1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery and availability of goods
6. Payment modalities
7. Reservation of proprietary rights
8. Warranty of quality and guarantee
9. Liability
10. Cemetery statutes: design, fixing and copyright
11. Storage of the contract text
12. Final provisions

1. Scope of application
1.1. For the business relationship between [Kreativ-Kreuz GmbH, owners: Nursah Capulcu and Linda Pauksztat, Ahrstraße 20 in 26382 Wilhelmshaven, Germany] (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively in their at the time of Order valid version.

1.2. You can reach our customer service for questions and complaints on working days from 9:00 a.m. to 3:00 p.m. on the telephone number 04421 – 6970400 or by email at team(at)adieu-shop.de.

1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless something else is noted for the products. Incidentally, errors remain reserved.

2.2. The product images in the online shop have been created digitally – based on the original product. Since these are handmade wood products, each of which has its own visual characteristics (including grain, ramifications), the items shown in the online shop may differ from the product ultimately received.

2.3. The products offered in the online shop are personalized grave monuments, so that their lettering is produced according to the image configured by the customer. Since these are handmade products, the seller reserves the right that there may be minimal deviations from the preview image that the customer received.

3. Order process and conclusion of contract
3.1. The customer can select non-binding products from the seller’s range and personalize them using the “Configure tomb” button. Using the “Add to cart” button, customers can collect products in what is known as a shopping cart. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then use the “Checkout” button in the shopping cart to complete the ordering process.

3.2. The customer submits a binding application to purchase the goods in the shopping cart via the “order with obligation to pay” button. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic “order confirmation” by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. After the seller has checked the order or the configured image, the customer receives another e-mail about the order confirmation (“Thank you for your order”). The purchase contract is only concluded when the seller sends or hands over the ordered product to the customer or has confirmed the shipment to the customer within 2 days with a second e-mail, an explicit order confirmation or sending the invoice.

3.4. When paying in advance, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article when paying in advance is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices quoted on the seller’s website include the applicable statutory sales tax.

4.2. In addition to the prices quoted, the seller charges appropriate fees for the type of production and delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery and availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately, although this is excluded for personalized products.

5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page “Shipping & Delivery” or within the respective product description.

6. Payment modalities
6.1. The customer can choose from the available payment methods before completing the order process. Customers are informed about the available means of payment on a separate information page “Payment methods”.

6.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.

6.3. If third-party providers are commissioned to process payments, such as PayPal, their general terms and conditions apply.

6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not preclude the seller from asserting further damage caused by default.

6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Reservation of proprietary rights
The delivered goods remain the property of the seller until they have been paid for in full.

8. Warranty of quality and guarantee
8.1. The guarantee is determined according to legal regulations.

8.2. The goods delivered by the seller are only guaranteed if this has been expressly given. Customers are informed of the warranty conditions before the order process is initiated. There is no guarantee attached to the personalized tombs, as the durability depends on various factors, such as weather conditions and the nature of the soil.

8.3. Most of the products offered in the online shop are made of wood, which is a living material. This means that changing weather conditions can result in changes to the products that are typical for wood. The wood (here: larch) has a residual moisture of around 15 (+/- 3) percent at the time of processing. As a result of longer dry phases, for example, small cracks can form in the wood and on the glue seam, but these can close up again due to changes in the weather. In addition, wood generally reacts to solar radiation, so that it can darken and turn gray over time. In addition, as nature dictates, the tombs have irregular ramifications. This gives each tomb its unique appearance. The product image in the online shop does not look like the physical product purchased. These characteristics are therefore not defects in the product, but the natural properties of wood.

9. Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, irrespective of the other statutory entitlement requirements.

9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Cemetery statutes: design, fixing and copyright
10.1. The seller informs the buyer of the existence of a cemetery statute on a separate information page and immediately before the purchase is made. In a cemetery statute of the cemetery concerned, among other things, the design rules for the grave are given. The buyer is responsible for checking whether the tomb he has configured may be erected in this form and whether it complies with the specifications of the respective cemetery owner. The seller assumes no liability here.

10.2. If the buyer uploads a photo or a portrait for the configuration, the rights to use the image must be confirmed. The picture may not be subject to any copyright protection or be the property of third parties. If the picture is a photograph of the deceased person, the person has the permission of a relative to publish it. In addition, the buyer is obliged to obtain information about the dimensions of the picture on the tomb in the cemetery statutes or from the responsible cemetery operator.

10.3. To ensure that the tomb is stable, the seller recommends that it be sunk sufficiently into the ground. However, this is at your own discretion and must be assessed depending on the nature of the soil. The customer can refer to the cemetery statutes for information on the design of the tombs and the proper installation, or they can coordinate this directly with the cemetery operator concerned. The seller assumes no liability for the proper erection of the tomb by the customer.

11. Storage of the contract text
11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

11.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than with the delivery of the goods, the customer will also receive a copy of the terms and conditions along with the cancellation policy and the information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.

12. Final provisions
12.1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.

12.2. The contract language is German.

12.3. European Commission Online Dispute Resolution (OS) platform for consumers: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute settlement procedure before a consumer arbitration board.