Terms and Conditions
Purchasing products from Geebird&Bamby GmbH ("Geebird&Bamby," "we," "our" or "us") through our website, accessible at www.geebirdandbamby.com ("website"), is subject to the following terms and conditions ("terms").
2.1 Submitting an Order
By submitting an order, the customer ("you") is making a binding offer regarding the sales contract for all items in the your cart. You acknowledge and agree that, by purchasing a work ("item") on or through the website, you are indicating that you have read, understand and agree to be bound by these terms. If you not agree to these terms, then you have no right to purchase items on the website.
2.2 Sale Contract
We will confirm your order by e-mail. This e-mail informs you that we received the order. All items you purchased remain our property until they are delivered to you. Upon handover of the purchased items the sale contract becomes legally valid.
3.1 Time of Payment
You pay the full amount via PayPal® when submitting an order. We also accept wired money orders to our bank account. Please contact firstname.lastname@example.org for more information.
We advise you to make use of the region select function on our website to determine your location. For customers from the European Union, all prices include 19% VAT. Prices for the US & world regions are tax free. As the rules and regulations vary from country to country, we have no information if your order will be subject to import tax or other fees once it arrives in your country. Please contact your customs office for further details. All arising expenses are to be covered by the customer.
4.1 Shipping Destination
Shipment proceeds to your billing address if you don’t specify a shipping address when entering your information the check out form.
4.2 Damaged Shipments
If the shipment arrives in a damaged state, we will replace the damaged items free of charge, given you provide photographic evidence of the damage to us and report the damage to the executing delivery company (UPS® or DHL) within five business days of delivery. Later discovered damages may not be resolved by immediate replacement, but they do not affect legal cancellation or warranty claims.
You may cancel all orders without giving any reasons within 14 days of delivery. To cancel, you have to communicate the cancellation to us by mail or e-mail. It is also possible to cancel the purchase of individual items within an order. We will fully refund and pick-up the concerned items free of charge and within 10 business days of your cancellation. Special orders including custom-built items (purchased outside of the our website) may be excluded from this clause. We may make a deduction from the refund for loss in value of any items supplied (based on material and production costs instead of the retail price), if the loss is the result of improper handling by you. We advise to keep and re-use the supplied shipping material (box and cushioning) for returning an item.
Your warranty rights follow the general legal regulations in Germany. The warranty period amounts to two years after the delivery. Excluded from the warranty are any damages caused by improper handling, storage or exposure. Containing photographic exposures as well as organic materials and acrylic glass, our products are affected by environmental impact (primarily but not exclusively sun exposure, humidity and temperature) and may change over time. Since this process depends on the storage and exposition of the products, resulting damages are excluded from the warranty. We advise not to hang our products in direct or partial sunlight, outdoors or in humid environments. Further, we recommend the usage of cotton gloves when handling them.
7. Limitation of Liability
Compensation claims by the customer are ruled out, except for claims based on applicable legal regulations, personal injury as well as violations of contractual obligations that are required to fulfill the contract; the delivery of the purchased items as described. Also excluded are liabilities for damages based on deliberate or grossly negligent delinquency by Geebird&Bamby, its legal representatives or vicarious agents. Likewise, regulations of the German Product Liability Act (ProdHaftG) remain intact.
8. Data Privacy
When visiting our website, some information, such as the site that referred you to us and your IP address may be collected automatically as part of the website’s operation. This information may be used to personalize the website to your particular interests. When ordering or registering on this website, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number, credit card information or other details. We collect this information when you place an order or register for our newsletter. All information you supply is encrypted via Secure Socket Layer (SSL) technology. All transactions are processed through a gateway provider (FoxyCart, Brentwood, TN) and are not stored or processed on our servers. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. Your mailing address, telephone number and e-mail will however be transferred to the commissioned shipping company if required. As a website operating out of Germany, our management of your data is compliant to the Telemediengesetz (German Teleservices Act).
9. Choice of Law and Jurisdiction
9.1 Choice of Law
The contractual relations between Geebird&Bamby and the customer are governed by the laws of the German Federal Republic, excluding the application of the UN Sales Convention.
9.2 Place of Jurisdiction
Place of jurisdiction for all litigations concerning the contractual relation between Geebird&Bamby and the customer is Wiesbaden, Germany.
10.No Granting of Rights
By buying a product from Geebird&Bamby, you only acquire material ownership of the piece. No other rights are granted or implied. Any reproduction exceeding personal use is prohibited. You are, however, allowed to sell the piece at any time.
11. Escape Clause
If an individual clause of the above-noted terms becomes void, this shall not affect the validity of the remaining clauses. In place of the ineffective clause the legal specifications apply.
The following German version of the cancellation clause is legally required.
Alle Online-Bestellungen können innerhalb von 2 Wochen ohne Angabe von Gründen widerrufen werden. Um vom Widerrufsrecht gebrauch zu machen, ist eine fristgerechte Mitteilung an den Anbieter (laut Poststempel spätestens 14 Tage nach Erhalt der Ware), wahlweise per E-Mail oder auf dem Postweg zu richten. Ausgeschlossen vom Widerrufsrecht sind gesondert vereinbarte Spezial- oder Sonderanfertigungen. Bei Beschädigungen, die auf unsachgemäße Handhabung auf Kundenseite zurückzuführen sind, hat der Kunde anteilig Wertersatz, jedoch maximal in Höhe der jeweiligen Material und Fertigungskosten, zu leisten.