Terms and Conditions

for the online shop available at

https://frizzycharacters.com/

operated by

FRIZZY GRAPHICS
Hintere Bleiche 3
55116 Mainz, Germany
Email: support@frizzycharacters.com
Phone: +49 151 55695909

- hereinafter referred to as: Provider -

1. Scope of Application

These Terms and Conditions (T&Cs) apply, upon their incorporation, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as "Goods") via the online shop available at the above-mentioned URL, in the version valid at the time of contract conclusion. These T&Cs apply exclusively. Deviating terms of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Contract Conclusion

2.1 The offers in the online shop constitute a non-binding invitation by the Provider for visitors to the online shop to submit an offer for the purchase of the goods offered in the shop.

2.2 The order of the Goods is made via the Provider’s online order form. After selecting the desired Goods, entering all required 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 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 contract in writing or text form (e.g., by email) and this order confirmation is received by the customer, or by delivering the ordered Goods, or by requesting payment (e.g., invoice or credit card payment during the order process) and this payment request is received by the customer. The time of contract conclusion is determined by the occurrence of one of these alternatives for the first time.

2.3 Before submitting a binding order via the Provider’s online order form, the customer can review and correct their entries using the usual keyboard, mouse, touch, or other available input functions. Additionally, all entries will be displayed again in a confirmation window before the final submission, where they can also be corrected using the usual input functions.

2.4 The Provider will store the contract text after the contract conclusion and send it to the customer in text form (e.g., by email). Further access to the contract text by the Provider is not provided.

2.5 The following languages are available for contract conclusion: English

3. Right of Withdrawal for Consumers

Consumers are generally entitled to a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity. Details can be found in the withdrawal notice, which will be made available to the consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory VAT and, if applicable, any shipping costs listed. The customer will be informed of the available payment methods in the Provider’s online shop.

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

4.3 If payment via “PayPal” is agreed, the purchase price becomes due immediately after contract conclusion. The 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.

5. Retention of Title

The purchased Goods remain the property of the Provider until full payment of the purchase price is made.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery will take place within the delivery period stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Collection of the purchased Goods is excluded.

6.3 If the Provider is unable to deliver the ordered Goods because they were not supplied to the Provider through no fault of their own, despite timely conclusion of a corresponding coverage transaction with a reliable supplier, the Provider is released from the performance obligation and may withdraw from the contract. The Provider is obliged to inform the customer immediately of 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 provisions on liability for defects apply.

8. Liability

8.1 The Provider is liable without limitation:

  • for damages arising from injury to life, body, or health that are based on a willful or negligent breach of duty by the Provider or a willful or negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • for damages that are based on a willful or grossly negligent breach of duty by the Provider or a willful or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • on account of a guarantee promise, provided that no other regulation has been made regarding this;
  • on account of mandatory liability (e.g., under the Product Liability Act).

8.2 If the Provider negligently breaches an essential contractual obligation, their liability is limited to the typical, foreseeable damage, unless unlimited liability applies under the preceding paragraph. Essential contractual obligations are those obligations that the contract imposes on the Provider according to its content to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance of which the customer regularly relies.

8.3 In all other respects, the liability of the Provider and the liability of their vicarious agents and legal representatives are excluded.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection provisions. Further 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 lead to the withdrawal of mandatory legal provisions applicable to the consumer in their habitual residence within the EU.

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 place of business has jurisdiction, provided that no 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 Provider’s place of business can be found in the header of these T&Cs.

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

11. Information on Online Dispute Resolution / Consumer Mediation

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

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

You can find our email address at the header of these T&Cs.