Dear customer, dear friends,

In the following, I include necessary General Terms and Conditions for my store.

Since this is always a bit confusing, please do not hesitate to contact me in case of questions.

Best,

Andy


In the following, I am the vendor, you are the customer.

Here we go:


Section 1 – Vendor, inclusion by reference of the General Terms and Conditions

(1) The vendor and contracting party for the merchandise presented in the store is
Dr. Andreas Bachmeier, Ellingerweg 94, 81673 Munich, Germany;
Phone: +49(0) 1629503868;
E-mail: hello@bantho-official.com.

(2) The present General Terms and Conditions are a component part of any contractual agreement made between the vendor and the respective customer. The vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.

Section 2 – Merchandise offered and conclusion of contract

(1) The vendor is offering the articles presented in the store for sale to other Etsy users and customers outside Etsy. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by the customer; these variations are technically unavoidable. Further, the vendor uses virtual mockups as product images. The actual product may differ slightly from these, as the respective product is manufactured individually for the customer after the order.

(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in either German or English.

(3) Physical merchandise will be manufactured and delivered by subcontractors based in Germany, where Shirtee manufactures BANTHO garments, stickers & bags and Shirtigo manufactures BANTHO wall art products.

(4) The customer shall select the merchandise desired by placing it in his or her shopping basket or by clicking on the checkout button. The order will be conclusively placed with the vendor by clicking on the place order button. Until the order is transmitted to the vendor, the customer has the opportunity to review, at any time, the data input when placing the order, to modify them or to completely discontinue the order.

(5) The vendor is making a binding sales offer for the merchandise presented in his shop. By transmitting the order using the place order button , the customer accepts the sales offer. The vendor shall confirm the conclusion of the contract by e-mail (order confirmation).

(6) The content of the contracts concluded is stored in the vendor’s and the customer’s Etsy user accounts and may be viewed by the customer at any time in the Etsy portal by clicking on the item “My Purchases” in the Etsy menu. Where a purchase is made outside of Etsy, the content of the contracts is sent via e-mail to the customer. The customer may review the privacy policy and general terms and conditions at any time on the BANTHO website (www.bantho-official.com/) or via the BANTHO Etsy Shop.

(7) The vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance. The customer will also receive a shipping confirmation when the order is shipped in one or more deliveries.

Section 3 – Prices and payment

(1) All product prices are end prices exclusive shipping costs. The indicated prices are total prices. Sales tax is not shown due to the vendors small business status (German law: § 19 UStG).

(2) Where deliveries are made to countries outside the EU, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the vendor has no means of influencing them.

(3) The vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by selecting the respective payments method. All payments are processed by Etsy.

(4) For orders by prepayment, a payment deadline of 1 day from contract confirmation applies, as physical goods are immediately manufactured on-demand for the customer. It is the customer's responsibility to make the payment in time to be received by the seller within the payment period. The seller reserves the right to withdraw from the purchase contract and cancel the order with the supplier if the payment is not received by the payment deadline.
Digital goods are to be paid immediately within 2 hours. Payments received by the customer after the withdrawal from the contract will be refunded to the customer.

Section 4 – Shipment, delivery periods

(1) The vendor shall deliver physical merchandise within 5-10 business days after payment is made. This is dependent on the subcontractor. The vendor cannot influence production times and shipping durations directly. Delivery is performed by the subcontractors Shirtee and Shirtigo utilizing their own shipping partners in case of physical products. In case of digital products, the merchandise may be downloaded immediately after the purchase has been completed.

(2) For deliveries to destinations outside Germany, an additional period of 1-10 business days, depending on the destination, has to be added to the respective domestic delivery time. Shipping times depend strongly on the location of the buyer. Estimated shipping times are shown when the respective country is selected on the product page.

(3) If the customer’s order contains more than one product, the products may be delivered in multiple shipments, depending on the purchased products (e.g. garments and wall art); for these shipments, the longest given delivery period for any of the contained products will apply. Again the vendor cannot influence shipping directly, as it is handled by subcontractors.

(4) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.

Section 5 – Right of withdrawal (return items) for consumers

(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
The right of withdrawal does not apply to custom-made products, digital items, certain perishable goods, or goods that can’t be reused for health or hygiene reasons.

(2) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation herefrom, the withdrawal period for consumers who have their permanent residence in Slovenia is 15 calendar days.

(3) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.

(4) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence in Switzerland also in those cases in which Swiss law does not provide for a right of withdrawal.

(5) The shipping costs back to the vendor have to be paid by the customer.

(6) The withdrawal is possible with an e-mail sent to hello@bantho-official.com.

Possible return forms may be obtained from:
www.etsy.com/legal/policy/eu-directive-on-consumer-rights/242644519829

Section 6 - Refund Rules

The vendor will issue a refund within 14 days of receiving the returned item or evidence that the item has been shipped back. The refund includes the shipping cost for the initial delivery to the customer.

Section 7 – Warranty

Warranty claims shall be governed by the statutory regulations.

Section 8 – Final provisions

(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.

(2) Where the customer is a merchant, an entity under public law or special assets under public law, the parties agree that the vendor’s registered seat shall be the place of jurisdiction.

(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.

For extrajudicial settlements of consumer disputes, the European Union has launched an online platform ("ODR platform"):