This translation is for information only. The German version is legally binding.
General terms and conditions
Of Party Deko World, Stephan Santos de Sousa, Uhlandstraße 20, 70182 Stuttgart
1. Scope and definitions
These general terms and conditions apply to all contracts concluded with us via partydekoworld.de. Conflicting or deviating terms of the customer only apply if we have expressly agreed to them.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. Entrepreneurs are natural or legal persons who, when concluding the contract, act in the exercise of their commercial or independent professional activity.
2. Offer and conclusion of contract
Our offers are aimed exclusively at persons of full age with full legal capacity. Our offers are not a binding offer, but an invitation to the customer to submit an offer. The customer's order is a binding offer to conclude a contract. We are entitled to accept this offer within two working days, by express declaration or by delivering the goods. The automatically generated order confirmation email does not yet constitute acceptance of the contract and is for information only.
3. Delivery
Delivery is made to the delivery address given by the customer, in one shipment where possible. We are entitled to make partial deliveries insofar as these are reasonable for the customer; we bear any additional costs this causes. Delivery dates given are not fixed dates unless we have expressly confirmed this. In the event of delivery delays due to force majeure or comparable circumstances, we are entitled to postpone delivery accordingly; if this makes performance unreasonable for the customer, they may withdraw from the contract.
4. Non-availability of the service
Every offer is subject to our being supplied ourselves. If the ordered goods are not available because we are not supplied through no fault of our own, we may withdraw from the contract; we will inform the customer without delay and refund any purchase price already paid.
5. Prices and shipping costs
The prices stated include statutory VAT. Any shipping costs are shown during the ordering process. In the event of withdrawal, the customer bears the costs of returning the goods.
6. Payment, due date and default
We only accept the payment methods offered during the ordering process. Except in the case of payment on invoice or cash on delivery, the customer is obliged to pay in advance.
7. Retention of title
The goods delivered remain our property until paid for in full.
8. Individually designed goods (cake toppers, edible cake images)
For products that are individually designed to the customer's wishes (e.g. personalised cake toppers and edible cake images with your own uploaded image), the following also applies:
- The customer provides us with the information, texts or files required for the individual design via the online ordering system.
- The customer undertakes not to submit any data whose content infringes the rights of third parties (in particular copyrights, name rights or trademark rights) or violates applicable law, and indemnifies us against all related claims by third parties, including the costs of any legal representation this makes necessary.
- By submitting the order, the customer confirms that they hold the copyrights to the uploaded image files or have acquired the necessary licences for producing the design from the author or licensor.
- We do not check the submitted data for correctness of content or lawfulness, and to that extent accept no liability for errors or legal infringements caused by content uploaded by the customer.
- Texts, images, graphics and designs created by us as part of the individual design are protected by copyright. Use, reproduction or modification is not permitted without our express consent. Unless otherwise agreed, we grant the customer an unlimited right of use in the copyright-protected works created for them; passing them on to third parties (private or commercial) is expressly prohibited. The transfer of the right of use is subject to the condition precedent of full payment of the purchase price.
- Individual edible cake images and cake toppers cannot be taken back once production has started and therefore cannot be cancelled.
9. Liability
We are liable without limitation for intent and gross negligence and under the Product Liability Act (Produkthaftungsgesetz). If the customer is a consumer, we are liable for slight negligence only in the event of a breach of essential contractual obligations (cardinal obligations), limited to the damage typically foreseeable at the time the contract was concluded. We are not liable for other damage caused by slight negligence. These limitations do not apply to injury to life, body and health, or in the event of fraudulent concealment of a defect or assumption of a guarantee. A manufacturer's guarantee does not constitute a guarantee of our own.
10. Warranty
The statutory warranty rights apply; in the case of material defects, there is initially a claim to subsequent performance. For consumers, the warranty period is two years from handover.
11. Alternative dispute resolution
We do not take part in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer resident outside Germany, mandatory provisions of their country of residence remain unaffected. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.