Version from 29.11.2024

1. clarification of terms

Steffen Lüneburg is the owner of xX-Airbrush.

Steffen Lüneburg

Vierländer Damm 30

20539 Hamburg

Hamburg, Germany

e-mail: info@xx-airbrush.com

Tax no.: 46/149/03304

Small business according to § 19 UStG

The term “us” refers to xX-Airbrush and Steffen Lüneburg as its owner. The “customer” is the consumer. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The resulting contract is about the provision of a service by xX-Airbrush. It usually concerns the individual surface design of objects. The terms “object” and “object to be designed” refer to those objects. The respective designs are referred to as “works” or “design”.

The General Terms and Conditions are abbreviated as “GTC”.

2 Scope of application

For all contracts and legal transactions concluded between xX-Airbrush and you as a customer.

3 Contractual partner, conclusion of contract

The contract between Steffen Lüneburg and the customer is usually concluded verbally, i.e. in person or on the telephone, or in writing, e.g. by email, and is legally binding by mutual agreement of the parties. The GTC are accepted by the customer in text form.

4 Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

5. period of performance

We are obliged to provide the customer with an estimated time frame for the fulfillment period. We are obliged to commence fulfillment of the order as close as possible to the specified period. However, unforeseeable events may cause delays. We are therefore not obliged to adhere to this period. In the event of a longer fulfillment period, the customer shall have no claims for damages.

6. terms of delivery

The customer can bring the object to be designed directly to us by arrangement. At the customer’s request, the object can also be sent to us by post. After conclusion of the contract, we will send the object back to you by post. The customer always bears the shipping costs and the risk.

7. transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. We are not liable for any transport damage caused by third party service providers.

8 Payment

A previously agreed down payment is due before we start work. The remaining amount is due after conclusion of the contract and must be paid within 10 days without deductions. Neither the deposit nor the payment of the balance is refundable. What happens if the contract is terminated prematurely can be seen under point 23 Premature termination of the contract. We accept the following payment options:

Bank transfer

Bank transfer to the following account:

Beneficiary: Steffen Lüneburg

Bank: Deutsche Kreditbank AG

BIC: BYLADEM1001

IBAN: DE90 1203 0000 1204 2208 24

PayPal

Payment via PayPal is to be made to the following PayPal account:

info@xx-airbrush.com

Paypal.Me Link:

https://paypal.me/xXAirbrush?country.x=DE&locale.x=de_DE

For the “Friends and Family” payment method, the agreed amount must be paid.

For the “Goods and services” payment method, PayPal charges the payee a fee of 2.49% and a one-off fee of €0.35. These costs are always borne by the customer. These costs are always borne by the customer. Therefore, the customer must pay 2.49% of the amount + €0.35 in addition to the agreed amount. If the payment method “goods and services” is selected, the customer is obliged to inform us in advance.

Cash payment on collection/handover

You pay the invoice amount in cash on collection.

9 Extraordinary costs

During the fulfillment of the order, there may be additional work steps or material

material costs that were not foreseeable before the start of the work. We are obliged to inform the customer of this before carrying out said work. We reserve the right to charge the customer for these extraordinary costs which are necessary for the fulfillment of the contract and which could not have been foreseen beforehand.

10 Retention of title

Goods created by us remain our property and in our possession until full payment has been received. If the object to be painted is made available by the customer, it shall become our property for the period of fulfillment of the order until final receipt of payment. The object will only be returned after all outstanding invoices have been settled without deductions. In the event of disputes and non-payment of invoices, we reserve the right to destroy the work performed by us without damaging the customer’s property.

11 Binding nature of deadlines

Both parties are obliged to keep agreed appointments. If one party is unable to attend, it is obliged to inform the other party as soon as possible.

12. copyright, publication

We have the sole copyright to all works, objects, designs and sketches created by us. We reserve the right to publish all objects designed and works created by us in the form of images and videos on the Internet, in print media and any other media. For example on https://xx-airbrush.com/, Instagram, TikTok and other providers.

13. trademark infringements, copyright infringements

The customer is obliged to clarify possible trademark and copyright infringements with the respective parties before concluding the contract. The customer is solely liable for trademark and copyright infringements.

14 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

15. motorcycle helmets, bicycle helmets, safety helmets

We are ready to paint motorcycle helmets, bicycle helmets and other safety helmets. According to most helmet manufacturers, however, their helmets must not be covered with stickers or painted, otherwise the manufacturer’s warranty and liability will be voided. The fact that the helmets are painted and glued on by the manufacturer is irrelevant. We expressly point out that painted or otherwise reworked safety helmets potentially no longer fulfill their protective function without restriction and should therefore not be used in road traffic or for other purposes. They only serve as decorative objects. We accept no liability whatsoever for accidents and damage caused in connection with helmets painted by us that have been used and worn in road traffic or for other purposes despite this notice. Claims for damages are excluded.

At the express request of the customer, it is possible to have a material report drawn up by a suitable test center for a helmet painted by us and to test the helmet for the existence of its protective function. All costs incurred for this must be paid by the customer. Please contact us if you have any further questions on this subject.

16. integration of the company logo

We reserve the right to integrate our company logo into the work in consultation with the customer. However, this will only be done with the agreement of both parties.

17. reservation of minor deviations

We reserve the right to deviate from the agreed design to a small extent. It is not possible to implement motifs and designs 100% within the scope of manual work. Minor imperfections are also normal in the context of manual work and do not automatically constitute a defect. This does not entitle the customer to refuse acceptance or to deductions from payment.

18. place of fulfillment

We reserve the right to freely choose the place of fulfillment of the contract. If the place of performance is bound by the contract to the customer’s location, the customer is obliged to grant us free access to the place of performance, household electricity and sockets (230V), running water, sanitary facilities and a parking lot. All resulting expenses shall be borne by the customer.

If the place of performance is bound to the customer by the contract, we charge a flat rate of EUR 0.30 per kilometer driven. From the 21st kilometer driven we charge 0.38 Euro per kilometer driven.

19 Liability for improper handling

We are not liable for any damage caused by improper handling, e.g. cleaning with unsuitable cleaning agents, of the finished object. When the finished work is handed over, the customer shall be informed about the proper handling.

20 Obligation of the customer to accept and rework

The customer is obliged to inspect the finished goods carefully on delivery and to record his satisfaction and acceptance of the goods in writing in the form of a contract. Complaints may only be made in person at the time of delivery. Subsequent complaints are not legally valid. Subsequently, the customer no longer has the right to rework or make any complaint. In the case of dispatch, complaints must be made within 5 days of receipt of the goods, otherwise the goods shall be deemed to have been accepted without complaint. The customer has the right to demand reworking from us up to two times in the event of defects in the manufactured goods. The customer is obliged to accept the goods at the latest after the second rework has been carried out. Claims for damages are excluded.

We reserve the right to rework or repair.

21 Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

22 Cancellation policy

Right of withdrawal

Consumers have a fourteen-day right of withdrawal.

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (Steffen Lüneburg, Vierländer Damm 30, 20539 Hamburg, Deutschland, info@xx-airbrush.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but this is not obligatory.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to contracts – for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, e.g. airbrush paintwork or paintwork made individually according to customer requirements. See § 312g para. 2 sentence 1 no. 1 BGB.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

The right of withdrawal does not apply to the following contracts:

Contracts for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period, in particular services in connection with shares, units in open-ended investment funds within the meaning of Section 1 (4) of the German Investment Code and other tradable securities, foreign exchange, derivatives or money market instruments.

The following applies to a contract for the provision of services that obliges you to pay a price: The right of withdrawal also expires (prematurely) when the service has been provided in full if you have expressly agreed before the start of the service that we will start providing the service before the end of the withdrawal period and have confirmed your knowledge that your right of withdrawal expires when we have fulfilled the contract in full.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

– To Steffen Lüneburg, Vierländer Damm 30, 20539 Hamburg, Germany, info@xx-airbrush.com

– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following

goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date

(*) Delete as applicable.

23. early termination of the contract

Both parties have the right to terminate the contract prematurely before successful fulfillment of the contract objective.

In the event of premature termination of the contract by us, we are obliged to reimburse the customer for all payments made. If the object to be designed was already the property of the customer before the contract was concluded, we are obliged to return the object to the customer. If the object has already been processed by us, we are obliged to restore the original condition at our expense. If the object to be designed was already in our possession before the contract was concluded, it shall also remain in our possession. The customer has no right to any other compensation.

In the event of premature termination of the contract by the customer, we shall be obliged to return the object to be designed to the customer. However, this is only the case if the object to be designed was already the property of the customer before the contract was concluded. Otherwise, the object shall remain in our possession. We are not obliged to restore the original condition of the object or to pay for the restoration of the original condition by third parties. The customer has no right to any other compensation. The deposit and all other payments are non-refundable. If the down payment already made does not do justice to the work already carried out by us and the material costs incurred, the customer shall be obliged to pay us a reasonable sum. We shall determine the amount of the appropriate sum. Under no circumstances can this sum be higher than the sum agreed in the contract.

24. information on data processing

We collect customer data in the course of establishing contact and processing contracts. In doing so, we observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, we will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

Without the customer’s consent, we will not use the customer’s data for the purposes of advertising, market or opinion research.

You can find more details in our privacy policy at https://xx-airbrush.com/datenschutzerklaerung/

25. liability notice

Despite careful control of content, we accept no liability for the content of external links. The operators of linked pages are solely responsible for their content

26. final provisions

The law of the Federal Republic of Germany shall apply to contracts between us and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

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 us shall be our registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.