Terms of service

Terms and Conditions

General Terms and Conditions of Present Stories:

Identification of Provider:
Present Stories GbR, Mehringdamm 64, 10961 Berlin

Email: hello@presentstories.com

1. Scope
All deliveries from Present Stories (hereinafter referred to as the Seller) are made exclusively on the basis of these general terms and conditions of sale and delivery. Deviating agreements of the customer do not apply unless they are confirmed by us in writing. There are no collateral agreements.

2. Contract Language, Storage of Contract Text
The language available for the conclusion of the contract is German. We store the contract text and send you the order data and our terms and conditions by email. For security reasons, the contract text is no longer accessible via the Internet.

3. Contracting Parties, Conclusion of Contract, Object of Contract
The purchase contract is concluded with Present Stories GbR.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership capable of acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
These terms and conditions also apply to future business relationships with entrepreneurs without the need for us to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
The presentation of our products in our online shop does not constitute a legally binding offer to conclude a purchase contract - it is a non-binding invitation to you to order goods. The customer submits a binding offer to conclude a purchase and delivery contract by ordering the desired goods via the Internet, email, or by telephone.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially add our products to 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 order process. The contract is concluded by acceptance and confirmation of the offer, specifically by clicking the order button and receiving the order confirmation. The customer must therefore ensure that the email address provided to the provider is correct, that the receipt of emails is technically ensured, and in particular, is not prevented by SPAM filters.
The provider then sends the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The provider can accept the order by sending an order confirmation by email or by delivering the goods within three days.
The subject matter of the contract is the manufacture and shipment of foam blocks.
The details, particularly the essential features of the goods, can be found in the item description and the supplementary information on the provider's website.

4. Prices, Delivery Times & Payment

Our prices are stated in Euro and include the currently applicable statutory value-added tax, plus shipping. Shipping costs are calculated in addition to the specified product prices. The amount of shipping costs depends on the respective service provider and may vary. In any case, the shipping costs will be clearly indicated before the order process is completed.

The specified delivery time generally begins after receipt of payment or after order approval. The delivery time is 6-8 weeks for all orders with a delivery destination within Germany. For deliveries to Austria and Switzerland, the delivery time is 8-10 weeks. For the production of special requests, the delivery time may vary depending on the effort involved and may be extended by up to 2 weeks from the stated period. During Christmas and Easter, the delivery time may also be extended by up to 2 weeks. We also deliver to other European countries, for which additional costs apply, based on size, weight, and delivery location. Delivery is exclusively by shipping. Self-collection of the goods and delivery to packing stations are not possible.

Unless otherwise stated for individual payment methods, payment claims from the concluded contract are due for immediate payment. You can generally choose from the following payment methods:

Advance Payment
If you choose the payment method advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

PayPal
During the order process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction.

Credit Card
By placing the order, you simultaneously transmit your credit card details to us.
After your legitimation as a legitimate cardholder, we will immediately request your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and your card is charged.

SOFORT Transfer
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account enabled for Sofort with a PIN/TAN procedure, authenticate accordingly, and confirm the payment instruction to us. Further instructions will be provided during the ordering process. The payment transaction is then carried out immediately by Sofort and your account is debited.

5. Retention of Title
The purchased item remains the property of the seller until full payment has been made.

6. Warranty
The general statutory warranty rights apply to the goods offered by the provider. In the case of entrepreneurs, the warranty obligation for items delivered by the provider is 12 months.

7. Transport Damage
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

8. Data Protection
Our data protection regulations apply, which can be viewed in our privacy policy.

9. Registration, Customer Account, and Email Newsletter
You can register for an email newsletter in the online shop by entering your email address. We will then send an email with a confirmation link. Registration is only completed when you click on this link (double opt-in procedure). Further information about the newsletter can be found in our privacy policy. You can unsubscribe from the newsletter at any time via a link in the newsletter or by email to hello@presentstories.com.

10. Warranty Liability
For our range of goods, statutory warranty rights apply. You bear the risk of a delayed standard delivery by 1 to 2 working days. In the event that delivery of the goods cannot be made due to incorrect information provided by you, we reserve the right to retain the purchase price already collected and are not obligated to deliver the shipment again. We do not assume responsibility for defects resulting from improper handling of the goods (i.e., any treatment of the goods that does not comply with the respective care instructions). If you are a business entity within the meaning of § 14 of the German Civil Code (BGB), the following applies deviating from Paragraph 1 Sentence 1:

Only our own specifications are agreed upon as the quality of the goods. You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations, and to notify us of obvious defects within one (1) day of receiving the goods in written form (e.g., email); timely dispatch is sufficient to meet the deadline. This also applies to later discovered hidden defects from the time of discovery. Failure to comply with the inspection and complaint obligation excludes the assertion of warranty claims. In the case of defects, we provide warranty by repair or replacement at our discretion. If rectification of the defect fails, you may demand a reduction in price or withdraw from the contract at your discretion. Rectification of the defect is deemed unsuccessful after the second unsuccessful attempt unless the nature of the item or defect, or other circumstances, indicate otherwise.

The data communication over the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. The provider is not liable for the continuous or uninterrupted availability of the website and the services offered there.

11. Warranty and Guarantees
The statutory warranty law applies. Information on any additional guarantees that may apply and their exact conditions can be found with each product and on special information pages in the online shop. However, if the customer is a business entity, the following deviations from Paragraph 1 apply:

a) Only the provider's own information and the manufacturer's product description are agreed upon as the quality of the goods, not other advertisements, public representations, or statements by the manufacturer.

b) The customer is obliged to inspect the goods immediately and with due care for quality and quantity deviations, and to notify the provider in writing of obvious defects within 7 days of receiving the goods; timely dispatch is sufficient to meet the deadline. This also applies to later discovered hidden defects from the time of discovery. Failure to comply with the inspection and complaint obligation excludes the assertion of warranty claims.

c) In the event of defects, the provider warrants either by rectification or replacement delivery at their discretion. If rectification of the defect fails twice, the customer may, at their discretion, demand a reduction in price or withdraw from the contract. In the case of rectification, the provider is not obliged to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods. Furthermore, a reasonable deadline must be set for the provider in the case of replacement delivery.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to the provider resulting from the violation of life, body, or health, or damages caused by gross negligence or intent, or fraudulent intent of the provider, as well as claims for recourse according to §§ 478, 479 of the German Civil Code.

12. Changes to Order Data
Any changes to your customer data, such as the delivery address, billing address, email address, etc., as well as changes to existing orders, must be communicated to us at least 2 days before they take effect. Otherwise, the change cannot be considered in the delivery.

13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. 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 named by you, who is not the carrier, take(s) possession of the goods. If the contract is for multiple goods ordered in a single order and delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, take(s) possession of the last goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Revocation
If you revoke this contract, we will reimburse you for all payments received from you, excluding delivery costs, without undue delay and no later than fourteen days from the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.
We may withhold reimbursement until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Please note that additional taxes and customs duties may apply outside of Germany.
There is no refund of shipping costs unless the item is damaged, or you have timely canceled your order in accordance with customer service.
You will receive your refund in the form of the original payment method. If your order was shipped to a location within the EU, all taxes will be refunded. Outside the EU, however, customs duties apply, which cannot be refunded by Present Stories. However, in most cases, these can be claimed from your local customs office. Since this does not apply to all countries, we recommend that you engage a customs agent for cross-border returns. Please note that the duration of a refund depends on the processing time of your payment service provider and may take up to fourteen working days.

Exclusion of the Right of Withdrawal
However, the right of withdrawal does not exist for the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of vouchers sent digitally.

Revocation Form
Email: hello@presentstories.com

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Order number:
Ordered on/received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if communicated on paper)

End of Revocation Instruction

Miscellaneous
We would like to point out that all communication with you, especially the delivery of invoices, can be done electronically and may be insecure. Nevertheless, you agree to electronic communication.

Return address:
Present Stories
Mehringdamm. 64
10961 Berlin

German law applies. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1988 is excluded. In addition, mandatory provisions of the law of the country in which you have your habitual residence apply if you conclude a purchase contract as a customer that cannot be attributed to your professional or commercial activity (consumer contract). Should individual provisions of these General Terms and Conditions contradict statutory regulations and be ineffective, the effectiveness of the agreement as a whole remains unaffected. If you are a merchant within the meaning of § 14 BGB, our place of business is the exclusive place of jurisdiction.