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General Terms and Conditions

§ 1 Scope, Definitions

(1) Studio Torsten Hink, Streitfeldstraße 33, D-81673 Munich, Germany (hereinafter referred to as “we” or “Studio Torsten Hink”) operates an online shop for goods on the website https://t-hink.de. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. “Entrepreneur” is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text

(1) The following provisions regarding the conclusion of contracts apply to orders placed through our online shop at https://t-hink.de.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

  1. Selection of the desired goods,
  2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
  3. Checking the information in the shopping cart,
  4. Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
  5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
  7. Completing the order by pressing the “Buy now” button. This represents your binding order.
  8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) In the event of a contract being concluded, the contract is formed with Studio Torsten Hink, Streitfeldstraße 33, D-81673 Munich, Germany.

(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by e-mail after the order has been triggered by you, in some cases automatically. We do not save the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s »back button«). They can also be corrected by prematurely canceling the order process, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, is not prevented by SPAM filters.

§ 3 Subject Matter of the Contract and Essential Characteristics of the Products

(1) The subject of the contract in our online shop is:

  1. The sale of goods. You can find the specific goods offered on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be explicitly stated in the product description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, Shipping Costs and Delivery

(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before the product is delivered (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is indicated as free shipping. The shipping costs will be clearly communicated to you again on the offers, if applicable, in the shopping cart system and on the order overview.

(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: 3-7 days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Austria.

§ 5 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.

(2) We are liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, liability for property damage and financial loss resulting therefrom is limited to the damage typically foreseeable under the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.

§ 8 Contract Language

Only German is available as the contract language.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) The warranty period for entrepreneurs for delivered goods is 12 months.

(3) As a consumer, you are requested to immediately check the goods/digital goods or the service rendered for completeness, obvious defects, and transport damage upon fulfillment of the contract, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn (principle of preferential treatment).

(2) The provisions of the UN Sales Convention are expressly not applicable.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.