Terms & Conditions
GENERAL TERMS AND CONDITIONS
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed with the online shop of
Dreamland Cartoons | Diana Baudach
Managing Director: Diana Baudach
...to make a deal.
(2) Our offer is based on digital drawings, which are produced by hand and on order. Therefore all purchases made through our shop are service contracts (service contracts). For the service offer in our online shop is directed exclusively to
Buyers who have reached the age of 18.
(3) Our services and offers are made exclusively on the
Basis of these general terms and conditions. The General Terms and
Terms and conditions apply to companies & private individuals and therefore also to all
future business relations, even if they are not expressly agreed upon again.
be agreed. The inclusion of general terms and conditions
of a customer, which are subject to our general terms and conditions
is already being contradicted.
(4) Contract language is exclusively German.
(5) You can download the currently valid General Terms and Conditions on the
and print it out.
§ 2 Conclusion of contract
(1) The service presentation in the online shop does not represent a binding application for the conclusion of a service contract (service contract). Rather, it is a non-binding request to order the service in the online shop.
(2) By clicking the button \"Pay now\" you submit a binding service offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the service offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance.
of your service purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A service contract (service agreement) for the service is only concluded when we expressly declare acceptance of the service offer (order confirmation) or when we provide the service to you - without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices
The indicated prices are final prices. In accordance with § 19 UStG we do not charge sales tax and therefore do not show it (small business status)
§ 4 Terms of payment; default
(1) Payment shall be made optionally by:
Invoice per advance payment,
or other payment methods displayed in the shop.
(2) The selection of the respectively available payment methods is up to us. We
in particular reserve the right to make payment to you only for selected
methods of payment, for example to secure our customers' privacy and
Credit risks only prepayment.
(3) If you choose the payment method prepayment we will inform you about our
Bank details in the order confirmation. The invoice amount is
within 10 days after receipt of the order confirmation to our account
to transfer the money.
(4) If payment is made by credit card, the purchase price at the time of the order
reserved on your credit card (authorization). The actual charge
of your credit card account is made at the time we provide the service to you.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) When paying by direct debit, you may have to bear the costs that result from
a reversal of a payment transaction due to insufficient funds in the account or
arise due to incorrectly transmitted bank account data.
(7) If you are in default with a payment, you are obliged to pay the
statutory default interest in the amount of 5 percentage points above the
base interest rate. For each reminder letter sent after the
is sent to you in default, you will be charged a reminder fee of 2.50
unless in individual cases a lower or higher amount is charged.
damage is proven.
§ 5 Offsetting / Right of retention
(1) You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, our services will be provided to the e-mail address you have provided.
(2) The service remains our property until full payment of the purchase price.
(3) As an exception, we are not obliged to deliver the service,
if we have duly ordered the service on our part, but have not received it correctly or on time (congruent hedging transaction).
The prerequisite is that we are not responsible for the missing availability of the service
and have informed you of this fact without delay.
Furthermore, we must not bear the risk of procuring the ordered service
have taken over. If the service is unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure a service ordered (procurement risk). This also applies to the ordering of services which are only described in terms of their type and characteristics (generic goods).
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following applies in addition:
- We retain ownership of the service until the complete
settlement of all claims arising from the current business relationship.
Prior to the transfer of ownership of the reserved service, pledging or assignment as security is not permitted.
- You may resell the service in the ordinary course of business. In this case, you hereby assign all claims in the amount of
Invoice amount, which arise for you from the resale, to us
off. We accept the assignment, but you are obliged to collect
receivables. As far as you have not fulfilled your payment obligations
properly, we reserve the right
to collect receivables themselves.
- In case of connection and mixing of the reserved service we acquire
co-ownership of the new object in the ratio of the invoice value of the
reservation service to the other processed objects at the
Time of processing.
- We undertook to release the securities to which we are entitled upon request
insofar as the realisable value of our securities exceeds the value of the goods to be delivered
exceeds the claims to be secured by more than 10 %. The selection of the
The securities to be released are our responsibility.
§ 7 Revocation instruction
(1) The right of revocation does not apply to the delivery
- of services which are not prefabricated and for whose production a
individual choice or designation by the consumer
or which is clearly tailored to the personal needs of the individual
are tailored to the needs of the consumer. According to § 312g para. 2 sentence 1 no. 1 BGB, there is no right of revocation for individualised products as soon as the provision of services has begun with the individualisation of the goods. A revocation is therefore only possible until the service provision has begun with the drawing of the cartoon.
To exercise your right of revocation, you must
by means of a clear statement (e.g. a letter sent by post,
fax or e-mail) about your decision to revoke this contract,
inform. You can use the attached sample revocation form
but which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the
Exercise of the right of withdrawal before the end of the withdrawal period.
(2) Consequences of revocation
If you revoke this contract, we will have all payments made to you
received from you, including the delivery costs (with the exception of
additional costs resulting from the fact that you have to use a different type
Delivery selected as the cheapest standard delivery offered by us
), immediately and at the latest within fourteen days from the date of
the date on which the notification of your revocation of this contract is received by
...we've entered. For this repayment we use the same
Means of payment that you used in the original transaction,
unless expressly agreed otherwise with you; in no case will you be entitled
In this case you will be charged for this refund.
(3) Model revocation form
If you want to cancel the contract, please fill out this form
and send it back.
I/we (*) hereby revoke the contract concluded by me/us (*) for
the purchase of the following service (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of paper notification)
(*) Delete as applicable.
End of the cancellation policy
§ 8 Damage in transit
(1) If services are delivered with obvious transport damage, then
please complain about such errors immediately to the deliverer and take
please contact us as soon as possible.
(2) Failure to make a complaint or contact us has a negative impact on your
legal warranty rights no consequences. But you help us,
our own claims against the carrier or the
to be able to claim transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your order is subject to
Warranty claims in accordance with the legal provisions of the
right of purchase (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB
the liability period for warranty claims for used goods -
notwithstanding the legal requirements - one year. This
Limitation does not apply to claims for damages arising from
injury to life, body or health or from the
Violation of an essential contractual obligation, the fulfilment of which the
proper implementation of the contract is only possible in the first place, and
on whose compliance the contracting party may regularly rely
(cardinal obligation) as well as for claims due to other damages, which
on an intentional or grossly negligent breach of duty of the
user or his vicarious agents.
(3) In all other respects the statutory provisions shall apply to the warranty,
in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory
Provisions with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the service, but not public praise and statements and other advertising by the manufacturer. Timely dispatch is sufficient to comply with the deadline. This also applies to hidden defects discovered later from the time of discovery. In case of violation of the
The assertion of warranty claims shall be excluded in the event of an obligation to examine and give notice of defects.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence
negligence as well as in accordance with the product liability law. For light
negligence, we are liable for damages resulting from injury to life, limb or health
body and the health of persons.
(2) In all other respects the following limited liability shall apply: In case of slight negligence
we shall only be liable in the event of a breach of an essential contractual obligation,
the fulfilment of which is essential for the proper performance of the contract in general
and on whose compliance you can regularly rely
(cardinal obligation). The liability for slight negligence is limited to the amount
limited to the damages foreseeable at the time of conclusion of the contract, with whose
formation must typically be calculated. This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Alternative dispute resolution
The EU Commission has established a platform for out-of-court dispute resolution
provided. This gives consumers the opportunity to resolve disputes in the
connection with your online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We endeavour to resolve any differences of opinion arising from our contract
to be settled amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you the opportunity to participate in such proceedings.
§ 12 Final Provisions
(1) Should one or more provisions of these GTC be invalid or
the validity of the other provisions of these General Terms and Conditions shall be
(2) Contracts between us and you shall be governed exclusively by German law.
applicable to the exclusion of the United Nations regulations
Convention on Contracts for the International Sale of Goods (CISG, \"UN Sales Convention\").
Mandatory provisions of the country in which you
The choice of law is without prejudice to the place of residence.
(3) If you are a merchant, a legal entity under public law or a public
special assets, our registered office is the place of jurisdiction for all
disputes arising from or in connection with contracts between us and
As of July, 2020