Terms of service
Buyers
§ 1 General
a) Scope
The items offered on this page by green-room come from Green Room Services (Jakob Küppers).
These General Terms and Conditions apply to all business relationships between Green Room Services (Jakob Küppers), Moltkestraße 91, represented by its managing directors: Jakob Küppers (hereinafter referred to as “GR”) and the customer in the version valid at the time of the conclusion of the contract. Any conflicting terms and conditions of the customer are expressly rejected.
b) Contract Agreement
The language of the contract is German.
c) Subsequent Amendment of Terms and Conditions
GR is entitled to amend and supplement the General Terms and Conditions for existing business relationships if changes in legislation or jurisprudence require it or if other circumstances arise that disturb the contractual equivalence relationship. A subsequent amendment of the terms and conditions becomes effective if the customer does not object within six weeks after notification of the change. GR will explicitly inform the customer at the start of the deadline about the effect of their silence as acceptance of the contract change and give the customer the opportunity to provide an express statement during the deadline. If the customer objects in time, both GR and the customer can terminate the contractual relationship extraordinarily.
§ 2 Registration / Conclusion of Contract
a) Registration
The display of the range in the GR online shop is non-binding and subject to change. To use the full range of this website, it is initially necessary to create a customer account. The data required for performance by GR will be requested. The entries are confirmed by clicking the “Register” button. The customer will then receive a confirmation email with the login information. The registration is only completed when the customer first logs in on the GR website using these details. The password, which allows access to the personal area, must be treated confidentially and may not be passed on to third parties under any circumstances. The customer takes the appropriate and reasonable measures to prevent third parties from gaining knowledge of the password. A customer account cannot be transferred to another customer or third party.
b) Conclusion of Contract via Website
The ordering process on this website consists of four steps. In the first step, the customer selects the desired goods. In the second step, the customer enters their data, including the billing address and, if applicable, a different delivery address, unless already stored in the customer account. In the third step, the customer selects the payment method. In the fourth step, the customer has the opportunity to review all entries (e.g., name, address, payment method, ordered items) and correct any input errors before confirming the order by clicking the “place order” button. By placing the order, the customer makes a binding offer to conclude the contract. GR will immediately confirm the receipt of the customer’s order. The confirmation of receipt does not constitute a binding acceptance of the order. GR is entitled to accept the contractual offer contained in the order within two days after the end of the time specified in the campaign, either by email, fax, phone, post, or by sending the goods. Upon acceptance, a contract is concluded between GR and the customer.
If certain campaign goals are set, the following applies:
By submitting the completed order form, a binding reservation is made. GR will then send the customer an order confirmation, which, however, does not yet constitute an acceptance of the offer. GR reserves the right to reduce the minimum number of required orders to the actual orders at the end of the campaign or to reject the offer if the minimum number is not reached.
c) Right to Refuse Acceptance
GR reserves the right to reject received orders, especially if GR becomes aware during the order process or suspects that the print motif violates third-party rights or legal regulations.
d) Storage of Contract Text
The contract text is stored by GR and sent to the customer after submitting their order, along with these Terms and Conditions and customer information in text form (e.g., email, fax, or postal mail). The customer can no longer access the contract text via the seller’s website after submitting the order. However, the customer can print the relevant website with the contract text using the browser’s print function.
§ 3 Delivery
a) Partial Deliveries
GR is entitled to make partial deliveries if this is reasonable for the customer. However, no additional shipping costs will be charged to the customer in case of partial deliveries.
b) Delivery and Performance Delays
GR is not liable for delivery and performance delays due to force majeure or extraordinary and unforeseeable events that cannot be prevented even with the utmost care (including strikes, official or judicial orders, and cases of incorrect or improper self-supply despite a corresponding covering transaction). This entitles GR to postpone the delivery for the duration of the hindering event.
c) Withdrawal
If the goods are unavailable due to the reasons mentioned above, GR is entitled to withdraw from the contract. GR will immediately inform the customer about the unavailability and refund any payments made.
d) Exclusion of Delivery
P.O. box addresses and pack stations are not serviced.
e) Delay in Acceptance
If the customer delays acceptance of the ordered goods, GR is entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages due to delay or non-performance. During the delay in acceptance, the customer bears the risk of accidental loss or deterioration of the goods.
f) Delivery Time
Unless otherwise expressly agreed, delivery by GR will take place within 4 weeks. The delivery period begins on the day following the conclusion of the contract. The period ends at the close of the fourth week. If the last day of the period falls on a Saturday, Sunday, or a public holiday officially recognized at the place of delivery, the period ends on the next working day.
§ 4 Payment
a) Prices and Shipping Costs
All prices are inclusive of VAT. Additionally, shipping costs are separately indicated.
b) Payment Methods
The customer can choose between the following payment methods: credit card (Visa, Mastercard, American Express, Maestro, UnionPay), PayPal, Google Pay, Apple Pay, and Shop Pay.
c) Payment Default
The customer is in default if the payment is not received by GR within two weeks after receiving the invoice. In case of default, interest will be charged at 5 percentage points above the base rate of the European Central Bank. If the customer falls into default, GR reserves the right to charge a reminder fee of €5. The assertion of further damages remains unaffected. The customer has the option to prove that GR has not incurred any or only lower damages.
d) Right of Retention
The customer is only entitled to exercise a right of retention for claims that are due and based on the same legal relationship as the customer’s obligation.
§ 5 Right of Withdrawal for Consumers in Distance Contracts
Right of Withdrawal
Consumers have a right of withdrawal according to § 355 for contracts concluded outside of business premises and for distance contracts. This right of withdrawal does not apply to the following contracts unless otherwise agreed:
• Contracts for the delivery of goods that are not pre-made and for whose production the consumer has made a significant choice or specification, or that are clearly tailored to the personal needs of the consumer.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the goods / the last good.
To exercise your right of withdrawal, you must inform us (Green Room Services (Jakob Küppers)) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax, or email). You may use the contact form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (except for the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You must send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling them other than what is necessary to establish the nature, characteristics, and functioning of the goods.
- End of the Right of Withdrawal -
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not pre-made and for which the manufacture is based on an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer. The right of withdrawal also does not apply to contracts for the delivery of goods that are liable to deteriorate or expire rapidly.
§ 6 Retention of Title
The delivered goods remain the property of GR until the full payment of the purchase price is made. The customer must treat the goods subject to simple retention of title with care at all times. The customer assigns any claim or compensation they may receive for the damage, destruction, or loss of the delivered goods to GR. In the event of a breach of contract by the customer, particularly in the case of default of payment, GR is entitled to reclaim the purchased goods. This reclaiming of the goods constitutes a withdrawal from the contract.
§ 7 Warranty
a) Warranty Claim
There are statutory warranty rights. A warranty claim can only arise with respect to the properties of the goods; tolerable deviations in the aesthetic properties of the goods are not covered by the warranty claim.
b) Transfer of Risk
The risk of accidental loss or deterioration of the sold goods passes to the customer only upon delivery of the goods.
c) Notification
If the customer notices that the packaging is damaged upon delivery or discovers any damage to the goods after receipt, GR asks the customer to inform us. However, there is no obligation to provide such notification, nor does failure to notify affect the customer’s warranty rights.
d) Subsequent Performance
If the goods are defective, the customer may choose to demand subsequent performance in the form of rectification or replacement. If the defects are not remedied after two attempts at rectification, the customer is entitled to withdraw from the contract or demand a reduction in price.
e) Rights in Case of Minor Defects
In the case of a minor defect, the customer is only entitled to a reasonable reduction of the purchase price, excluding the right to withdraw from the contract.
f) Damages for Defects
No warranty is provided for damages caused by improper handling or use of the goods. GR only provides damages for defects in the goods in cases of intent or gross negligence. This exclusion does not apply to liability for injury to life, body, or health. The provisions of the Product Liability Act remain unaffected by this exclusion.
§ 8 Technical and Design Deviations
There may be technical or design deviations regarding the descriptions and specifications in brochures, catalogs, and other materials of GR (e.g., material composition, color, weight, dimensions, design, etc.), provided these changes are reasonable for the customer. Such reasonable reasons for changes may arise from normal fluctuations and technical production processes. GR points out that the design created by the customer in the online designer is merely a non-binding preview. There may be deviations in the production concerning scale, positioning, and colors.
§ 9 Color Designations and Size Specifications
As the color designations and size specifications used by GR and/or the manufacturers have been chosen by GR, they are not standardized, which means there may be color and size differences between different manufacturers and their products. Regarding the displayed colors, GR points out that the representation of a color may vary. Therefore, the color displayed in the online shop may not exactly correspond to the color of the product. Textile items should be washed before wearing them for the first time as production-related chemical residues may be present in the textiles. These residues may react with body sweat during wear and cause discoloration of the textiles. However, this does not constitute a defect.
§ 10 Liability
a) Limitation of Liability
GR and its legal representatives and agents are only liable for intent or gross negligence. In cases of violation of essential contractual obligations (i.e., obligations whose fulfillment is of particular importance to achieve the contract’s purpose), liability is also provided for slight negligence. However, the liability is limited to the foreseeable, typical, and direct average damage.
Against entrepreneurs, GR is liable only for gross negligence in the case of violations of non-essential contractual obligations, and only up to the amount of the foreseeable, typical, and direct average damage.
b) Liability Exclusion
The above liability exclusion does not apply to liability for damage to life, body, or health. The provisions of the Product Liability Act remain unaffected by this exclusion.
§ 11 Final Provisions
a) Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is the place of business of GR in Cologne, unless the customer is a merchant, a legal entity under public law, or a public law special fund, or unless the customer does not have a place of jurisdiction in the Federal Republic of Germany.
b) Choice of Law
Unless mandatory legal provisions under the customer’s home law are in conflict, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
c) Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.
d) Alternative Dispute Resolution (B2C)
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board