GENERAL TERMS AND CONDITIONS

§ 1 Scope and Contracting Party

(1) These General Terms and Conditions apply to all contracts concluded via the FamilienHerzensLiebling online shop at familienherzensliebling.com, as well as via the associated country-specific and foreign-language shop versions.

(2) The contracting party is the entrepreneur of the FamilienHerzensLiebling online shop as identified in the impressum (legal notice).

(3) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

(4) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

(5) In relation to entrepreneurs, conflicting, additional or deviating terms and conditions of the customer shall only apply if FamilienHerzensLiebling has expressly agreed to their validity.

(6) The country-specific regulations of these General Terms and Conditions are primarily based on the sales market and the country of delivery selected in the checkout process.

Mandatory consumer protection regulations of the state in which the consumer has their habitual residence remain applicable, insofar as their legal prerequisites are met and they cannot be excluded by a choice of law.

§ 2 Conclusion of Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer to contract, but an invitation to the customer to place an order.

(2) The customer can initially place selected products in the shopping cart. Before submitting the order, the order data can be reviewed, changed, or deleted using the correction options provided in the ordering process.

(3) By clicking the final, clearly labeled order button, the customer submits a binding offer to conclude a purchase agreement for the products contained in the shopping cart.

(4) FamilienHerzensLiebling can accept the contract offer within five calendar days by:

a) Sending an express order or contract confirmation,

b) Sending a shipping confirmation,

c) Dispatching the goods or handing over the goods to the company commissioned with transport, or

d) Collecting the purchase price or finally debiting the payment method selected by the customer.

If several of these events occur, the contract is concluded at the time the first event occurs.

A mere reservation or authorization of a payment amount does not yet constitute acceptance, as long as the amount has not yet been finally collected or debited.

(5) An automatically sent confirmation of receipt of the order constitutes acceptance of the contract only if this is expressly stated in the respective message.

(6) If the contract offer is not accepted within the acceptance period, no contract is concluded. Payments already received will be refunded immediately via the payment method originally used.

(7) The order data and the contractual terms and conditions applicable at the time of the order will be provided to the customer, in accordance with legal requirements, on a durable medium, in particular by email.

If a customer account is offered, the relevant order data can also be viewed there.

(8) The contract languages are exclusively the languages expressly offered in the respective shop and ordering process. For the German online shop, the contract language is German.

§ 3 Standard Products, Print-on-Demand Products and Personalized Products

(1) FamilienHerzensLiebling offers non-personalized standard products, standardized print-on-demand products, and individually personalized products.

(2) A product is considered personalized if it is not pre-manufactured and its production requires an individual selection or determination by the customer, or if it is clearly tailored to their personal needs.

This includes, in particular, products with:

a) personal names or personal texts,

b) individually uploaded photos or pet photos,

c) individual family, person, or pet portraits,

d) customer-specific data, dedications, or messages,

e) graphics, logos, or image files provided by the customer, or

f) a design individually produced or approved according to customer specifications.

(3) The mere production of an otherwise standardized product only after receipt of the order or using the print-on-demand process does not, by itself, constitute personalization.

Likewise, the selection of a regularly offered standard size, standard color, or standard finish does not, by itself, constitute personalization.

(4) For personalized products, the customer is obliged to carefully check all names, texts, data, images, photos, graphics, and other personalization details for correctness and completeness before placing the order.

(5) If a design, preview, or approval phase is expressly offered for a product, final production will only begin after approval by the customer.

With the approval, the customer confirms, in particular, the correctness of spelling, names, text, image selection, arrangement, and design.

(6) Delays caused by late approval or late or incomplete provision of required information or files will extend the specified delivery time by the corresponding period and a reasonable additional processing time.

(7) After the start of production, changes or voluntary cancellations of personalized products are only possible with the express consent of FamilienHerzensLiebling.

Consent may be made dependent on the customer covering production, processing, design, or material costs already incurred and no longer avoidable.

Mandatory legal rights remain unaffected.

(8) If a personalized product is manufactured according to the specifications submitted or expressly approved by the customer, deviations based solely on incorrect, incomplete, or incorrectly approved customer specifications do not constitute a material defect caused by FamilienHerzensLiebling.

(9) Deviations between the screen display and the actually produced product may arise in particular from different screen settings, color profiles, materials, textile surfaces, and printing technical characteristics.

Minor, technically or materially unavoidable deviations within industry-standard tolerances do not constitute a defect, provided that the agreed quality, usability, and essential overall impression of the product are not impaired.

§ 4 Customer-Provided Content and Third-Party Rights

(1) The customer warrants that they possess all rights, permissions, and consents necessary for the contractual use of the images, photos, texts, names, graphics, logos, trademarks, and other content provided by them.

(2) This includes, in particular, copyrights, trademark rights, name rights, personal rights, data protection rights, and necessary consents of depicted persons.

For depictions of minors, the necessary consents of legal guardians must be obtained.

(3) The customer grants FamilienHerzensLiebling the right, limited in time, space, and content to the contract execution, to use the provided content:

a) to store,

b) to technically process,

c) to integrate into the ordered product,

d) to reproduce for production purposes, and

e) to transmit to service providers commissioned with design, production, personalization, quality control, and shipping,

insofar as this is necessary for the execution of the order.

(4) Use of customer's own photos or other content for advertising, reference, publication, training, or social media purposes will only occur based on separate express consent.

(5) FamilienHerzensLiebling is entitled to refuse or cancel content and orders if there are concrete indications that the content:

a) is unlawful,

b) infringes third-party rights,

c) is dehumanizing, discriminatory, or glorifies violence,

d) contains pornographic or youth-endangering content,

e) is offensive, defamatory, or threatening, or

f) cannot reasonably be expected of FamilienHerzensLiebling or the commissioned service providers for legal or other significant reasons.

Payments already received will be refunded.

FamilienHerzensLiebling's legal claims for a breach of duty or legal infringement for which the customer is responsible, in particular for compensation for already incurred and unavoidable expenses or damages, remain unaffected.

(6) If the customer culpably infringes third-party rights, they shall indemnify FamilienHerzensLiebling from any resulting justified claims of third parties and the necessary and reasonable costs of legal defense.

This does not apply if the customer is not responsible for the infringement.

§ 5 Prices, Taxes, Shipping Costs and Payment

(1) The prices displayed in the respective online shop and sales market, in the currency indicated there, shall apply.

(2) The stated prices include the applicable statutory value-added tax, insofar as FamilienHerzensLiebling is obliged to levy it and include it in the displayed price.

(3) Any additional shipping costs incurred will be clearly indicated on the product page, in the shopping cart, or at the latest in the checkout before the order is placed.

(4) For deliveries to countries outside the European Union, import sales tax, customs duties, processing fees, customs clearance costs, or other public charges may arise.

These charges are only included in the displayed total price if this is expressly stated before the order is placed.

Otherwise, they shall be borne by the recipient and may be collected by the competent authorities, shipping service providers, or other handling service providers.

(5) Only the payment methods actually displayed in the respective checkout are available.

(6) The due date and processing of the payment depend on the selected payment method.

Unless otherwise stated in the checkout or for the respective payment method, the purchase price is due upon conclusion of the contract.

(7) Manufacturing or production may be made dependent on a successful payment receipt or a confirmed payment release.

(8) In the event of an unauthorized chargeback, an abusive chargeback, or any other reversal of a legitimate payment for which the customer is responsible, FamilienHerzensLiebling may claim the outstanding purchase price as well as the legally recoverable and actually incurred costs.

The customer remains entitled to prove that no or a significantly lower damage has occurred.

§ 6 Production, Delivery and Delivery Time

(1) Delivery is exclusively to the countries and regions that can be selected as delivery areas in the respective checkout.

(2) The delivery time applicable to the respective product and country of delivery is stated on the product page or, at the latest, before placing the order in the checkout.

The delivery time may consist of the required production time and the subsequent shipping time.

(3) For personalized products, the specified delivery time only begins when:

a) the agreed payment or payment release has been made,

b) all information and files required for personalization are complete and in a technically usable form, and

c) a design approval provided for in the respective offer has been granted.

(4) If an order contains several products that are produced separately or shipped from different production locations, partial deliveries reasonable for the customer are permitted.

This will not incur additional shipping costs for the customer.

(5) The customer is obliged to provide a complete and accurate delivery address and the contact information required for delivery when placing the order.

(6) If a shipment is returned due to a culpably incorrect or incomplete delivery address provided by the customer, an unauthorized refusal to accept, or a culpably omitted collection, the customer may be charged for the actually incurred and necessary costs of a renewed shipment.

A renewed shipment will generally only take place after these costs have been settled.

Statutory rights of withdrawal, defect, cancellation, and refund remain unaffected.

(7) If an owed good ultimately cannot be delivered, the customer will be informed immediately.

Payments already made for the undeliverable goods will be refunded immediately. Further mandatory rights remain unaffected.

(8) In the event of occurrences beyond FamilienHerzensLiebling's reasonable control and responsibility, in particular natural events, official measures, war, legitimate industrial action, significant operational, production, energy, communication or transport disruptions or comparable events of force majeure, delivery periods shall be extended by the duration of the impediment and a reasonable recommencement period.

The customer will be informed of significant delays.

Mandatory rights of the customer due to delay, final non-delivery or impossibility remain unaffected.

(9) For deliveries to the United States, the mandatory US regulations on shipping promises and shipping delays also apply.

If an order cannot be shipped within the promised shipping time or, if no shipping time was promised, within the mandatory legal period, the customer will receive the legally required delay notification and the option to agree to a delay or to cancel the order for a full refund.

§ 7 Withdrawal, Returns, Exchanges and Cancellations by Sales Market

(1) European Union

For consumers whose contract is subject to the mandatory distance selling law of a member state of the European Union, there is generally a statutory right of withdrawal of fourteen days for non-personalized goods.

This applies in particular to Germany, Austria, Spain, and the other member states of the European Union.

The prerequisites, deadlines, exercise, and legal consequences are set out in FamilienHerzensLiebling's separate cancellation policy and return and refund policy.

The right of withdrawal does not apply to goods that are not pre-manufactured and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to his personal needs.

The mere production of a standardized product using the print-on-demand process does not exclude the right of withdrawal.

If an order contains both personalized and non-personalized products, the exclusion applies exclusively to the actually personalized products.

(2) Switzerland

For orders placed through the Swiss sales market or with a delivery address in Switzerland, no voluntary right of withdrawal, return, or exchange for defect-free goods is granted.

Defect-free products cannot be returned, exchanged, or refunded, in particular, due to:

a) Dislike,

b) a subsequent change of mind,

c) an incorrect size chosen by the customer,

d) an incorrect color or version chosen by the customer,

e) a gift order that is no longer desired,

f) a product incorrectly ordered by the customer, or

g) an otherwise changed purchase decision.

This applies to standardized products, print-on-demand products, and personalized products.

This only applies if FamilienHerzensLiebling has expressly granted a voluntary right of return or exchange for a specific product before the order is placed.

Rights in case of actually defective, damaged, incorrectly delivered or undelivered goods will be reviewed in accordance with § 9 of these General Terms and Conditions and the mandatory applicable law.

(3) United Kingdom

Consumers whose contract is subject to the mandatory distance selling law of the United Kingdom generally have a fourteen-day statutory right of withdrawal for non-personalized goods.

The United Kingdom includes England, Scotland, Wales, and Northern Ireland.

The withdrawal period generally begins on the day after receipt of the goods. After a timely declaration of withdrawal, the goods must generally be returned within another fourteen days.

Personalized goods or goods manufactured according to individual customer specifications are excluded from the right of withdrawal due to a mere change of mind.

The customer bears the direct costs of returning non-defective goods, provided that they were properly informed about this before concluding the contract and FamilienHerzensLiebling has not made any deviating promise.

Mandatory rights in case of defective, damaged, incorrectly described, incorrectly delivered or undelivered goods remain unaffected.

(4) United States of America

For orders placed through the US market or with a delivery address in the United States of America, no voluntary right of return, exchange, or cancellation due to a mere change of mind is granted.

For non-defective goods, the following applies:

ALL SALES ARE FINAL.

A return, exchange, cancellation, or refund for non-defective goods is excluded, in particular, due to:

a) Dislike or buyer's remorse,

b) A subsequent change of mind,

c) An incorrectly selected size by the customer,

d) An incorrectly selected color or standard design by the customer,

e) A gift order that is no longer desired,

f) A product incorrectly ordered by the customer,

g) Standardized print-on-demand products, or

h) Personalized, custom, or made-to-order products.

Mandatory federal or state rights, as well as rights due to actually defective, damaged, substantially incorrectly described, incorrectly delivered, or undelivered goods, remain unaffected.

(5) Other countries outside the European Union

For orders with a delivery address in another country outside the European Union, no voluntary right of withdrawal, return or exchange for non-defective goods is granted, unless explicitly agreed otherwise in the respective shop, product offer or checkout.

Mandatory consumer protection provisions of the respective country remain unaffected.

(6) An exclusion of the right of withdrawal, return or exchange due to dislike does not affect mandatory rights in the event of an actual defect, incorrect delivery, damage or non-delivery in any sales market.

§ 8 Transfer of Risk and Retention of Title

(1) In relation to consumers, the risk of accidental loss or accidental deterioration of the goods generally passes with their handover to the consumer or a recipient designated by them.

(2) If the consumer has independently commissioned a transport company that was not previously named by FamilienHerzensLiebling, the statutory provisions on the transfer of risk apply.

(3) In relation to entrepreneurs, the risk passes upon handover of the goods to the transport company or other person designated to carry out the shipment.

(4) The delivered goods remain the property of FamilienHerzensLiebling until full payment.

§ 9 Defect inspection, complaints and protection against abuse

(1) For actual defects of the delivered goods, the statutory and validly agreed contractual provisions mandatorily applicable in the respective sales market apply.

(2) The customer must describe a complaint as specifically as possible and cooperate in the examination to the extent necessary, available, possible, and reasonable.

This may specifically require the following information and evidence:

a) Order number,

b) Full name of the orderer,

c) Precise description of the complained deviation,

d) Information on the time of detection,

e) Meaningful photographs or video recordings of the product,

f) In case of transport damage, photographs of the shipping packaging, shipping label, and damaged goods, and

g) Further information necessary for allocation and proper examination.

(3) The receipt of a complaint, the request for evidence, communication with the customer, or the acceptance of a complained-about item does not constitute an acknowledgment of a defect, liability, or legal obligation.

(4) FamilienHerzensLiebling is entitled to examine the alleged defect, its cause, the condition of the product, and the justification of the claim made.

(5) The customer must make the complained-about product available for examination and possible subsequent performance upon justified request.

FamilienHerzensLiebling will inform the customer whether and by what means the product should be returned, photographically documented, or otherwise made available for inspection.

A return must not be made to a production partner, fulfillment service provider, or to a return address stated on the shipping label without prior arrangement.

(6) The complained-about product and the associated packaging must be retained until the completion of the necessary inspection and may not be destroyed, disposed of, resold, further processed, repaired, or substantially altered without prior agreement, insofar as retention is possible and reasonable.

(7) A product is not considered defective solely because the complained-about deviation was exclusively caused by:

a) incorrect or incomplete information provided by the customer,

b) spelling, design, or content errors expressly approved by the customer,

c) an incorrect size, color, or design selected by the customer,

d) improper use, storage, cleaning, or care,

e) failure to observe provided washing, care, safety, or usage instructions,

f) normal wear and tear,

g) subsequent alterations, repairs, or processing by the customer or third parties,

h) damages occurring after delivery within the customer's sphere of responsibility, or

i) minor technically or materially unavoidable deviations within usual tolerances.

(8) FamilienHerzensLiebling is entitled to reject obviously unfounded, contradictory, manipulated, or demonstrably untruthful complaints after completion of the review.

(9) In the event of concrete indications of:

a) manipulated photos or documents,

b) willfully false statements,

c) a repeatedly asserted claim for reimbursement,

d) a simultaneous reimbursement and payment chargeback,

e) an unauthorized payment chargeback,

f) the use of third-party order or payment data, or

g) any other attempt at fraud or abuse,

FamilienHerzensLiebling reserves the right to secure evidence, suspend processing until the necessary clarification, and initiate legitimate civil or criminal measures.

Mandatory legal processing, subsequent performance, or refund periods remain unaffected.

(10) A refund, replacement delivery, or other service will only be made if the asserted claim is justified after review or if FamilienHerzensLiebling is obliged to perform due to mandatory law.

(11) If, after a refund, replacement delivery, or successful chargeback, the customer additionally receives the original goods or another replacement service, they must inform FamilienHerzensLiebling immediately.

An unjustified double refund or double performance must not be retained.

(12) For orders to which Swiss sales law applies, the goods must be inspected as soon as is feasible according to the usual course of business after receipt.

Obvious defects must be reported to FamilienHerzensLiebling without undue delay after inspection. Later recognizable or hidden defects must be reported without undue delay after their discovery.

(13) For entrepreneurs for whom the purchase represents a commercial transaction on both sides, the statutory duties of inspection and notification of defects of § 377 HGB apply.

§ 10 Limitation of Liability

(1) In the case of damages caused by slight negligence, FamilienHerzensLiebling is only liable if an essential contractual obligation has been violated.

In this case, liability is limited to the damage that was recognizable as a typical and foreseeable consequence of the breach of duty at the time the contract was concluded.

Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer can regularly rely.

(2) Otherwise, liability for damages caused by slight negligence is excluded.

(3) FamilienHerzensLiebling assumes no responsibility for damages, deviations, or additional costs caused exclusively by:

a) incorrect, incomplete, or misleading information provided by the customer,

b) errors expressly approved by the customer,

c) improper use, handling, cleaning, storage, or care,

d) use contrary to provided care, washing, safety, or usage instructions,

e) subsequent alterations, repairs, or processing by the customer or third parties,

f) normal wear and tear,

g) infringing content provided by the customer,

h) an incorrectly provided delivery address culpably by the customer, or

i) other circumstances originating exclusively from the customer's sphere of responsibility.

This does not apply insofar as FamilienHerzensLiebling is responsible for the damage concerned itself.

(4) FamilienHerzensLiebling is not liable for delays or impediments to performance caused by events outside its reasonable sphere of influence and responsibility, insofar as FamilienHerzensLiebling has neither caused nor improperly prevented them.

Mandatory rights due to final non-delivery or a delay for which FamilienHerzensLiebling is responsible remain unaffected.

(5) The limitations and exclusions of liability in this paragraph do not apply:

a) in case of intentional or grossly negligent conduct,

b) in case of culpable injury to life, body or health,

c) in case of fraudulent concealment of a defect,

d) in case of assumption of an express guarantee or

e) insofar as liability exists due to mandatory statutory provisions, in particular product liability law.

(6) The preceding provisions apply mutatis mutandis to the legal representatives, employees, agents and vicarious agents of FamilienHerzensLiebling.

§ 11 Consumer Dispute Resolution

FamilienHerzensLiebling is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 12 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence, provided that the legal requirements for the application of these provisions are met.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Munich.

(4) For consumers, the mandatory statutory places of jurisdiction apply.

§ 13 Governing Version

For an order, the version of these General Terms and Conditions that was accessible to the customer in the respective online shop when placing their order shall apply.