Terms and Conditions
§ 1 Scope, Definitions
(1) Morph Studio, Julia Braun, Karl-Marx-Strasse 95, 12043 Berlin, Germany (hereinafter: “we” or “Morph Studio”) operates an online shop for goods at https://morphstudio.eu. The following terms and conditions apply to all services between us and our customers (hereinafter: “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 enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession, whereby a partnership with legal capacity is a partnership equipped with the ability to acquire rights and incur obligations.
§ 2 Formation of Contracts, Storage of Contract Text
(1) The following regulations on contract formation apply to orders via our online shop at https://morphstudio.eu.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to enter into a contract.
(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g., “Add to Cart”, “Add to Bag”, etc.),
- Review of the information in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g., “Proceed to Checkout”, “Proceed to Payment”, “To Order Overview”, etc.),
- Entry/review of address and contact details, selection of payment method, confirmation of the Terms and Conditions and cancellation policy,
- If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, confirmation of a negative characteristic agreement,
- Completion of the order by clicking the “Buy Now” button. This constitutes your binding order.
- The contract is formed when you receive an order confirmation from us at the email address provided within three business days.
(4) In the event of contract formation, the contract is concluded with Morph Studio, Susann Lerche, Hüxstraße 26, D-23552 Lübeck, Germany.
(5) Before placing the order, the contract data can be printed or electronically saved using the browser’s print function. 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, is carried out by email after you trigger the order, partly in an automated manner. We do not store the contract text after the contract is 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 canceling the order process early, 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 is carried out by email, partly in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular is not prevented by spam filters.
§ 3 Subject of the Contract and Essential Product Features
(1) In our online shop, the subject of the contract is:
- The sale of goods. You can find the specific goods offered on our product pages.
(2) The essential features of the goods can be found in the product description. If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, this is expressly indicated in the product description (negative characteristic agreement). If the customer has given their express consent to the negative characteristic deviation, this defines the subject of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices stated 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 delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) For a purchase on account, the minimum order value is €0.00 and the maximum order value is €0.00 for this payment method.
(4) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is marked as shipping-free. The shipping costs will be clearly communicated to you in the offers, if applicable in the shopping cart system, and again in the order overview.
(5) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 8-10 weeks, with chlorination an additional 2-3 weeks, after receipt of payment or after receipt of the order for a purchase on account).
(6) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
(7) If delivery of the goods fails for reasons for which you are responsible, you bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of cancellation. For return shipping costs, the regulation we have made in the cancellation policy applies if you effectively exercise your right of cancellation.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Cancellation
As a consumer, you have a right of cancellation. This is governed by our cancellation policy.
§ 7 Contract Language
German is the only language available as the contract language.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as from tort is limited to intent or gross negligence.
(2) We are liable without limitation in the event of slight negligence in the case of injury to life, body, health, or in the event of breach of an essential contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to damage typically foreseeable under the contract. An essential contractual obligation is one whose fulfillment enables the proper performance of the contract in the first place, whose breach jeopardizes the achievement of the contractual purpose, and on whose compliance you may regularly rely. This includes in particular our obligation to act and to fulfill the contractually owed performance described in § 3.
§ 9 Warranty
(1) The warranty is governed by statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to immediately check the goods/digital goods or the service provided upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this naturally has no effect on 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 of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(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.
(4) Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.