Terms and Conditions
These Terms and Conditions (the Agreement) operate between you (hereinafter referred to as the Customer) and cnktdesigns, a private online shop owned and operated by Joelle Leonard, (hereinafter referred to as The Company, we, our or us).
- The Company means the online business established at Talstr. 26, 54293 Trier, RP, Germany, is the seller of products under these Terms and Conditions.
- Customer is the party that executes the order for products supplied by The Company for a fixed amount of money.
- Agreement means the legally binding agreement between The Company and the Customer for the supply of Products.
- Order means the Customer’s order for the Products from The Company following the step-by-step process as set out on the Website.
- Product(s) means the digital product(s) advertised on the Website that are supplied by The Company.
- Offer means the offering of the Products for a reduced price or under other different conditions.
- Website means our website on https://www.etsy.com/shop/cnktdesigns, on which the Products are advertised.
2) General Applicability and Amendment
- Only these Terms and Conditions apply to all offered Products from The Company and all Orders placed by the Customer with The Company via the Website or the mobile Website.
- To be able to place an Order, the Customer must be at least 16 years old, or older if that is required under applicable law. The Customer hereby also represents to be an end user of the Products, not a reseller.
- The placement of an Order requires the unconditional acceptance by the Customer of the applicability of these Terms and Conditions. It is the responsibility of the Customer to read and understand the Terms and Conditions prior to placing an Order.
- All terms and conditions used by the Customer that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to any Order by the Customer.
- In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. The Company will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
- The Company may unilaterally change these Terms and Conditions. The amended Terms and Conditions will apply immediately to Orders placed after the changes have been made.
3) The Products
- The offered Products will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Products by the Customer. Where The Company uses images, these are a true representation of the Products.
- Obvious mistakes or errors in description and/or depiction of Products do not bind The Company.
- Offers are free of obligation, unless a period of acceptance is stated in the Offer. If the Offer is not accepted within that specific period, the Offer will expire.
- The Company cannot be held to its Offer(s) if the Customer can reasonably understand that the Offer(s), or a part thereof, contain(s) an obvious mistake or error.
- Offers do not automatically apply to repeat Orders. Unless the parties have expressly agreed so in writing.
4) The Order and Payment
- The Customer enters into an Agreement, subject to the provisions of Article 2, at the time the Customer places the Order and accepts the Applicability of these Terms and Conditions.
- The full purchase price is paid immediately upon placing an Order by submitting credit or debit details with your Order.
- The prices on the Website are including the statutory VAT. Typing errors and price changes are reserved.
- The Company takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment for online payments.
- The Customer will not pay by any other way than the methods listed on the Website. If the Customer does this anyway, The Company will not be liable for the loss of the payment or any other damages resulting from this action.
- The Company will take all reasonable care when receiving and executing Orders for the delivery of Products.
5) Right of Withdrawal
Due to the nature of the Products, the European Union (EU) right of withdrawal for Products purchased via distance-selling is not applicable. The Products are exempted from this right because they are made available immediately to you upon purchase.
- If The Company cannot fulfil its obligations arising from the Agreement in time or properly, due to force majeure, it is not liable for damage suffered by the buyer.
- Force majeure is in any case understood to mean any circumstance that The Company could not take into account at the time entered into the Agreement with the Customer and as a result of which the normal execution of the Agreement cannot reasonably be required by the Customer, such as, for example, illness, war or danger of war, civil war and riot, sabotage, terrorism, energy disruption, flood, earthquake, fire, government measures, transport difficulties, and other disruptions within The Company.
- The Company is not liable for possible damage caused by the execution of the Agreement by it or the Customer, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of The Company, provided this has been demonstrated by the Customer.
- In any case is The Company’s liability limited to the maximum value of the Order.
- The Customer indemnifies The Company against any and all claims from third parties for compensation for damage. If The Company is held liable by a third party with regard to the Order, the Customer is obliged to pay The Company all related costs and the Customer is obliged to assume responsibility for the liability directly by informing the third party that The Company is not liable, but the Customer himself.
- If The Company is deemed liable, this liability is always limited to direct damage. The Company is not liable for indirect and/or consequential damage.
- The Customer is liable for all damages that The Company may suffer as a result of a shortcoming attributable to the Customer in the fulfilment of the obligations arising from the Agreement and these Terms and Conditions.
7) Intellectual Property
- The Company retains all rights and powers that accrue to it with regard to the intellectual property in the works produced by it, including the Website. This includes provided ideas, concepts, illustrations, schemes, patterns, coding, copyright, designs, trademarks, and related or similar rights. The design of the Website, including its software, source code, text, images and all other content are copyrights, trademarks and other intellectual properties that are owned and controlled by The Company.
- The Customer may not reproduce, publish, transmit, distribute, display, modify, or exploit in any way the content of this Website or any of the Products without The Company explicit consent.
- The Customer receives a license from The Company for the use of the copyrighted and otherwise protected works when the Customer purchases a Product. This license only applies to the use of the Product in question by the Customer themselves, not by any third party.
- The license granted herein shall remain in effect perpetually, but shall terminate upon your use of the Product beyond the scope licensed herein or upon your violation of any term or condition hereof.
8) Applicable law
Only German law applies to the legal relationship between The Company and the Customer, and the German Courts are authorized in the first instance to take cognizance of any conflict.