General terms and conditions of business

1. Scope of Application

The following terms and conditions shall apply to all contracts concluded between Kubus · Benjamin Müller (hereinafter referred to as the Contractor or Designer) and the Client/Ordering Party/Buyer (hereinafter referred to as the Client). The terms and conditions upon placing the order with the Designer shall be deemed agreed upon if the Client does not object to them immediately.

2. Offer

The Designer’s offer is non-binding and subject to change with regard to price, quantity, delivery time, and delivery options. Oral or telephone offers shall only be deemed binding if they have been confirmed in writing by the Contractor. Unless otherwise agreed, the offer shall remain valid for 14 days. The binding period shall commence from the date the offer is issued.

3. Prices and Value Added Tax (VAT)

Unless stated otherwise, all prices are inclusive of the statutory value-added tax applicable. Shipping costs will be displayed separately during the ordering process.

4. Conclusion of Contract

By placing your order, you submit a binding offer to the Designer to conclude a contract with you. We may accept this offer by sending an order confirmation to you. However, a purchase contract is only concluded upon the dispatch of our order confirmation or invoice. The order confirmation contains all order details, a pro forma invoice, bank details, and the General Terms and Conditions.

5. Retention of Title

The delivered objects shall remain the property of the Designer until full payment of all claims has been made.

6. Cancellation Policy and Right of Withdrawal

If you are acting as a consumer, you may withdraw from your contractual declaration within fourteen days without giving reasons in text form (e.g., letter, email) or by returning the object. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To meet the withdrawal deadline, it is sufficient to dispatch the withdrawal notice or the object in a timely manner.

Exclusion of the Right of Withdrawal

Excluded from the right of return/withdrawal (pursuant to § 312g para. 2 BGB - German Civil Code) are all objects that are manufactured according to customer specifications, clearly tailored to personal needs, or which, by reason of their nature, are not suitable for return.

The withdrawal notice must be addressed to: Kubus · Benjamin Müller

Alte Wagnerei, Hauptstraße 27

86949 Windach-Schöffelding

Email: info@cube-crafts.com

Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned. If you are unable to return the object to us in whole or in part, or only in a deteriorated condition, you may be required to pay compensation for value to that extent. This shall not apply if the deterioration of the object is exclusively attributable to its inspection—such as would have been possible for you in a retail shop—or to the intended use of the object.

Return Shipping Costs

In the event of an effective withdrawal, the buyer shall bear the direct costs of returning the goods. Objects suitable for parcel shipment must be returned as an insured parcel. Objects not suitable for parcel shipment will be collected from your premises.

7. Delivery and Shipping Terms

When ordering, please note the delivery time specified for each object. Unless stated otherwise, delivery times may vary between 2 days and 2 weeks depending on the object. The exact time of delivery may be requested and recorded in writing. A portion of the objects is not kept in stock and will only be manufactured after payment. The specified delivery times apply from the receipt of your payment. As soon as your object is completed, we will dispatch it.

The risk of destruction, loss, or damage to the object shall pass to the Client upon its dispatch or, in the case of collection, upon pickup. The recipient must independently report any damage or loss sustained during transport to the carrier (usually Deutsche Post AG/DHL or another parcel service)—generally within three days of delivery.

8. Terms of Payment

Payment shall be made in advance via bank transfer or, if offered, PayPal. The invoice amount must be settled within 10 days. Cash payment or payment by EC card is only possible in the case of self-collection. We reserve the right to exclude individual payment methods.

9. Warranty

The Contractor assumes no liability for minor deviations in the delivered goods. Minor deviations (e.g., color, shape, pattern, wood and casting quality) are permissible. Such deviations do not entitle the Client to a notice of defects.

Complaints regarding incomplete or incorrect delivery or performance, or notices regarding obvious defects, must be reported to the Contractor in writing immediately, at the latest within 14 days of receipt. As a warranty claim, the Ordering Party may generally only demand rectification of defects; the Contractor is entitled to provide a replacement delivery. The Ordering Party may demand a reduction in price if attempts to rectify the defect have failed due to the same defect.

If the notice of defects is submitted late, or if reservations regarding known defects are not made upon acceptance, the warranty claims shall expire. The same shall apply if the Ordering Party carries out modifications themselves or makes it difficult for the Contractor to determine the defects. The warranty is governed by statutory provisions.

For custom-made objects, minor production-related deviations in color, shape, or material properties are possible and do not constitute a defect. In cases of gross negligence, liability for damages shall be limited to the foreseeable damage at the time the contract was concluded.

10. Liability

The liability of the Designer for slightly negligent breaches of duty—except in the case of injury to life, body, or health—shall be excluded, provided that no essential contractual obligations (cardinal obligations) are affected. In such cases, liability shall be limited to the contractually typical, foreseeable damage.

11. Data Protection

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR). During the initiation, conclusion, execution, and reversal of a purchase contract, data is collected, stored, and processed by us within the scope of legal provisions.

The personal data that you provide to us, for example, during an inquiry or order (e.g., your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided the data to us. We will only pass your data on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass your payment data on to the credit institution commissioned with the payment. We assure you that we will not otherwise pass your personal data on to third parties unless we are legally obliged to do so or you have given your prior express consent.

Personal data (e.g., name, address, email) will be used exclusively for contract execution and will only be passed on to third parties if this is necessary for the performance of the contract (e.g., shipping companies, payment service providers). Further information can be found in our Privacy Policy.

Your Rights

Should you no longer agree to the storage of your personal data or if it has become incorrect, we will, upon receiving a corresponding instruction, arrange for the deletion, correction, or blocking of your data within the framework of legal statutory provisions. Upon request, you will receive information free of charge about all personal data we have stored about you.

For questions regarding the collection, processing, or use of your personal data, or for information, correction, blocking, or deletion of data, please contact: Kubus · Benjamin Müller