General Terms and Conditions of Living Crafts GmbH & Co. KG for Online Sales

Version of 1st April 2008

§ 1 Scope
(1) The present General Terms and Conditions shall apply, in the version current at the time when a given contract is concluded, to all business relations between Living Crafts GmbH & Co. KG (hereinafter referred to as Living Crafts) and their Customers for orders placed at the Living Crafts Online Shop. This document can be printed, saved (»Save file as«) or downloaded as pdf-file.
(2) The General Terms and Conditions of Living Crafts shall apply exclusively. Any terms to the contrary or any conditions on the part of the Customer which diverge from the General Terms and Conditions of Living Crafts will not be recognized unless Living Crafts have, in writing in individual cases, given their express consent to them.

§ 2 Registration
(1) In order to place an order, prior registration as a Customer at Living Crafts is a prerequisite. Multiple registrations under different names or addresses are inadmissible. Upon completing the registration pro-cedure, the Customer of Living Crafts shall obtain access to the system.
(2) This admission can be revoked by Living Crafts at any given time without stating a reason. In this event, Living Crafts are authorized to immediately disable the respective user name and password.

§ 3 Formation of Contract
(1) Articles are sold only in small amounts. The display of the product range of Living Crafts on Internet-compatible computers does not represent an offer pursuant to Sections 145 pp. of the German Civil Code (BGB). It is subject to confirmation and non-binding.
(2) By placing an order at Living Crafts on the Internet, via E-mail, telephone, fax or any other means of communication, the Customer submits an offer pursuant to Sections 145 pp. of the German Civil Code, to conclude a contract of purchase with Living Crafts. The Customer shall receive, via E-mail, a confirma-tion that its order has been received (order confirmation notification). This order confirmation notification does not constitute an acceptance of the order; rather it is meant to inform the Customer that its order has been received by Living Crafts. In case of possible errors in the product range details on the home-page, Living Crafts shall, if need be, inform the Customer separately and submit an alternative offer, accordingly.
(3) If Living Crafts accept such an offer, a contract with Living Crafts shall result once Living Crafts dis-patch the ordered product to the Customer or if they confirm the dispatch to the Customer in a second E-mail (shipping confirmation). No purchase contract shall result for products of the same order if they have not been listed in the shipping confirmation.
(4) The minimum order value is 25.00 euros. All prices include the respective currently applicable value added tax.
(5) Orders are deemed accepted under reservation of legal admissibility and availability of the ordered goods or services, and are, in particular, subject to correct and punctual supply to ourselves. If Living Crafts cannot accept the offer of their Customer, the Customer shall, instead of receiving an order con-firmation notification, be informed about the non-availability. Any payments that have already been made by the Customer shall be reimbursed right away.

§ 4 Delivery, Shipping Costs, Online Parcel Tracking
(1) Living Crafts shall deliver the goods ordered by the Customer to the address indicated in the order form as quickly as possible. Living Crafts shall, at all times, be entitled to part deliveries and perform-ance by successive instalments, provided that the Customer can reasonably be expected to accept them. In the event that Living Crafts should effect any part deliveries, the corresponding additional costs shall be borne by Living Crafts.
(2) Any statements concerning the expected delivery period shall be non-binding, unless, in individual cases, Living Crafts have made a promise to this effect in writing. As a rule, the delivery period shall be 3 to 5 working days after receipt of order, which, however, shall not apply in case of receipt of order on Sundays and public holidays.
(3) Within Germany, Living Crafts shall charge a flat rate for packaging of 5.95 euros for each order.
For orders from European countries other than Germany, our shipping and handling costs are listed below:

Belgium	Euros 10.00
Denmark	Euros 10.00
Finland	Euros 19.00
France	Euros 12.00
Great Britain	Euros 12.00
Italy	Euros 14.00
Luxembourg	Euros 10.00
The Netherlands	Euros 10.00
Norway	Euros 14.00
Austria	Euros 10.00
Sweden	Euros 14.00
Switzerland	Euros 12.00

For shipping and handling costs for deliveries into European countries not listed above, please contact a.haeckel@livingcrafts.de.
(4) Delivery within Germany to the postal address indicated by the Customer shall normally be carried out by DHL GO GREEN CO2- NEUTRAL. Deliveries to post office boxes and poste restante mail are inad-missible. The Customer may, however, opt for a DHL EXPRESS delivery within Germany, in which case delivery will be effected by 12.00 noon the next day, excluding Sundays, provided that the order was placed early enough. Presently, the additional charge for DHL EXPRESS deliveries comes to 29.00 euros.
(5) If the Customer submitted an E-mail address to Living Crafts upon placing its order, it shall be sent a parcel number as soon as the order of the Customer has been dispatched by Living Crafts. The Customer can inquire the parcel status at DHL by using the parcel number. Living Crafts, however, cannot influence the inquiry and inquiry status.
(6) In case of importation of goods into countries other than Germany, there may be import charges to be borne by the Customer. These vary according to the respective customs territories. The Customer shall be responsible for seeing to it that the required customs duties and charges are duly paid.

§ 5 Due Date and Payment
(1) Living Crafts can only accept the following methods of payment: direct debit from an account within Germany, direct debit authorisation, prepayment, cash on delivery, credit card and by Pay Pal. If direct debit authorisation is the chosen method of payment, the amount due shall be debited by Living Crafts. If prepayment is chosen as the method of payment, the goods shall only be delivered after the total amount has arrived into our account. If cash on delivery is chosen, there shall be an extra c.o.d. charge of at least 6.00 euros to be borne by the Customer. In addition to the c.o.d. charges, there will be shipping costs pursuant to Section 4 (3) (4).
(2) Living Crafts reserve the right to not make one or more methods of payment, as stated in Section 5 (1), available to individual Customers.
(3) The purchase price as well as any incurred shipping costs shall be due at the conclusion of the con-tract; this stipulation is subject to Section 5 (4).
(4) Especially in certain cases when, at the time of receiving the order, there are already dunning runs as a result of overdue past invoices, Living Crafts reserve the right to insist on cash in advance to the amount of the order value. The same shall apply if the invoiced value of all orders, the total sum of any open invoices or already dispatched goods exceeds 200 euros when such new orders are placed. In such an event, the order will only be processed after payment has been received.
(5) If a Customer is in arrears, Living Crafts are entitled to demand default interest amounting to 5 per cent above the respective basic lending rate (Section 247 of the German Civil Code). Living Craft‘s right to claim higher damages shall remain unaffected by this.
6) The Customer shall only be entitled to a set-off if and to the extent to which its counterclaims are le-gally binding, undisputed or accepted by Living Crafts. The Customer shall only be authorized to exercise its right to retention if its counterclaim is based upon the same contract of sale.

§ 6 Reservation of Ownership
Living Crafts shall reserve the title of the goods until all payments of the contract of sale have been re-ceived. The Customer must immediately inform Living Crafts in writing about any attempts, made by third parties, to access its goods, particularly execution proceedings as well as any other infringements of its property. The Customer shall replace all damages to Living Crafts and bear all costs that have arisen through a breach of this obligation or through necessary intervention measures against the access of a third party. If the Customer is in breach of the contract, particularly if the Customer does not fulfil its obligation to pay in spite of a reminder issued by Living Crafts, Living Crafts can, after setting a rea-sonable deadline, rescind the contract and demand the return of any goods of which they still hold the title. The withdrawal of goods or garnishment by Living Crafts constitutes a rescission of the contract. Any shipping costs thus incurred shall be borne by the Customer. Living Crafts shall be entitled to use the goods once they have received them back. Any proceeds of sale are to be set off against liabilities of the Customer, minus reasonable recovery costs.

§ 7 Withdrawal

Right to revoke
You can revoke your contractual statement in writing (e.g. by letter, fax, E-mail) within one month without stating reasons or - if the goods become your possession prior to the expira-tion of the time limit - by returning the goods. The deadline starts upon receiving these in-structions in writing, but not before the consignee has received the goods (in case of repeated delivery of similar goods not before the first partial delivery has been received and not before our obligation to inform pursuant to Section 312c Subsection 2 of the German Civil Code, in connection with Section 1 Subsection 1,2 and 4 of the Information Act of the German Civil Code (BGB-InfoV) as well as our obligations pursuant to Section 312e Subsection 1 Sentence 1 of the German Civil Code in connection with Section 3 of the Information Act of the German of the German Civil Code has been satisfied. To observe the withdrawal period, it shall suffice to send the cancellation or the goods in time. Any withdrawal shall be addressed to:
Living Crafts GmbH & Co. KG, Schlesier Straße 11, D-95152 Selbitz, Germany E-Mail: service@livingcrafts.de Telefax: +49 (0)9280 - 9810830 (against payment 0.14 euros/min from T-Com land-lines/possibly more for mobile networks) Withdrawal consequences In the event of a binding withdrawal, goods and services received on both sides and, if appli-cable, benefits derived therefrom (e.g. interest) shall be given back. If you cannot return the goods/services received or if you can do so only in part or in a worse state, you may be obliged to replace the value.
This shall not apply to the surrender of goods if the deterioration of the goods can be exclu-sively traced back to their testing, which would have been possible for you in case you had bought them in a shop. Furthermore, you may avoid the obligation of value replacement for any deterioration incurred as a result of using the goods as required by not using the goods like your property and by avoiding anything and everything that could impair their value. Goods that can be sent by parcel delivery shall be returned at our risk. You have to bear the costs to return them if the goods delivered are the ones you ordered and if the price of the goods to be returned does not exceed 40 euros or if, in case of a higher price of the goods, you have neither, at the time of withdrawal, rendered any service in return nor made any par-tial payment as agreed in the contract. Otherwise, reshipment of the goods is free of charge for you. Goods that cannot be sent by parcel delivery shall be collected from you. Any obliga-tions to refund payments must be fulfilled within 30 days. For you, the deadline starts when you send your withdrawal notice or the goods, for us with the receipt thereof.

End of withdrawal instructions

The right to revoke does not apply to contracts
a) for the delivery of flowers or other quickly perishable goods;
b) for the delivery of goods which, based on their nature, are not fit for reshipment (e.g. E-books, downloads etc.);
c) for the delivery of newspapers and magazines;
d) for the delivery of audio and video recordings or software if the delivered data carriers have been un-sealed by the Customer;
e) for the delivery of goods which have been manufactured according to the specifications of the Cus-tomer (e.g. personal books) For the rest, the legal exceptions pursuant to Section 312 d Subsection 4 of the German Civil Code, shall apply.

§ 8 Warranty
(1) Living Crafts shall assume liability within the legal regulations for any defects that exist when the goods are handed over. In the case of contracts with Customers pursuant to Section 13 of the German Civil Code, the warranty period is two years upon delivery of the goods.
(2) In the case of orders placed by Customers who, according to Section 14 of the German Civil Code, are entrepreneurs, the warranty period is limited to one year.
(3) If a Customer received a faulty or damaged product in spite of diligent quality controls, it may con-tact the customer service of Living Crafts from Monday to Thursday between 08.00 and 17.00 and on Fridays between 08.00 and 12.00 o‘clock. They can be reached as follows: service@livingcrafts.de
Telephone : +49 (0)9280 / 981 080 (against payment).
Telefax : +49 (0)9280 / 981 0830 (against payment).
In the event of reshipment, the return form which was enclosed in the delivery shall be used and the defect or damage described briefly. Furthermore, the Customer has to indicate whether it wishes to re-ceive a credit note, reimbursement, or a substitute.
(4) If, upon the expiration of the warranty periods pursuant to Section 8 (1) or Section 8 (2), damage should become apparent in products purchased from Living Crafts, there is the possibility of having them repaired at Living Crafts’ or their suppliers’ or manufacturers’ expense. Customers can find out more about this option by calling the following telephone number of Living Crafts:
Telephone : +49 (0)9280 / 981 080 (against payment).
It may be possible to send an estimate of the costs.

§ 9 Addresses
Providers and contractual partners of offers on this home page:
Living Crafts GmbH & Co. KG, Schlesier Straße 11, D-95152 Selbitz, Germany.
Corporate seat of the company : Selbitz
Managing director : Thomas Greim
Registration court : Local court Hof /Saale, HRA 3921
Turnover tax ID No.: DE 814 004 781
E-mail : service@livingcrafts.de
Telephone : +49 (0)9280 / 981 080 (against payment).
Telefax : +49 (0)9280 / 981 0830 (against payment).

(2) The return address can be found on the delivery note. Otherwise:
Living Crafts GmbH & Co. KG, Schlesier Straße 11, D-95152 Selbitz, Germany.

§ 10 Invoices