- 1 Scope & consumer information
We (FRÜHLING Studios GmbH) carry out your order according to our general terms and conditions valid at the time of the order. The current version of the terms and conditions of FRÜHLING Studios GmbH (we) are available on our website www.varm-studios.com under the heading “Terms and Conditions”. Our general terms and conditions apply exclusively to the entire business relationship.
The German language is the language of negotiations and contracts. The following conditions also apply exclusively to all international business. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his / her habitual residence is not withdrawn. The validity of UN purchasing law is excluded.
Your contract and order data as well as the contract text will be saved by us; direct access is not possible for security reasons. However, you have the option of logging in to our homepage via "account" with your user name and password, and thus calling up your profile, address and order history and editing them if necessary. Your personal access data are only intended for you and may not be disclosed to third parties.
During the ordering process on our homepage, before you click on “buy now”, you have the option of recognizing and correcting input errors before submitting the contract declaration by clicking on the button below “change details”.
- 2 registration
Registration is only permitted for natural persons, partnerships and legal entities with unlimited legal capacity. Minors are not allowed to register. The registration of a legal person may only be carried out by a natural person authorized to represent, who must be named.
When completing the registration application, truthful, accurate, current and complete information about the data requested in the registration forms must be provided. In the case of incomplete registrations of member accounts and in the case of implausible or incorrect information, we reserve the right to refuse the registration of a member, to immediately cancel it or to delete the member account after a reasonable period of time.
You can delete your member account at any time. Please note our data protection declaration for questions about the storage of data beyond the period of membership.
- 3 Conclusion of a contract
Our offers are non-committal and non-binding. The presentation on our website does not represent a legally binding offer. You can order from us via our homepage (Internet) or by e-mail. When ordering via our homepage, by clicking the "Buy now" button, you are making a binding offer to conclude a purchase contract for the goods you want. When you order by e-mail, you are also making a binding offer by sending the e-mail.
We are entitled to accept your offer within 14 calendar days by sending a contract confirmation (by post or by email) and by executing the order. If your offer is not accepted by us within 14 calendar days, the offer is deemed to have been rejected. No sales contract is concluded for products that are not listed in the order confirmation.
- 4 delivery
We deliver goods in stock in Germany within 1-5 working days at the latest after your order via DHL GoGreen. When paying in advance, the delivery times apply from receipt of the money on our account. Deviating delivery times are named in the item description.
When shipping outside the Federal Republic of Germany and within the EU, delivery usually takes 5-14 working days if the goods are available. For shipments outside the EU and to non-European countries, the delivery time depends on the type of shipment (airmail / land / shipping) and the destination.
If you order a product that according to the article description was not available and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not want a comparable product to be delivered, we will immediately reimburse any consideration that has already been paid. In this case, too, there is also the right to withdraw from the contract.
We are entitled to partial deliveries or services provided that this does not unreasonably affect conflicting interests. If there is a partial delivery, we will of course cover the additional shipping costs. There are no additional costs for you.
The delivery time is extended appropriately if the delivery is impaired by force majeure. Force majeure in particular equates to subsequent material procurement difficulties, riots, strikes, lockouts, operational disruptions, fires, natural disasters, transport hindrances, changes in legal provisions, pandemics, official measures or ordinances or the occurrence of other unforeseeable events that are beyond our control and are objective In terms of perspective, were not culpably caused by us. If one of the above-mentioned cases occurs, we will inform you immediately. If you are an entrepreneur and the impediment to performance persists for more than four weeks in the aforementioned cases, you are entitled to withdraw from the contract. Further claims, in particular for damages, are based on § 10 of these terms and conditions.
- 5 right of withdrawal
Consumers have a statutory right of withdrawal. In the following we will inform you about the scope and the structure of this right of withdrawal.
Note: Please note that we have created the following cancellation policy based on the sample text from the legislature.
Right of withdrawal
(1) You have the right to withdraw from this contract within 14 days without giving a reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods, in the case of a Contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you who is not the carrier, the last partial shipment or the last piece have or has taken possession of.
(2) In order to exercise your right of withdrawal, you have to contact us
FRÜHLING Studios GmbH, Max-Brauer-Allee 40, 22765 Hamburg
Phone: +49 40 30095703
by means of a clear declaration (e.g. a letter sent by post, e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
(3) Model withdrawal form
- To FRÜHLING Studios GmbH, Max-Brauer-Allee 40, 22765 Hamburg, phone: +49 40 30095703, email: email@example.com:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) - Ordered on (*) / received on (* ) -Name of the consumer * in address of the consumer * in the signature of the consumer * (only if this is communicated on paper) - Date_______________
(*) Delete where inapplicable.
(4) Consequences of the withdrawal
If you withdraw from this contract, we have received all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You will receive a return label after you have exercised your right of withdrawal by email from firstname.lastname@example.org.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
- 6 Return costs when exercising the right of withdrawal
You have to bear the costs of the return when exercising your right of withdrawal.
- 7 prices
All prices quoted are in euros and include statutory VAT. Depending on the country of delivery, the gross prices (net price + VAT) may change, as different VAT rates apply within the EU, which we apply to our products and shipping costs. This does not affect the net prices, which are not variable regardless of the country of delivery. In third countries outside the European Union we deliver at the net price. In this case, the customer has to arrange the taxation in the delivery country independently. Postage and shipping costs are added according to the following list under § 8.
- 8 shipping costs (domestic and international)
Here you can find all information about postage and shipping costs for deliveries:
2,90 - 4.90 € - Germany ( free from a minimum order value of 100€
10,00€ - Austria, Belgium, Denmark (except Faroe Islands and Greenland), France, Netherlands, Poland
14.00 € - Bulgaria, Estonia, Finland (except Äland)
Greece (except Athos), Hungary, Ireland, Italy (except Livigno, Vatican City, San Marino), Croatia, Latvia, Lithuania, Luxembourg, Malta, Monaco, Portugal (except Azores and Madeira), Romania, Slovakia, Slovenia, Spain (except Canary Islands, Ceuta, Melilla), Sweden, Czech Republic
- 9 Terms of Payment
The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment on the invoice is determined according to the calendar, you will be in default by missing the date. In the event of default, we are entitled to demand interest for the year at a rate of 5 percentage points above the respective base rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on payment claims in the event of default at an interest rate of nine percentage points above the base rate. We reserve the right to prove and assert higher damage caused by default, § 288 Paragraph 3, 4 BGB.
We accept payments via Shopify Payments (Visa, Mastercard, Maestro, American Express), Apple Pay, Google Pay, Bancontact, eps transfer, Klarna invoice, Klarna Sofort, and PayPal Express.
General discount scheme:
1.) Unfortunately, discount codes cannot be considered retrospectively.
2.) Discount codes are not applicable to reduced items.
- 10 Warranty & Liability
The guarantee is based on the statutory provisions. In the case of complaints, we ask for proof of the purchase date by means of an invoice and sending the complained article together with a copy of the invoice to FRÜHLING Studios GmbH, Max-Brauer-Allee 40, 22765 Hamburg. Normal wear and tear of the goods do not justify any warranty claim.
You have the right to supplementary performance as well as the right to withdraw from the contract or to reduce the purchase price to the extent provided by law, whereby in the case of supplementary performance we can choose between free removal of defects or replacement delivery (after fulfillment). If the supplementary performance fails, you have the right, according to the law, to reduce the price or to withdraw from the contract at your discretion. We are authorized to make two attempts at rectification. If one type of supplementary performance is only possible with disproportionate costs, your claim is limited to the other type of supplementary performance.
We do not accept any liability for damage and defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overuse or improper repairs by an unauthorized service partner.
For entrepreneurs, the warranty period for material defects is reduced to one year, unless there is a case of mandatory liability, as in particular provided by Section 478 of the German Civil Code (BGB). Claims for damages remain unaffected by the shortened limitation period.
If the customer is an entrepreneur, he / she must examine the services provided immediately after delivery, as far as this is feasible in the normal course of business and, if a defect becomes apparent, notify us immediately. If the customer fails to notify us, the service is considered approved, unless it is a matter of a defect that was not recognizable during the examination. If such a defect appears later, the report must be made immediately after it is discovered; otherwise, the service is deemed to have been approved even with regard to this defect. Timely sending of the notification is sufficient to preserve the rights of the customer. The rules on the obligation to notify do not apply if a defect was fraudulently concealed or the customer is a consumer.
Slight deviations in terms of color, design and shape do not constitute a defect, provided that the goods delivered correspond to the goods ordered in terms of quality and price.
Further claims, in particular due to consequential damage caused by a defect, are fundamentally excluded. This does not apply in the event of willful intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your statutory right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and whose compliance you regularly trust and can trust.
The risk of accidental loss and accidental deterioration of the goods in the case of mail order purchases is transferred to you or a recipient of your choice when the goods are handed over. If you are not a consumer, i.e. you have not bought the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods is transferred to you when the goods are handed over to the shipping person.
We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damage from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the event of damage caused in any other way, we are liable for intent and gross negligence, including those of our vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health. In the event of negligent property and financial damage, we and our vicarious agents are only liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage that is foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely. The same applies to the breach of cardinal obligations (obligations the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies).
- 11 Care
Please note the washing instructions that you can find on the labels of the items. If the care instructions are not followed correctly, changes are made to the products or care materials are used which we have advised against, or which we have expressly declared to be incompatible with the items or which do not meet at least average quality standards, there is no case the guarantee.
- 12 Reservation of Title
The delivered goods remain our property until they have been paid for in full.
- 13 Copyrights
The products and motifs that are sold and / or used by us are protected by copyright. Use of the motifs or reproduction of the motifs or products is only permitted with our written consent. By paying our claim, you are not granted any right of use to intellectual property or copyrights. This applies in particular to all images, designs, logos and names as well as any trademark and utility model rights. If you make changes to the delivery item or if you combine the delivery item with other materials and this violates the property rights of third parties, our liability does not apply.
- 14 Data storage
We strictly adhere to data protection. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) to process your order. We store your order and address data for use in the context of order processing (also by transmission to the order processing partners or shipping partners used), for possible warranty cases and for product recommendations to customers in accordance with the content of our data protection declaration and the applicable data protection laws .
For the rest, the rules of our data protection declaration apply to the use of your data, which you can also find under "data protection" / "privacy" can see.
- 15 Applicable Law
German law applies to all disputes arising from or on the basis of this agreement, excluding the UN sales law.
You can find the standards of the BGB and the EGBGB mentioned here and applicable to the contract on the Internet at www.gesetze-im-internet.de/bgb/ and www.gesetze-im-internet.de/bgbeg/.
The place of jurisdiction for all claims from or on the basis of this business relationship, including those arising from bills of exchange and checks, is Hamburg, provided you are a businessman within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to sue at the court responsible for your seat.
- 16 Final provision
The contract remains binding in its remaining parts even if individual conditions are ineffective. Should a regulation be wholly or partially ineffective, the contracting parties will immediately endeavor to achieve the economic success aimed for with the ineffective regulation in another, legally permissible way.
- 17 Provider information
FRÜHLING Studios GmbH, Max-Brauer-Allee 40, 22765 Hamburg
+49 40 30095703
Management: Pauline Luise Giere
Commercial register: Hamburg District Court HRB 166508; VAT ID: DE337879876
Stand: 03 January 2022
Copyright © 2022 by FRÜHLING Studios GmbH. vārm ® is a registered and protected trademark in the DPMA (German Patent and Trademark Office).
Notes according to Art. 14 (1) ODR-VOR and § 36 VSBG:
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.