Terms and conditions
Version from 05.06.2023
Steffen Lüneburg is the owner of xX Airbrush.
Vierländer Damm 30
Tax No.50/149/04 419
Small entrepreneurs according to § 19 UStG
With “us” are titled 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 which cannot, for the most part, be attributed to his commercial or self-employed professional activity. Entrepreneur is a natural or legal person or a legal partnership which, when concluding a legal transaction, is acting in the exercise of its commercial or self-employed professional activity.
The resulting contract concerns the provision of a service by xX Airbrush. Usually it is about the individual surface design of objects. By “object” and “object to be designed” those objects are meant. The respective designs are entitled as “works” or “design.”
The General Terms and Conditions are abbreviated as “Terms and Conditions.”
For all contracts and legal transactions between xX Airbrush and you as a customer.
3. Contract partner, conclusion of contract
4. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We store the signed contract and the signed acknowledgement of receipt and send you a digital copy. At the express request of the customer, we also provide a printed copy.
5. Period of fulfilment
We are obliged to provide the customer with an estimated time period for the fulfillment. We are obliged to open the fulfillment of the order as close as possible to the stated time period. However, due to unforeseen events, delays may occur. Therefore, we are not obliged to keep this period. In case of a longer fulfillment period, the customer has no claims for damages.
6. Delivery conditions
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 shipping costs and the risk are always borne by the customer.
7. Transport damage
If goods are delivered with obvious transport damage, please report such defects immediately to the carrier and contact us immediately. In principle, we are not liable for transport damage caused by third-party service providers.
A pre-agreed down payment is due on our part before starting work. The remaining amount is due after conclusion of the contract and is to be paid within 10 days without deductions. Neither the deposit nor the payment of the balance are refundable. What happens in the event of an early termination of the contract, see point 23 Early termination of the contract.We accept the following payment methods:
Bank transfer to the following account:
Beneficiary: Steffen Lüneburg
Bank: Sparkasse Holstein
IBAN: DE58 2135 2240 0189 0867 39
Payment by PayPal must be made to the following PayPal account:
For the payment method “goods and services”, PayPal charges the payee a fee of 2.49% and a one-time fee of 0.35€. These costs are always borne by the customer. Therefore, in addition to the agreed amount, the customer must pay 2,49% of the amount + 0,35€. If the payment method “goods and services” is chosen, the customer is obliged to inform us in advance.
Cash payment upon collection/ handover
You pay the invoice amount in cash at the time of collection.
9. Extraordinary costs
There may be additional work steps or material costs during the fulfillment of the order
material costs that could not be foreseen before the start of the work. We are obliged to inform the customer about this before the execution of said work. We reserve the right to charge the customer for these extraordinary costs, which are necessary for the fulfillment of the contract and were not foreseeable beforehand.
10. Reservation of title
Goods that have been originally created by us remain our property and in our possession until payment has been received in full. If the object to be painted is provided by the customer, it becomes our property for the period of fulfillment of the order until final receipt of payment. The object will be returned without deductions only after all outstanding invoices have been settled. In case of disputes and non-payment of invoices, we reserve the right to destroy the work performed by us without damaging the object of the customer.
11. Bindingness of dates
Both parties are obliged to observe agreed dates. If one party is unable to attend, it is obliged to inform the other party as soon as possible. If an appointment is not cancelled by the customer or not cancelled in time while we are already on the way to the agreed meeting point of the appointment, the customer is obliged to pay compensation of 25€ for lost work.
12. Copyright, Publication
We have sole copyright to all works, objects, designs and sketches created by us. We reserve the right to publish all objects and works created by us in the form of pictures and videos on the Internet, in print and any other media. For example on https://xx-airbrush.com/, Instagram, TikTok and other providers.
13. Trademark infringement, copyright infringement
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.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from a deliberate or grossly negligent breach of duty of the provider, its legal representatives or vicarious agents. Go. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract, if it was caused simply by negligence, unless it concerns claims for damages of the customer arising from injury to life, body or health.
(3) The limitations of para. 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
15. Motorcycle helmets, bicycle helmets, protective helmets
We are ready to design motorcycle helmets, bicycle helmets and other protective helmets. According to helmet manufacturers, painted or otherwise reworked helmets no longer fulfil their protective function. We expressly point out that lacquered or otherwise reworked protective helmets no longer fully fulfil their protective function and should therefore not be used in road traffic or for other work. They only serve as decorative objects. We accept no liability whatsoever for accidents and damage caused by helmets painted by us which, despite this information, have been used and worn in road traffic or other work. Claims for damages are excluded.
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 slightly from the agreed design. A 100% realization of motifs and designs is not possible in the context of manual work. The customer is therefore not entitled to refuse acceptance or to make deductions.
18. Place of performance
We reserve the right to freely choose the place of performance of the contract. Should the place of fulfillment by the contract be local at the customer’s place of fulfillment, the customer is obliged to grant us free access to the place of fulfillment, household electricity and sockets (230V), running water, sanitary facilities and a parking space. All resulting expenses shall be borne by the customer.
In the case of a location-bound place of performance at the customer’s premises by the contract, we charge a flat-rate kilometre fee of EUR 0.60 per kilometre 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 designed object. Upon handover of the finished work, the customer will be informed about the proper handling.
20. Customer’s acceptance obligation and reworking
Upon handover, the customer is obliged to take a close look at the manufactured goods and to record his satisfaction and acceptance of the goods in writing in the form of a contract. Complaints are only possible in person upon handover. Subsequent complaints are not legally binding. Subsequently, the customer has no right to rework or any complaint. In 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 any problems. The customer has the right to demand up to two repairs from us in the event of defects in the manufactured goods. At the latest after a second rework has been carried out, the customer is obliged to accept the goods. Claims for damages are excluded.
We reserve the right to rework or rectification.
21. Dispute resolution
https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration body.
22. Instruction of revocation
Right of withdrawal
Consumers have a 14-day right of withdrawal.
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Steffen Lüneburg, Meilskamp 30, 22 159 Hamburg, Germany, firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form, which is not mandatory.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.
Consequences of revocation
The right of withdrawal does not apply to contracts – for the supply of goods that are not prefabricated and for whose production an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, e.g. custom made airbrush paints or lacquers. See § 312g para. 2 sentence 1 No. 1 BGB.
In order to comply with the revocation period, it is sufficient that you send the notification on the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for any additional costs arising from your choice of a different type of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the date on which we receive notice of your withdrawal from this contract. He’s gone. For this refund, we use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for this refund.
If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal in respect of this Agreement compared to the total scope of the services provided for in the Agreement.
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 control and which may occur within the withdrawal period, in particular services relating to shares, shares in open investment assets within the meaning of § 1 (4) of the Investment Code and other negotiable securities, foreign exchange derivatives or money market instruments.
For a contract for the provision of services which obliges you to pay a price, the following shall apply: The right of withdrawal shall also expire (early) with the complete provision of the service, if you have expressly consented before the commencement of the provision of the service before the expiry of the withdrawal period and have confirmed your knowledge that your right of withdrawal with full performance of the contract by us expires.
Model withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back.)
– To Steffen Lüneburg, Meilskamp 30, 22 159 Hamburg, Germany, email@example.com
Goods (*) /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 in case of paper notification)
(*) Delete as appropriate.
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 conclusion of the contract, 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 own expense. If the object to be designed was already in our possession before the conclusion of the contract, it also remains in our possession. The customer is not entitled to any other compensation.
In the event of premature termination of the contract by the customer, we are obliged to hand over the object to be designed to the customer again. However, this is only the case if the object to be designed was already owned by the customer before the conclusion of the contract. Otherwise, the object remains 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 is not entitled to any other compensation. The deposit and all other payments are non-refundable. If the advance payment already made does not meet the workload already incurred by us and the material costs incurred, the customer is obliged to pay us an appropriate amount. We determine the amount of the appropriate amount. Under no circumstances may this amount exceed the amount agreed in the contract.
24. Information on data processing
We collect customer data in the context of contacting and processing contracts. 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 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.
We will not use the customer’s data for advertising, market research or opinion research purposes without the customer’s consent.
25. liability notice
Despite careful control of the contents, we do not assume any liability for the contents of external links. The operators of linked pages are solely responsible for their content.
26. Final provisions
Contracts between us and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention and international private 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 relations between the Customer and us shall be the registered office of our side.
(3) The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. The ineffective points shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for a Contracting Party, the Treaty as a whole shall become ineffective.