Terms of service

General Terms and Conditions (GTC)

1. scope of application

1.1 These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) via our online store “Otter Vibes”.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2. provider and contractual partner

The contract is concluded with:

DigitalWave by Constantin Bonschab

Am Sportplatz 1b

85114 Buxheim

E-mail: ottervibes.contact@gmail.com

Sales tax identification number: DE364478697

3. subject matter of the contract

3.1 The subject of the contract is the sale of goods, in particular textile products with individual designs, which are produced to order.

3.2 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding invitation to place an order.

4 Conclusion of contract

4.1 By completing the order using the “Buy now” button, the customer submits a binding offer to purchase the goods contained in the shopping cart.

4.2 The contract is only concluded upon our express confirmation by e-mail or by the dispatch of the goods.

4.3 If an item is not available, we reserve the right not to accept the customer's offer. In this case, the customer will be informed immediately.

5. prices and terms of payment

5.1 All prices are inclusive of VAT and exclusive of any shipping costs, unless otherwise stated.

5.2 Shipping costs are shown separately in the order process.

5.3 Payment is made via the payment methods offered in the store, e.g. credit card, PayPal, Shopify Payments.

5.4 The purchase price is due immediately upon conclusion of the contract.

6. delivery and shipping

6.1 Delivery is carried out by our partner Spreadshirt (SpreadConnect). Spreadshirt is responsible for the production and shipping of the goods.

6.2 The estimated delivery time is displayed during the ordering process.

6.3 If a delivery is not possible for reasons for which we or Spreadshirt are responsible, the customer will be informed immediately and any payments made will be refunded.

6.4 Partial deliveries are permitted, provided they are reasonable for the customer.

7. right of withdrawal

7.1 Consumers have a right of withdrawal in accordance with § 312g BGB. The withdrawal period is 14 days from receipt of the goods.

7.2 Exceptions to the right of withdrawal**:** The right of withdrawal does not apply to individually designed products that were manufactured according to customer specifications (§ 312g para. 2 no. 1 BGB).

8. returns and complaints

8.1 Returns of non-individualized products are possible within 14 days. The customer shall bear the return costs, unless the goods are faulty or damaged.

8.2 Separate complaints rules apply to customized products: In the event of production errors or damage, please contact us at [e-mail address]. We will take care of replacement or refund.

9. reservation of title

The goods remain our property until full payment has been made.

10 Liability

10.1 We shall be liable without limitation in cases of intent and gross negligence as well as for damages resulting from injury to life, body or health.

10.2 In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract.

10.3 Liability for indirect damages, consequential damages or loss of profit is excluded to the extent permitted by law.

11 Warranty

11.1 The statutory warranty rights apply.

11.2 In the event of production defects or damage to the goods, a replacement will be supplied or the purchase price refunded.

12. data protection

12.1 Personal data is processed in accordance with our privacy policy, which can be viewed on our website.

12.2 The customer agrees to the transmission of their data to Spreadshirt insofar as this is necessary for the production and delivery of the goods.

13. final provisions

13.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 Should individual provisions of these GTC be invalid, the remainder of the contract shall remain valid.

13.3 Amendments or supplements to these GTC must be made in writing.