Terms of service

§ 1 Scope and contracting party

(1) These General Terms and Conditions apply to all contracts concluded via the online shop FamilienHerzensLiebling 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 online shop FamilienHerzensLiebling identified in the legal notice.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their self-employed 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 self-employed professional activity.

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

(6) The country-specific provisions of these General Terms and Conditions are governed in principle by the sales market selected at checkout and by the country of delivery.

Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain applicable, provided their statutory requirements are met and they may not 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 contractual offer, but an invitation to the customer to place an order.

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

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

(4) FamilienHerzensLiebling may accept the contractual 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 the goods over to the company commissioned with the transport, or

d) collecting the purchase price or definitively charging the payment method selected by the customer.

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

The mere reservation or authorisation of a payment amount does not yet constitute acceptance as long as the amount has not been definitively collected or charged.

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

(6) If the contractual offer is not accepted within the acceptance period, no contract is concluded. Payments already received will be refunded without delay via the payment method originally used.

(7) The order data and the contractual terms applicable at the time of the order will be made available to the customer on a durable medium, in particular by email, within the scope of the statutory requirements.

Insofar as a customer account is offered, the relevant order data may additionally 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 personalised products

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

(2) A product is deemed personalised if it is not prefabricated and an individual selection or specification by the customer is decisive for its manufacture, or if it is clearly tailored to the customer’s personal requirements.

This includes in particular products with:

a) personal names or personal texts,

b) individually uploaded photos or animal photos,

c) individual family, personal or animal portraits,

d) customer-specific data, dedications or messages,

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

f) a design individually created or approved according to the customer’s specifications.

(3) The mere manufacture of an otherwise standardised product only after receipt of the order, or by print-on-demand, does not in itself constitute personalisation.

Nor does the selection of a regularly offered standard size, standard colour or standard version in itself constitute personalisation.

(4) In the case of personalised products, the customer is obliged to carefully check all names, texts, data, images, photos, graphics and other personalisation details for accuracy and completeness before submitting 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 accuracy of spelling, names, text, image selection, arrangement and design.

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

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

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

Mandatory statutory rights remain unaffected.

(8) If a personalised product is manufactured in accordance with the details submitted or expressly approved by the customer, deviations resulting exclusively from incorrect, incomplete or erroneously approved customer details do not constitute a defect caused by FamilienHerzensLiebling.

(9) Deviations between the on-screen representation and the product actually manufactured may arise in particular from different screen settings, colour profiles, materials, textile surfaces and printing characteristics.

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

§ 4 Content provided by the customer and third-party rights

(1) The customer warrants that they hold all rights, permissions and consents required 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, personality rights, data protection rights and the necessary consents of the persons depicted.

Where minors are depicted, the necessary consents of their legal guardians must be available.

(3) The customer grants FamilienHerzensLiebling the right, limited in time, territory and content to the execution of the contract, to:

a) store the content provided,

b) edit it technically,

c) incorporate it into the ordered product,

d) reproduce it for the purpose of manufacture, and

e) transmit it to the service providers commissioned with design, manufacture, personalisation, quality control and shipping,

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

(4) The use of the customer’s own photos or other content for advertising, reference, publication, training or social media purposes takes place exclusively on the basis of separate express consent.

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

a) is unlawful,

b) infringes third-party rights,

c) is inhumane, discriminatory or glorifies violence,

d) contains pornographic content or content harmful to minors,

e) is insulting, 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.

Statutory claims of FamilienHerzensLiebling arising from a breach of duty or infringement for which the customer is responsible, in particular for compensation of expenses or damages already incurred and no longer avoidable, remain unaffected.

(6) If the customer culpably infringes third-party rights, they shall indemnify FamilienHerzensLiebling against the legitimate claims of third parties arising therefrom, as well as against the necessary and reasonable costs of legal defence.

This does not apply insofar as 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 apply, in the currency indicated there.

(2) The prices stated include the applicable statutory value added tax, insofar as this is to be levied by FamilienHerzensLiebling and included in the displayed price.

(3) Additional shipping costs are clearly indicated before the order is submitted, on the product page, in the shopping cart or at the latest at checkout.

(4) In the case of deliveries to countries outside the European Union, import VAT, customs duties, handling fees, customs clearance costs or other public charges may in particular arise.

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

Otherwise they are borne by the recipient and may be levied by the competent authorities, shipping service providers or other processing service providers.

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

(6) The due date and processing of payment are governed by the payment method selected.

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

(7) Manufacture or production may be made conditional on successful receipt of payment or a confirmed payment authorisation.

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

The customer remains entitled to prove that no damage or substantially less damage has occurred.

§ 6 Manufacture, delivery and delivery time

(1) Delivery is made exclusively to the countries and regions that can be selected as a delivery area at 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 the order is submitted at checkout.

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

(3) For personalised products, the stated delivery time begins only once:

a) the agreed payment or payment authorisation is available,

b) all information and files required for personalisation are available in full and in a technically usable form, and

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

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

This does not give rise to any additional shipping costs for the customer.

(5) The customer is obliged to provide a complete and correct delivery address as well as the contact details required for delivery when placing the order.

(6) If a shipment is returned due to a delivery address stated incorrectly or incompletely through the customer’s fault, an unjustified refusal to accept delivery, or a culpable failure to collect, the actual and necessary costs of a renewed dispatch may be charged to the customer.

A renewed dispatch will generally take place only after settlement of these costs.

Statutory rights of withdrawal, warranty, rescission and reimbursement remain unaffected.

(7) If goods owed can definitively not be delivered, the customer will be informed without delay.

Payments already made for the undeliverable goods will be refunded without delay. Further mandatory rights remain unaffected.

(8) In the event of occurrences outside the reasonable sphere of influence and responsibility of FamilienHerzensLiebling, in particular natural events, official measures, war, lawful industrial action, significant disruptions to operations, production, energy, communications or transport, or comparable events of force majeure, delivery periods are extended by the duration of the impediment and by a reasonable restart period.

The customer will be informed of significant delays.

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

(9) In the case of deliveries to the United States, the mandatory US regulations on shipping commitments and shipping delays apply in addition.

If an order cannot be shipped within the promised shipping time or, if no shipping time was promised, within the mandatory statutory period, the customer will receive the legally required delay notice and the opportunity to consent to a delay or to cancel the order against a full refund.

§ 7 Withdrawal, return, exchange and cancellation 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, a statutory right of withdrawal of fourteen days generally exists for non-personalised goods.

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

The requirements, periods, exercise and legal consequences are set out in the separate withdrawal policy and the withdrawal and returns policy of FamilienHerzensLiebling.

The right of withdrawal does not exist for goods that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal requirements.

The mere manufacture of a standardised product by print-on-demand does not lead to the exclusion of the right of withdrawal.

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

(2) Switzerland

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

Non-defective products in particular cannot be returned, exchanged or refunded on the grounds of:

a) the goods not being liked,

b) a subsequent change of mind,

c) a size incorrectly selected by the customer,

d) a colour or version incorrectly selected by the customer,

e) a gift order that is no longer wanted,

f) a product incorrectly ordered by the customer, or

g) a purchase decision changed for any other reason.

This applies to standardised products, print-on-demand products and personalised products.

Anything else applies exclusively if FamilienHerzensLiebling has expressly promised a voluntary right of return or exchange for a specific product before the order was completed.

Rights in the case of goods that are actually defective, damaged, incorrectly delivered or not delivered will be examined 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 are generally entitled to a fourteen-day statutory right of withdrawal for non-personalised goods.

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

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

Personalised goods or goods manufactured to individual customer specifications are excluded from the right of withdrawal on the grounds of a mere change of mind.

The customer bears the direct costs of returning non-defective goods, provided they were duly informed of this before conclusion of the contract and FamilienHerzensLiebling has not given a different undertaking.

Mandatory rights in the case of goods that are defective, damaged, incorrectly described, incorrectly delivered or not delivered remain unaffected.

(4) United States of America

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

For non-defective goods the following applies:

ALL SALES ARE FINAL.

For non-defective goods, a return, exchange, cancellation or refund is excluded in particular on the grounds of:

a) the goods not being liked, or buyer’s remorse,

b) a subsequent change of mind,

c) a size incorrectly selected by the customer,

d) a colour or standard version incorrectly selected by the customer,

e) a gift order that is no longer wanted,

f) a product incorrectly ordered by the customer,

g) standardised print-on-demand products, or

h) personalised, customer-specific or made-to-order products.

Mandatory federal or state rights, as well as rights in the case of goods that are actually defective, damaged, materially incorrectly described, incorrectly delivered or not delivered, remain unaffected.

(5) Other states outside the European Union

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

Mandatory consumer protection provisions of the state concerned remain unaffected.

(6) An exclusion of the right of withdrawal, return or exchange on the grounds that the goods were not liked does not affect, in any sales market, mandatory rights in the case of an actual defect, an incorrect delivery, damage or non-delivery.

§ 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 only upon handover to the consumer or to 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 to the person otherwise designated to carry out the shipment.

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

§ 9 Defect inspection, complaints and protection against abuse

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

The following details and evidence in particular may be required for this purpose:

a) order number,

b) full name of the person who placed the order,

c) exact description of the deviation complained about,

d) details of the time of discovery,

e) meaningful photographs or video recordings of the product,

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

g) further information required for identification and proper examination.

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

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

(5) Upon justified request, the customer must make the product complained about available for the purpose of examination and possible remedy.

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

A return must not be sent to a production partner, fulfilment service provider or a sender address stated on the shipping label without prior agreement.

(6) The product complained about and the associated packaging must be kept until the necessary examination has been completed and must not be destroyed, disposed of, resold, further processed, repaired or substantially altered without prior agreement, insofar as storage is possible and reasonable.

(7) A product is in particular not defective merely because the deviation complained about was caused exclusively by:

a) incorrect or incomplete information provided by the customer,

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

c) a size, colour or version incorrectly selected by the customer,

d) improper use, storage, cleaning or care,

e) non-observance of the washing, care, safety or usage instructions provided,

f) ordinary wear and tear,

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

h) damage arising after handover within the customer’s sphere of responsibility, or

i) minor deviations that are technically or materially unavoidable and within the usual tolerances.

(8) FamilienHerzensLiebling is entitled, after completion of the examination, to reject complaints that are manifestly unfounded, contradictory, manipulated or demonstrably untrue.

(9) Where there are specific indications of:

a) manipulated photos or documents,

b) intentionally false information,

c) a claim for reimbursement asserted several times,

d) a simultaneous reimbursement and chargeback,

e) an unjustified 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, to suspend processing until the necessary clarification has been obtained, and to initiate legitimate civil or criminal measures.

Mandatory statutory processing, remedy or reimbursement periods remain unaffected.

(10) A reimbursement, replacement delivery or other performance will only be made if the claim asserted proves legitimate after examination, or if FamilienHerzensLiebling is obliged to perform on the basis of mandatory law.

(11) If, after a reimbursement, a replacement delivery or a successful chargeback, the customer additionally receives the original goods or a further replacement, they must inform FamilienHerzensLiebling without delay.

An unjustified double reimbursement or double performance may not be retained.

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

Apparent defects must be reported to FamilienHerzensLiebling without unreasonable delay after the examination. Defects that become apparent later, or hidden defects, must be reported without unreasonable delay after their discovery.

(13) In the case of entrepreneurs for whom the purchase constitutes a commercial transaction for both parties, the statutory obligations to examine and give notice of defects under Section 377 of the German Commercial Code (HGB) apply.

§ 10 Limitation of liability

(1) In the case of damage caused by slight negligence, FamilienHerzensLiebling is liable only if a material contractual obligation has been breached.

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

Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

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

(3) FamilienHerzensLiebling assumes no responsibility for damage, 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 the care, washing, safety or usage instructions provided,

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

f) ordinary wear and tear,

g) infringing content provided by the customer,

h) a delivery address stated incorrectly through the customer’s fault, or

i) other circumstances arising exclusively from the customer’s sphere of responsibility.

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

(4) FamilienHerzensLiebling is not liable for delays or impediments to performance caused by events outside its own reasonable sphere of influence and responsibility, insofar as FamilienHerzensLiebling neither caused them nor failed to prevent them in breach of duty.

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

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

a) in the case of intentional or grossly negligent conduct,

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

c) in the case of fraudulent concealment of a defect,

d) in the case of the assumption of an express guarantee, or

e) insofar as liability exists on the basis of mandatory statutory provisions, in particular product liability law.

(6) The above provisions apply accordingly for the benefit of the legal representatives, employees, agents and vicarious agents of FamilienHerzensLiebling.

§ 11 Consumer dispute resolution

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

§ 12 Applicable law and place of jurisdiction

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

(2) In relation to 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 the statutory requirements for the application of those 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 Applicable version

The version of these General Terms and Conditions that was accessible to the customer in the respective online shop at the time of placing their order applies to that order.