Terms of service

for the online store at the URL

https://www.thestormstudio.com/

operated by

the STORM studio e.K.
Turnstraße 9/1
75328 Schömberg
Email: hello@thestormstudio.com
Phone: +49 176 58061370

- hereinafter referred to as the Provider -

 

1. Scope

These General Terms and Conditions (GTC) apply, once included, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as "Goods") in the online store at the aforementioned URL in the version valid at the time of the contract conclusion. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of the Contract

2.1 The offers in the online store are non-binding invitations by the Provider to visitors of the online store to submit an offer to purchase the goods offered in the store.

2.2 The order of the goods is placed via the Provider’s online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the order process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. The acceptance occurs when the Provider confirms the conclusion of the contract in written or text form (e.g., by email) and this confirmation is received by the customer, or when the Provider delivers the ordered goods and these goods are received by the customer, or when the Provider requests payment (e.g., invoice or credit card payment in the order process) and the payment request is received by the customer; the decisive time for the contract conclusion is the first occurrence of one of the alternatives mentioned in the preceding clause.

2.3 Before the binding submission of the order via the Provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. Additionally, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual input functions.

2.4 The Provider will store the contract text after the contract conclusion and transmit it to the customer in text form (e.g., by email). Further access to the contract text by the Provider is not provided. If the purchase was made via a customer account in the online store, the customer can view their orders and associated order data there.

2.5 The following languages are available for the conclusion of the contract: German, English, French

3. Right of Withdrawal for Consumers

Consumers have a basic right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. Details are provided in the withdrawal policy, which is made available to every consumer no later than immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online store at the time of the order apply. All prices include the statutory VAT and any additional shipping costs indicated. The customer is informed about the available payment methods in the Provider’s online store.

4.2 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.

4.3 If payment via "PayPal" is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.4 If "Sofortüberweisung" is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.5 If Giropay is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price.

6. Delivery and Self-Supply Reservation

6.1 Unless otherwise agreed, delivery is made within the delivery time indicated in the online store to the delivery address specified by the customer. The applicable delivery times are indicated in the online store.

6.2 Self-collection of the purchased goods is excluded.

6.3 If the Provider is unable to deliver the ordered goods because they have not been supplied to the Provider despite a timely and congruent covering transaction with a reliable supplier, the Provider is released from their performance obligation and may withdraw from the contract. The Provider is obligated to inform the customer immediately about the impossibility of performance. Any payments already made by the customer will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The statutory defect liability provisions apply.

8. Liability

8.1 The Provider is liable without limitation:

• for damages resulting from injury to life, body, or health, caused by an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages caused by an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• based on a guarantee promise, if no other provisions are made;
• based on mandatory liability (e.g., under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, the liability is limited to foreseeable damages typical for the contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely.

8.3 Otherwise, the liability of the Provider and the liability of their vicarious agents and legal representatives are excluded.

9. Data Protection

The Provider handles the personal data of their customers confidentially and in accordance with statutory data protection regulations. Details can be found in the Provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their residence state. 

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider’s registered office has jurisdiction unless a mandatory exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The registered office of our company is stated in the header of these GTC.

10.3 If any provision of this agreement is invalid or unenforceable, the remaining provisions of this agreement remain unaffected.

11. Information on Online Dispute Resolution / Consumer Mediation

The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.

The Provider is neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board.

Our email address can be found in the header of these GTC.