Terms of Service

These terms and conditions apply to all contracts between
Designlounge-hh, owner: Harun Uruc
Buscher Weg 33, 21109 Hamburg

(hereinafter “supplier” or “we”) and our customers (hereinafter “customer” or “you”) in our online shop exclusively using means of distance communication (e.g. via the Internet or by telephone). For contracts that we conclude in our offline shop (store), the conditions included there apply.

§ 1 Scope, Definitions
(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions and contractual offers of the customer are hereby contradicted.

(2) The customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract

(1) The customer can select products from our range and collect them in a so-called shopping cart using the "Add to shopping cart" button. The customer submits a binding request to purchase the goods in the shopping cart by clicking the “Order with obligation to pay” button.

(2) Before sending the order, the customer can change or view the data he has entered at any time and correct input errors. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and thereby included them in his application.

(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not represent acceptance of the application.
The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail. The issuing of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. We can also replace the declaration of acceptance by executing the order within 5 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract is concluded when the event that occurs first occurs. In any case, the customer will receive a contract confirmation in text form in accordance with the statutory provisions.
If the customer has not received a declaration of acceptance, invoice or notification of delivery or any goods within 5 days, he is no longer bound to his order. In this case, we will reimburse the customer immediately for any services already rendered.
(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, versions and prices refer to the items offered in each case, but not to any accessories or decorations that may be shown.
(5) If we are not in a position to deliver the ordered goods through no fault of our own and despite all reasonable efforts because our supplier does not fulfill his contractual obligations towards us, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the relevant supplier and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be reimbursed immediately.

(6) The contract language is German.
(7) Order processing and contact within the framework of contract processing are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices on the part of the customer prevent the receipt of contract-related e-mails.

§ 3 Retention of title
The delivered goods remain our property until all claims from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the ongoing business relationship until all claims to which we are entitled from it have been settled.

§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory sales tax plus shipping costs.
(2) The corresponding shipping costs will be specified to the customer before the contract is concluded and are to be borne by the customer unless free shipping has been agreed.

§ 5 Payment
(1) The customer can make the payment according to the payment methods provided in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed payment method provides for a different arrangement.
(3) The customer must ensure that there are sufficient funds in the account. In the case of returned direct debits caused by underfunding, the customer is obliged to reimburse us for the damage incurred as a result.
(4) The customer's obligation to pay default interest does not exclude the assertion of further default damages.
(5) The customer only has the right to offset if his counterclaims have been recognized by us or have been legally established or if the counterclaims stem from the same contractual relationship. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Section 6 Passing of Risk
(1) In relation to consumers, the risk of accidental loss and accidental deterioration of the purchased item only passes to the customer upon delivery of the purchased item to the customer.
(2) The following applies only if the customer acts as an entrepreneur: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage and transport costs).

§ 6a Customer templates
(1) The templates supplied by the customer, individual texts or motifs requested by him (hereinafter "templates") must meet the technical requirements that may be specified in the offer. The customer is responsible for the timely provision of the templates and for sending the templates to us.
(2) The customer shall only provide us with such templates whose contractual use by us does not infringe any statutory provisions and/or the rights of third parties. The customer exempts us from all claims and rights of third parties. The exemption also includes the costs of an appropriate legal defense within the legal scope. We are not liable for the admissibility of the use of the templates supplied by the customer under competition and trademark law. Subject to an express agreement concluded for each individual case, we are not obliged to check the legality or the correctness of the content or form of templates, although we will inform the customer of any errors we have identified.
We are entitled to refuse performance if the content of the print product or the fulfillment of the print order would violate criminal law or other statutory provisions or could be prosecuted as an administrative offense and/or if the print product is obviously racist, xenophobic, violent, radical or otherwise unconstitutional or immoral goals are being pursued.
(3) The customer must deliver any digitally transmitted print documents free of computer viruses, computer worms and other sources of damage. In particular, he is obliged to use commercially available protection programs for this purpose, which must be up-to-date in each case. If we discover sources of damage of the type described above in a transmitted file, we will no longer make use of this file and delete it to the extent necessary to avoid or limit damage (in particular to avoid the source of damage spreading to our EDP), without the customer can assert claims for damages in this connection. We will inform the customer immediately if we realize that a template is unusable.
(4) The customer is obliged to keep a copy of the template until the order has been fully processed, particularly in the event that data transmission fails.

§ 7 Warranty for material defects, guarantee
(1) Claims for defects relating to used items delivered by us expire after one year from handover to the customer. In relation to entrepreneurs, the limitation period for claims for defects for items delivered by us is 1 year. We are otherwise liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) Our liability in accordance with Section 8 of these General Terms and Conditions, in particular for claims for damages by the customer resulting from injury to life, limb or health or from the breach of essential contractual obligations (see Section 8 below), for damage under the Product Liability Act and for any guarantees assumed , remains unaffected by the restrictions of paragraph 1 above. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability in the event of fraudulent concealment of a defect also remain unaffected.
(3) Claims for defects by merchants presuppose that they have complied with their statutory inspection and notification obligations (§§ 377, 381 HGB).
(4) A quality or durability guarantee (§ 443 BGB) on our part for the goods delivered by us only exists if this has been expressly offered and agreed by us. Any manufacturer guarantees remain unaffected.
(5) You can submit any complaints and warranty claims to the address given in the provider identification.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract and those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages from injury to life, limb or health.
(2) The restrictions of the above paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them as well as analogously for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any guarantees assumed remain unaffected.

§ 9 Right of withdrawal
Consumers have a statutory right of withdrawal. You will receive cancellation instructions separately in text form in accordance with the statutory provisions.
§10 Exclusion of the right of withdrawal
The right of withdrawal is then excluded according to Section 312g Paragraph 2 Sentence 1 No. 1 BGB. If the goods ordered are not prefabricated goods that are individualized by the customer. Such an individualization also exists if the customer already changes the color combination of the original product. For example, the original product is white with black printing. The customer also chooses a white product, but changes the color of the print. Already then there is an individualization, so that there is no longer a 14-day right of withdrawal.
§ 11 contract text
The text of the contract is not saved by us and can no longer be called up after the order process has been completed. The customer can print out these terms and conditions and the order data before sending his order and will receive a contract confirmation in accordance with the statutory provisions.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies to the contract to the exclusion of the UN Sales Convention. This choice of law applies to consumers only insofar as the consumer is not deprived of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider the seat of the provider.
(3) The possible invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions.

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Status: 01/25/2021
Version: 4.2
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