1.1 All services provided by Desirée Haftstein for the customer occur exclusively on the basis of the following terms and conditions. Different rules are only valid if they were agreed between Desirée Haftstein and the customer.
1.2 In all correspondence, the customer is obliged to provide the necessary information truthfully and completely.
1.3 The following service is called "Face up". This includes the painting of doll, removing old paintings and gluing eyelashes if desired by the customer.
1.4. Business relations between Desiree Haftstein - Mikiyochii (hereafter called Mikiyochii ) and a customer are exclusively subject to the general terms and provisions as below in the version which is valid at the time the order is placed. The contractual language for business relations with foreign customers is German or English.
Customers in terms of these general terms and conditions are consumers, entrepreneurs as well as other legal or natural persons.
"Consumer" in terms of these general terms and conditions is any natural person who concludes with Desirée Haftstein a legal transaction for a purpose which can neither be attributed mainly to his/her commercial nor freelance occupational activity. (§ 13 BGB)
"Entrepreneurs" in terms of these general terms and conditions is any natural or legal person who concludes with Desirée Haftstein a legal transaction for a purpose which can be attributed to his/her commercial or freelance occupational activity.
2. Order & Conclusion of Contract
Desirée Haftstein will confirm the receipt of the order immediately by email. The confirmation of receipt does not constitute a binding acceptance of the order. When dealing with consumer‘s the purchase contract is effective upon delivery of the goods, in any other case at the handover to the shipper, carrier or other for the transport contracted third party. Placing the order by the customer does not conclude a purchase contract between the customer and Desirée Haftstein. In case the customer pays by "prepayment / cash before delivery" or by "PayPal", the contract of purchase becomes effective by sending the order-confirmation and the request for payment.
To place an order for a face up or a product the customer must go through the following steps:
1) The article is set by clicking "Add to basket" in the cart without obligation.
2) All items that you have placed in your shopping cart, can be seen by clicking on the link "basket". Here, you can also delete items and/or change their quantity. Please note that one article is only available for one face-up for one doll head.
3) To purchase the items in your shopping cart, click on the link "Checkout". This starts the encrypted ordering process.
4) In the ordering process you first enter the invoice address and possibly a different delivery address.
5) Afterward, you can enter your payment details. At this point you have also the option to make notes for your order and possibly further information and requests for delivery.
6) Before sending the order, you will get an overview of all your items, shipping and payment methods, and adresses. You can change every information by clicking on "edit".
7) By clicking the button "Buy" your order will be confirmed.
All prices include VAT excl. shipping costs. The prices of a face up can be found at Prices and Materials
The shipping costs can be found at Shipping Costs.
4.1 Delivery dates are only binding if they have been agreed between Desirée Haftstein and the customer. For exceeding the deadline, Desirée Haftstein is only liable for intent and gross negligence.
Usually, a "face up" takes about 2 to 4 weeks depending on extra charges and change requests. Intermediate steps in the form of photography are sent to the customer by e-mail. Only after his confirmation I will continue with working (This is necessary because each intermediate step has to be fixed and subsequent changes are not possible anymore).
4.2 Shipping costs are recognized in the respective item description. When ordering by COD separate fees may apply. The level of fees is stated in the article description. For orders via cash on delivery service additional, separately cash on delivery fees will be charged. This collection fee is done on behalf of DHL and will not be shown on the invoice.
4.3 If the customer is a consumer the seller bears regardless of the delivery the transit risk in any case. If the customer is an entrepreneur all risks and dangers of the shipment transferred to the customer once the goods have been transferred from the seller to the logistics contractor.
5. Reservation of Proprietary Rights
The delivered goods shall remain the property of Desirée Haftstein until complete payment of the purchase price.
6. Right of Return, Taxing of Costs, Information on the Right of Withdrawal for Consumers, Return of Goods
The consumer (§ 13 BGB) is entitled on a right of withdrawal according § 355 BGB.
Please note that the right of withdrawal according to § 312 para 4 No. 1 BGB does not apply to contracts for the face ups (doll painting) that are produced according to customer specifications or which are clearly tailored to your individual needs.
Customers, who are not consumers in terms of these terms and conditions are entitled to a voluntary right of return within 14 days after receiption of the goods, whereas the customer has to bear the costs and the risk of return.
As for customers who are not consumers and special offers are excluded from the voluntary right of return.
Begin right of revocation
You have the right to return the goods without stating any reason within 14 days as of receipt of the goods by sending back the goods.
The 14-day revocation period starts from the day when you or a person entitled by you who is not the carrier, takes posession of the goods. To revoke your order you must give an explicit statement (e.g. in writing as letter, fax or email), that you want to revoke the contract.
The revocation must be declared to:
Phone: 0173 - 8 57 63 37
You can use the attached sample revocation form, but you are not obliged to use it. You can fill out the sample revocation form or sent an other clear statement electronically. If you sent the revocation electronically we will confirm the revocation upon receipt.
The revocation must be sent before the expiration of the revocation time limit.
Concequences of Withdraw / Revocation
In case of an effective revocation, any performance received by one party is to be returned to the respective other, as are benefits derived from such performance, e.g. interest, except additional costs which exceed the standard shipping costs. Obligatory refunds of payments must be made within 14 days after sending the revocation. We will not charge any fees for returning goods. Repayment will be made by using the same mode of payment as at the original transaction. Desirée Haftstein is entitled to retard the repayment upon reception of the goods or an evidence dispatch of the goods, whatever is the earliest date.
You have to return the goods to the above address within 14 days upon sending your statement of revocation. The term is kept if the goods are dispatched within that period.
You have to bear the direct costs of return.
If you cannot return the goods received in whole or in part or if purchaser can only return the received goods in a deteriorated state, you must pay compensation for value insofar. There is no duty to pay compensation for value, if the sole cause of deterioration of the goods received was the inspection of the respective goods, as would have been possible in a retail shop.
End right of revocation
Please avoid damage and contamination of the product. Send the product with all packaging components to us if possible. Use a protective outer packaging. Provide us with an appropriate packaging for adequate protection from damage during transit. Please do not send the product unfree to us back.
Desirée Haftstein is not responsible for slight variations in color and brand recognition.
9. Terms of Payment
Depending on destination of delivery and total of order the customer will be able to select at the order process different modes of payment. Customers may pay by prepayment (cash before delivery) and PayPal. Notes and checks are only accepted for payment purposes. All associated costs and expenses are charged to the customer.
8.1 In case prepayment is agreed upon, such payment shall be due immediately after conclusion of contract.
8.2 If you select the payment method ‚PayPal‘ you will be redirected with your order specifications to the PayPal website, where you can make your payment.
10. Right of Return
By the individuality of the "face up" it is excluded from the right of return.
11. Limitation of Liability
11.1 The works are dispatched in perfect condition, if there is any shipping damage claim it immediately to the shipping service. If the customer fails to comply it has no effect on his legal or contractual warranty claims.
11.2 For the delivery of the goods from the customer to Desirée Haftstein, Desirée Haftstein assumes no liability. The goods will be carefully checked when they arrive at Desirée Haftstein. Desirée Haftstein will inform immediately the customer if they are any defects or damage.
12. Rights of Use
Desirée Haftstein may use copies of the works in the form of photographs for their own purposes. If the client does not wish this, he has to notify Desirée Haftstein about it.
Desirée Haftstein is committed to use all the customer needs data only for order processing, to be kept confidential and not disclose to third parties.
14. Final Provisions
Should any provision of these general terms and conditions of business be ineffective, the validity of the remaining provisions shall not be affected.
German law shall apply insofar as permitted by international law.
Should the English translation differ from the German original, the German version is legally binding.