Terms & Conditions

§ 1 Scope, Customers

1. These terms and conditions apply to all business relationships between the company Enrique Bartholme - Productive Studios, legally represented by the managing director Enrique Bartholme (hereinafter: "Productive Studios") and its customers in the respective version valid at the time of the conclusion of the contract. This also applies to subsequent contracts, provided that the terms and conditions have not changed. They also contain legally required important customer information. Conflicting, deviating or supplementary general terms and conditions of the customer, even if known, will not be part of the contract.
2. Contractual partners, or customers, of Productive Studios in the sense of these terms and conditions are both consumers and entrepreneurs. Entrepreneurs in the sense of § 14 BGB German Civil Code are natural or legal persons or partnerships with legal capacity, which act in the conclusion of a legal transaction in the exercise of their commercial or independent professional activity. Consumers in the sense of § 13 BGB German Civil Code are natural persons who conclude a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity.
3. Customers in Germany, as well as abroad, are supplied.

§ 2 Offers and Contract Conclusion via the Productive Studios website

1. All offers of Productive Studios are subject to alteration and non-binding, unless they are expressly designated as a binding contractual offer. They do not constitute an agreement or guarantee of a corresponding quality of the goods. A contract between Productive Studios and the client is only concluded when Productive Studios accepts an offer from a client. In case of spelling and calculation mistakes, as well as errors on the website, Productive Studios reserves the right not to accept an order.
2. If a customer places an order on the Productive Studios website via the Internet, Productive Studios will immediately confirm receipt of the order. This confirmation of receipt of the order does not represent acceptance of the offer, but only informs the customer that his order has been received by Productive Studios.
3. By sending an order to Productive Studios via the Productive Studios website, the customer makes an offer to conclude a purchase contract with Productive Studios. The acceptance of the offer and the conclusion of the contract with Productive Studios is made by explicit declaration of acceptance by e-mail or by sending the ordered goods to the customer. Productive Studios is entitled to accept the contract offer made with the order via the Productive Studios website within 5 days after receipt of this offer by Productive Studios by express declaration of acceptance or by sending the ordered goods. If the customer concludes his order with the payment instruction via the provided online payment services, the contract can be concluded with the submission of the payment instruction by the customer.

§ 3 Pre-Orders

Occasionally, you may have the option to order products in advance ("Pre-Order" or "Pre-Sale"). By using this option, you agree to the following terms.

1. Pre-order shipments are subject to product availability. We do our best to ensure that estimated delivery dates are met. However, these dates may change due to unforeseen circumstances. In such cases, we will notify you of any delays as soon as possible.
2. For pre-order shipments, your payment will be processed at the time of order. If there is a cancellation or unavailability of the product, we will promptly refund you the corresponding amount.
3. We reserve the right to make minor changes to product specifications for pre-order shipments. However, these changes will not materially affect the quality, appearance or value of the product. If there are major changes, we will notify you and give you the option to cancel your order and receive a refund.
4. The estimated delivery time for pre-order shipments will be shown on the product page. Please note that these are preliminary estimates and actual delivery time may change due to production and shipping delays. We will keep you updated on the shipping status and any delays.
5. You can cancel your pre-order at any time before shipment. Please note that once the merchandise has been shipped, our cancellation policy applies. Please see our cancellation policy down below for more information.

§ 4 Terms of payment and prices

Productive Studios only accepts the payment methods offered during the ordering process in the online store. The customer selects his preferred method of payment among the available options himself. Unless otherwise specified by the individual payment services, the customer's payments are due within 14 days of the conclusion of the contract at the latest. The debit of the customer's account takes place after the execution of the payment transaction. The currently available payment methods are:

• PayPal
• Credit Card
• Instant Transfer SOFORT
• Shop Pay
• Google Pay
• Apple Pay
• Klarna Pay Later

The price indicated in the presentation of the goods is the total price including any applicable VAT (currently 19% in Germany) and other price components, but excluding delivery costs, import duties and shipping costs.

§ 5 Shipping costs and import duties

1. in addition to the purchase price Productive Studios charges the customer shipping costs. The amount of the shipping costs is based on price tables of the available parcel service providers. The shipping costs will be clearly communicated to the customer before submitting an order on the order page.
2. For deliveries to countries outside Europe, import duties may be incurred, which the customer must pay. The amount of import duties varies in different customs territories. The customer is responsible for the customs clearance and the payment of all necessary customs duties and fees.

§ 6 Delivery, shipping in several packages

1. Delivery shall be made to the delivery address specified by the customer as part of the order. If the customer/recipient indicates to the shipping service provider an alternative drop-off location, the transport risk for the package after delivery to the drop-off location passes to the customer/recipient.
2. Productive Studios is entitled, when ordering more than one item, to send the goods in several packages to the customer, provided that this is reasonable for the customer. Any additional shipping costs incurred by this will be covered by Productive Studios.

§ 7 Delivery times

1. The dispatch of the goods takes place regularly 2 working days, in individual cases, however, at the latest 5 working days after receipt of the payment of the customer by the provided payment methods listed in 4 of the terms and conditions.

§ 8 Transfer of risk

1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of a mail order purchase upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
2. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall pass to the buyer only upon handover of the item, even in the case of a mail order purchase.
3. Handover shall also apply if the buyer is in default of acceptance.

§ 9 Proprietary rights

1. The delivered goods remain the property of Productive Studios until full payment has been received.
2. Towards customers who are entrepreneurs, Productive Studios retains ownership until the fulfillment of all claims that we are entitled to for any legal reason from the business relationship with the buyer.

§ 10 Right of withdrawal, costs of return in case of withdrawal

1. Consumers are entitled to the right of withdrawal by German law. Productive Studios informs customers about existing right of withdrawal, as well as the conditions, details of exercise, in particular the name and address of the person to whom the revocation is to be declared, and the legal consequences of the revocation. A revocation instruction in text form corresponding to the legal requirements will be sent to the customers upon request.
2. Consumers must return or hand over goods that can be returned normally by mail (including parcel services) due to their nature to Productive Studios immediately and in any case no later than fourteen days from the day on which consumers notify Productive Studios of the revocation of this contract. The deadline is met if consumers send the goods before the expiration of the fourteen-day period. Consumers bear the direct costs of returning the goods.
3. The right of withdrawal does not exist according to § 312 para. 2 No. 1 BGB German Civil Code, in particular for distance contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer.

§ 11 Warranty and liability

1. The warranty rights of the customer and the liability of Productive Studios shall be governed by the statutory provisions in Germany. Information on this can be found in §§ 437, 438 BGB German Civil Code.

§ 12 Data privacy

1. Productive Studios commits to treating the personal data of customers confidentially. The collection, processing and use of personal data is carried out in accordance with the German and European legal provisions. A transfer of personal data to third parties occurs only in the context of contract execution. The data received from the client will be collected, processed and used by Productive Studios for contract execution.
2. Customers can request their personal data stored by Productive Studios. For the deletion of user information in accordance with the law, customers can contact Productive Studios at any time. Further information on data protection can be found in the separate privacy policy.

§ 13 Final provisions, place of jurisdiction, salvatory clause

1. The legal relationship between the client and Productive Studios is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If provisions of the country, in which a customer has his habitual residence, provide for a protection for consumers that does not exist under German law, these UN Convention on Contracts for the International Sale of Goods shall apply to the legal relationship between this client and Productive Studios.
2. If the client is an entrepreneur, the exclusive jurisdiction for all disputes arising from this contract is Düsseldorf, Germany. The same applies if the client is an entrepreneur and has no general jurisdiction in Germany or residence or habitual residence of the client at the time of the action is not known.
3. Productive Studios is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, and Productive Studios does not offer participation in such a procedure.
4. Should individual provisions of these terms and conditions in whole or in part be invalid or ineffective, the validity of the remaining provisions shall not be affected.
5. Conclusions of the contract can be made in both German and English.

§13 Digital Products

 

Further customer information

1. Information about the identity of the seller, Productive Studios

• Contractual partner and provider of all articles on this website is
  Enrique Bartholme
  Productive Studios
  Lorettostr. 18
  40219 Düsseldorf
  
  Internet: https://productivestudios.de/
  E-Mail: info@productivestudios.de
  
  Vat-Number: DE360702749

2. Information about the statutory right of withdrawal for consumers

 

Cancellation Policy

 

(1) Right of withdrawal

• You have the right to cancel this contract within fourteen days without giving any particular 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, have taken possession of the goods. To exercise your right of withdrawal, you must send us
  
  Enrique Bartholme
  Productive Studios
  Lorettostr. 18
  40219 Düsseldorf
  E-Mail: support@productivestudios.de
  
  an e-mail with a clear statement about your decision to revoke this contract. If you use a different e-mail address than the one used for the purchase of the goods, you must send the order number and other details, such as quantity and item, to the order with the declaration.
• In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(2) Consequences of the revocation

• If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from choosing a special type of delivery, import duties or failing to accept the delivery). The payments shall be reimbursed without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment. We may, in the case of goods which by their nature can be returned normally by post (including parcel services), refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
• You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to the following address
  
  Enrique Bartholme
  Productive Studios
  Lorettostr. 18
  40219 Duesseldorf
  
  The deadline is met if you send the goods before the expiry of the period of fourteen days. In any case, you shall bear the direct costs of returning the goods.
• You will 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 for testing the condition, properties and functioning of the goods.

3. Information on the essential characteristics of the goods

• The essential characteristics of the goods result from the respective product descriptions and product pictures of the posted products.

4. Information on the conclusion of the contract

• If you place an order via our website, the contract is concluded in accordance with § 2 of our General Terms and Conditions.

5. Information on payment and delivery

• Our terms of payment and delivery can be found under § 4, § 5, § 6 and § 7 of our General Terms and Conditions

6. Information on the storage of the contract text

• If you place an order via our website, the text of the contract will be stored by us and sent to you by e-mail upon request together with the General Terms and Conditions valid at the time of the conclusion of the contract.

7. Information about the technical means to detect and correct input errors

• Before the binding submission of the order, you can correct your input on an ongoing basis using the input devices you use (usually keyboard and mouse). In addition, all inputs are displayed again in an overview before the binding submission of the order and can also be corrected there using the input devices used by you.
• Before the binding submission of the order, there is also always the option to cancel an order process by closing your Internet browser or the current page of your Internet browser

8.Information on the languages available for the conclusion of the contract

• The German and English languages are available for the conclusion and execution of the contract as well as for customer service. Our customer service can be contacted via E-Mail at: support@productivestudios.de.

9. Information about the legal liability for defects of goods and customer service

• Customers are entitled to the statutory warranty right for goods. If you have any questions about our products, you can contact our customer service via E-Mail at: support@productivestudios.de.

10. Information on data protection

• Our data protection practices comply with the European General Data Regulation (GDPR) and the German Telemedia Act (TMG). For further information in this regard, please refer to our separate privacy policy.