General Terms and Conditions
1. Scope
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
For Germany: Consumers are, pursuant to § 13 of the German Civil Code (BGB), any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
For Austria: In the following terms and conditions, "consumer" shall be understood as "Konsument" within the meaning of the Consumer Protection Act (KSchG).
For Switzerland: In the following terms and conditions, "consumer" shall be understood as "Konsument" under Swiss law.
Vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly consented to them.
2. Contractual Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Kateryna Ivanchuk, Ivaka Store.
By posting the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Subject Matter of the Contract
4.1 Product Description
Reference is made to the validity of the respective product description as an essential component of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following specificities. In case of uncertainty, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), minor deviations between the displayed and actual product colors are possible.
5. Delivery Terms
5.1 Shipping Costs
Standard shipping is free of charge for orders with a value of
- Germany from €59.00
5.2 Delivery Options
Delivery options
We ship the products to the delivery address provided during the ordering process.
We only deliver by post. Unfortunately, self-collection of the goods is not possible.
6. Payment
6.1 Prices
The prices stated at the time of the order apply. These are total prices and include the statutory value-added tax.
6.2 Due Date and Default of Payment
The price is due upon conclusion of the contract, unless a later date results from the following payment terms.
For customers based in Germany and Austria:
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Vis-à-vis consumers: In the event of default of payment, we reserve the right to charge you a fee of 1.50 euros per reminder for the second and every subsequent reminder. You reserve the right to prove that lower costs were incurred. Further claims remain unaffected.
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Vis-à-vis entrepreneurs: In the event of default of payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate as well as a flat fee of 40 euros. Further claims remain unaffected.
For customers based in Switzerland:
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Vis-à-vis consumers: In the event of default of payment, we reserve the right to charge you a fee of 1.50 euros per reminder for the second and every subsequent reminder. You reserve the right to prove that lower costs were incurred. Further claims remain unaffected.
- Vis-à-vis entrepreneurs: In the event of default of payment, we reserve the right to charge you default interest at a rate of nine percentage points above the base interest rate of the ECB as well as a flat fee of 40 euros. Further claims remain unaffected.
6.3 Payment Methods
In our shop, the following payment methods are generally available to you.
Prepayment
If you select the prepayment payment method, we will provide you with our bank details in a separate email and deliver the goods upon receipt of payment.
Credit card
During the ordering process, you provide your credit card details. Your card will be charged immediately after the order is placed.
SEPA Direct Debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one banking business day in advance (so-called pre-notification). A banking business day is every working day with the exception of Saturdays, nationwide public holidays, as well as December 24th and 31st of each year. The account will be debited after you have received the goods.
PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise regulated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
PayPal, PayPal Express
To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal may offer registered and selected PayPal customers further payment modalities in their customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. You can find more information on this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is handled directly by PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called pre-notification). The account debit takes place before the goods are shipped.
Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is handled directly by PayPal.
Purchase on account via PayPal and Ratepay
Purchase on account via PayPal requires an address and credit check and is handled directly by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").
Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the ordering process.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the ordering process.
giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M., we offer the giropay payment methods. To pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimize yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after the order is placed. You will receive further information during the ordering process.
Giropay may offer registered and selected giropay customers further payment modalities in their customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with giropay. You can find more information on this in your giropay account.
Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking business day after the order is placed.
Amazon Pay may offer registered and selected Amazon Pay customers further payment modalities in their customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Amazon Pay. You can find more information on this in your Amazon Pay account.
Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods via bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
ShopPay
Shopify Inc. 151 O’Connor Street, Ground Floor Ottawa, ON K2P 2L8 Canada
7. Right of Withdrawal
You are entitled to the statutory right of withdrawal as described in the cancellation policy.
8. Retention of Title
The product remains our property until full payment has been made.
For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – regardless of any combination or mixing of the reserved goods with a new item – in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to fulfill your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport Damages
For consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately if possible and contact us promptly. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance company.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier, or the person or institution otherwise intended to carry out the shipment.
10. Warranty and Guarantees
10.1 Liability for Defects
Vis-à-vis consumers based in Germany and Austria:
The statutory liability for defects applies.
For consumers based in Switzerland:
As soon as it is feasible in the ordinary course of business, you should check the condition of the received item and, if defects arise for which the seller is liable, notify them immediately. If the consumer fails to do so, the purchased item shall be deemed approved, unless they are defects that were not recognizable during the usual inspection. If such defects appear later, the notification must be made immediately after discovery; otherwise, the item shall be deemed approved even regarding these defects.
Return the defective product to us with a description of the defect. You bear the transport costs incurred. We provide a warranty by remedying defects. At our discretion, this occurs either by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to price reduction is excluded.
Vis-à-vis entrepreneurs and among merchants:
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and reductions in time limits do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents
• in the event of injury to life, limb, or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal duties)
• within the scope of a guarantee promise, if agreed, or
• as far as the scope of the Product Liability Act is opened.
Restrictions vis-à-vis entrepreneurs
Vis-à-vis entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract apply as an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to § 445a of the German Civil Code (BGB) remain unaffected.
Notice to merchants
Among merchants, the duty of inspection and notification regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to make the notification regulated there, the goods are deemed approved unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
10.2 Guarantees and Customer Service
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
Customer service: Reachable via our website, by email, WhatsApp, or phone.
11. Liability
We are always fully liable for claims based on damages caused by us, our legal representatives, or vicarious agents
- in the event of injury to life, limb, or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee promises, if agreed, or
- as far as the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal duties), due to slight negligence on the part of us, our legal representatives, or vicarious agents, the liability is limited in amount to the foreseeable damage at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
12. Code of Conduct
We have submitted to the following codes of conduct:
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
14. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
Should individual clauses of these General Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain in effect. Insofar as individual clauses are invalid, the content of the contract shall be governed by statutory provisions.
