall not form part of the contract unless the Seller has expressly agreed to their application.

§ 2 Contracting Party and Supplier Information

(1) The contracting party for all orders placed through the online shop is discover craftsmanship GmbH, Lübecker Straße 126, 22087 Hamburg, Germany.

(2) discover craftsmanship GmbH is represented by its Managing Director, Rachel Elizabeth Jane Lehnich. The company is registered in the Commercial Register maintained by the Local Court of Hamburg under registration number HRB 188115. Its VAT identification number is DE370433249.

(3) The Seller can be contacted by email at contact @bornonasunnyday.com or by telephone on +49 (0)40 98677156.

(4) The online shop operates under the brand and shop name “born on a sunny day”.

§ 3 Conclusion of the Contract

(1) The presentation of goods in the online shop does not constitute a legally binding offer but rather a non-binding invitation to the Customer to submit an offer to conclude a purchase contract. This shall not apply where expressly stated otherwise in relation to a particular product.

(2) The Customer may initially place goods in the virtual shopping basket without any obligation to purchase. Before submitting the order, the Customer may review the information entered and the goods selected, correct any input errors using the correction options provided during the ordering process or cancel the ordering process.

(3) Immediately before placing the order, the Customer shall be clearly and comprehensibly informed of the essential characteristics of the goods, the total price including VAT and any other price components, shipping costs, any delivery restrictions and the accepted payment methods.

(4) By clicking the order button clearly labelled “Order with obligation to pay” or an equivalently unambiguous phrase, the Customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping basket.

(5) Receipt of the order shall be confirmed to the Customer electronically without undue delay. This automatic acknowledgement of receipt merely confirms that the order has been received and does not constitute acceptance of the offer unless acceptance is expressly declared at the same time.

(6) The contract is concluded as soon as the Seller expressly accepts the offer, sends a dispatch confirmation or dispatches the goods. The earliest of these events shall be decisive.

(7) If the order cannot be accepted, the Seller shall inform the Customer without undue delay. Any payments already made shall be refunded without undue delay using the payment method originally employed unless another method of reimbursement has been agreed.

(8) The language of the contract is German. The Seller shall retain a copy of the contract text. The order details and the contractual provisions applicable at the time of the order shall be made available to the Customer together with the contract confirmation on a durable medium, in particular by email.

§ 4 Goods, Product Presentation and Availability

(1) The online shop offers design and handcrafted products in particular. The essential characteristics of each product are set out in the product description, product images and other information provided in the online shop.

(2) Goods produced by hand or in small batches may exhibit variations in texture, weave, grain, pattern, colour shade, surface or material resulting from the materials used or the manufacturing process. Such characteristics do not constitute a general exclusion of statutory rights relating to defects.

(3) If a particular product deviates from the characteristics that may objectively be expected, the Customer shall be clearly informed of this before the contract is concluded. The statutory requirements concerning agreed characteristics and objectively required characteristics shall remain unaffected.

(4) The representation of colours may differ from the actual appearance of the goods depending on the screen and technical settings used. The agreed characteristics of the specific goods ordered shall be decisive.

(5) If goods ordered are unavailable at the time the contract is concluded, the Seller shall inform the Customer without undue delay. Any payments already made shall be refunded without undue delay. The Customer’s statutory rights shall remain unaffected.

§ 5 Prices and Shipping Costs

(1) The prices displayed to consumers in the online shop are total prices in euros. They include statutory VAT and any other price components insofar as these are chargeable by the Seller for the respective delivery.

(2) Shipping costs are payable in addition to the price of the goods. These currently amount to EUR 5.90 for deliveries within Germany and EUR 12.90 for deliveries to Austria, France and Switzerland respectively. The shipping costs actually displayed to the Customer in the online shop before the order is placed shall be decisive.

(3) Goods are currently dispatched primarily using DHL or DPD. The Customer is not entitled to require the use of a particular shipping service provider unless expressly agreed otherwise.

(4) Deliveries to Switzerland may be subject to additional import charges, customs duties, import VAT or other fees. These amounts are not included in the shop price charged by the Seller insofar as they are levied by authorities or service providers in the country of import and are not expressly stated otherwise at checkout.

(5) Where the law requires a unit price to be stated for a product, this shall be displayed in the legally prescribed manner in addition to the total price.

§ 6 Delivery

(1) The Seller currently delivers to Germany, Austria, France and Switzerland. Delivery shall be made to the delivery address provided by the Customer during the ordering process.

(2) The delivery period for deliveries within Germany is generally 3 to 5 working days unless a different delivery period is specified in the respective offer. For deliveries to Austria, France and Switzerland, the delivery period stated in the online shop for the respective destination country shall apply. Cross-border deliveries may take longer.

(3) Any delivery restrictions shall be clearly and prominently displayed to the Customer no later than the start of the ordering process. Unless otherwise stated during the ordering process, the delivery period shall commence on the day following conclusion of the contract or following receipt of payment where payment is required for the conclusion of the contract.

(4) Partial deliveries are permitted only where they are reasonable for the Customer. No additional shipping costs shall be charged for partial deliveries.

(5) If goods cannot be delivered due to unavailability, the Seller shall inform the Customer without undue delay. The Customer’s statutory rights shall remain unaffected. Any payments already made shall be refunded without undue delay if the contract is not performed.

(6) In the case of consumers, the risk of accidental loss of or accidental damage to the goods shall pass, in accordance with statutory provisions, only when the goods are handed over to the consumer or to a third party authorised by the consumer to receive them. Statutory exceptions shall remain unaffected.

§ 7 Payment

(1) The payment methods available during the specific ordering process shall be displayed to the Customer before the order is placed. These include, in particular, payments via PayPal and Stripe, in each case only insofar as the relevant payment method is enabled and offered at the specific checkout.

(2) Where a payment service provider is involved, the terms and conditions of the respective payment service provider shall additionally apply to payment processing. The Seller’s statutory and contractual obligations towards the Customer shall remain unaffected.

(3) The purchase price shall become due upon conclusion of the contract unless otherwise indicated during the ordering process for the payment method selected.

(4) Payments shall be processed exclusively using the methods actually offered during the specific ordering process. If a payment fails or is not executed, the statutory provisions shall apply.

§ 8 Retention of Title

The goods shall remain the property of the Seller until the purchase price has been paid in full.

§ 9 Right of Withdrawal

(1) Consumers are generally entitled to the statutory right of withdrawal in the case of distance contracts. Details of the conditions, withdrawal period, exercise of the right and legal consequences are set out in the separate Withdrawal Instructions. The Withdrawal Instructions shall be provided to the Customer in the manner prescribed by law and transmitted on a durable medium after conclusion of the contract.

(2) The statutory model withdrawal form shall be provided separately. The statutory options for exercising the right of withdrawal shall remain unaffected.

(3) The consumer shall bear the direct costs of returning the goods insofar as the consumer has been duly informed of this and it is legally permissible. Free returns are not offered.

(4) The mere fact that goods are handcrafted, produced in small batches or naturally individual in character does not exclude the right of withdrawal. The right of withdrawal shall be excluded only insofar as a statutory ground for exclusion applies.

(5) Where the contract was concluded online and the statutory requirements are met, the consumer may use the statutory electronic withdrawal function. This function shall be continuously accessible during the withdrawal period, easy to find and clearly labelled “Withdraw from contract” or with equivalent wording.

(6) After entering the information required to process the withdrawal, the consumer may submit the withdrawal declaration electronically using a clearly labelled confirmation button, for example one labelled “Confirm withdrawal”. Upon receipt of the electronically submitted withdrawal declaration, the consumer shall receive an acknowledgement of receipt on a durable medium without undue delay.

(7) The separate Withdrawal Instructions and the model withdrawal form constitute independent consumer information and are not replaced by these General Terms and Conditions.

§ 10 Statutory Liability for Defects

(1) The statutory rights relating to defects shall apply to the goods without restriction. Where the statutory requirements are met, the Customer may, in particular, demand subsequent performance, reduce the purchase price, withdraw from the contract or claim damages.

(2) Natural characteristics or characteristics typical of the materials or craftsmanship of a product do not automatically constitute a defect if they correspond to the agreed characteristics or are to be expected given the nature of the product. The statutory requirements concerning agreed characteristics and objectively required characteristics shall remain unaffected.

(3) A guarantee shall exist only where the Seller or a third party expressly designates it as a guarantee and the respective guarantee terms are duly made available to the Customer. Statutory rights relating to defects shall not be restricted by a guarantee.

§ 11 Liability

(1) The Seller shall be liable without limitation for damage caused by intent or gross negligence, for damage arising from injury to life, limb or health, under the mandatory provisions of the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee expressly assumed.

(2) In the event of a slightly negligent breach of a material contractual obligation, the Seller’s liability shall be limited to damage that is typical of the contract and foreseeable. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely.

(3) In all other respects, the Seller’s liability for damage caused by slight negligence shall be excluded insofar as legally permissible.

(4) The foregoing limitations of liability shall apply accordingly for the benefit of the Seller’s legal representatives, employees and vicarious agents. These provisions shall not result in any modification or reversal of the statutory burden of proof to the detriment of the consumer.

§ 12 Copyright

(1) The texts, product descriptions, product images, photographs, graphics, designs, trademarks, logos and other content published in the online shop are protected by copyright or other statutory rights.

(2) Any use, reproduction, modification, distribution or making available to the public of such content beyond the statutory limitations and exceptions requires the prior express consent of the Seller or the respective rights holder.

(3) The rights of third parties in relation to content displayed in the online shop shall remain unaffected.

§ 13 Data Protection

Personal data shall be processed in accordance with the applicable data protection legislation. Details of the nature, scope, purposes and legal bases of data processing as well as the rights of data subjects are set out in the separate Privacy Policy of the online shop.

These General Terms and Conditions do not constitute a Privacy Policy or consent to the use of cookies. The Privacy Policy and cookie information shall be provided as separate legal texts and made accessible at the designated locations in the online shop.

§ 14 Consumer Dispute Resolution

discover craftsmanship GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

§ 15 Applicable Law

(1) All contractual relationships 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).

(2) In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by those mandatory provisions of the law of the country in which the consumer has their habitual residence from which no derogation by agreement is permitted.

§ 16 Place of Jurisdiction

(1) The statutory places of jurisdiction shall apply to consumers. No agreement conferring exclusive jurisdiction to the detriment of consumers is made.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, Hamburg shall be the place of jurisdiction for all disputes arising from or in connection with the contractual relationship. This shall also apply if the Customer has no general place of jurisdiction in Germany or if the Customer’s domicile or habitual residence is unknown at the time proceedings are commenced, insofar as legally permissible.

§ 17 Final Provisions

(1) Should any provision of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected insofar as legally permissible.

(2) The invalid or unenforceable provision shall be replaced by the applicable statutory provision. This provision does not provide for any reduction of an invalid provision to the maximum legally permissible extent in order to preserve its validity or for any extension of statutory liability.

§ 18 Supplier Information

discover craftsmanship GmbH

Lübecker Straße 126

22087 Hamburg

Germany

Telephone: +49 (0)40 98677156

Email: contact @bornonasunnyday.com

Represented by its Managing Director: Rachel Elizabeth Jane Lehnich

Registration Number: HRB 188115

VAT Identification Number pursuant to Section 27a of the German VAT Act (UStG): DE370433249

Online Shop / Brand Name: born on a sunny day

Terms & Conditions