Terms of service

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Prices and Payment Terms

  4. Delivery and Shipping Conditions

  5. Retention of Title

  6. Right of Withdrawal and Withdrawal Policy

  7. Liability for Defects (Warranty)

  8. Special Conditions for Digital Content

  9. Applicable Law

  10. Alternative Dispute Resolution

1. Scope of Application

1.1. These General Terms and Conditions (hereinafter “GTC”) of Dmitrij Filenko, operating under “Dmitrij Filenko Black Forest AI Design” (hereinafter “Seller”), apply to all contracts for the delivery of goods and the provision of digital content concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller via the online shop on Shopify. Any conflicting terms and conditions of the Customer are rejected unless otherwise expressly agreed.

1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (§ 13 German Civil Code – BGB).

1.3. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership acting in the exercise of their trade, business, or independent professional activity when concluding a legal transaction (§ 14 BGB).

2. Conclusion of Contract

2.1. The product descriptions in the Seller’s Shopify online shop do not constitute binding offers but serve as an invitation for the Customer to submit a binding offer.

2.2. The Customer submits a binding offer by placing the selected goods or digital content in the shopping cart and completing the order process by clicking the button “Order with obligation to pay” or a similar button.

2.3. For personalized products (e.g. T-shirts with individual prints via Printify or Customily), the Customer must provide the requested personalization details (e.g. text, images) during the order process. The Customer is requested to carefully review all details before submitting the order, as subsequent changes are not possible.

2.4. The Seller may accept the Customer’s offer within five days by:

  • sending an order confirmation in text form (email or fax), receipt by the Customer being decisive,

  • delivering the goods or granting access to digital content, receipt being decisive, or

  • requesting payment from the Customer.

If payment is made via Shopify Payments or PayPal, acceptance occurs immediately upon completion of the order process. If the Seller does not accept the offer, it is deemed rejected and the Customer is no longer bound by it.

2.5. The contract text is stored after conclusion of the contract and sent to the Customer by email together with these GTC and the withdrawal policy. Customers with a shop account can access their order data under “My Orders.”

2.6. Before submitting the order, the Customer can review and correct entries during the ordering process. The contract language is German.

2.7. Order processing is automated via Shopify. The Customer must ensure that the email address provided is correct and capable of receiving emails.

3. Prices and Payment Terms

3.1. All stated prices are total prices including statutory VAT. Shipping costs are shown separately in the shopping cart.

3.2. Available payment methods are: Shopify Payments (e.g. credit card, Apple Pay, Google Pay), PayPal, and advance payment by bank transfer. The available options are displayed during checkout.

3.3. Shopify Payments is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland. PayPal payments are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. In the case of advance services (e.g. purchase on invoice), claims may be assigned to PayPal after a credit check. Payment to PayPal has discharging effect.

4. Delivery and Shipping Conditions

4.1. Delivery is made within Germany and the EU to the address specified during checkout. For Shopify Payments or PayPal, the stored payment address is decisive. For print-on-demand products via Printify, delivery time may be up to 14 working days due to production after ordering.

4.2. Delivery time for personalized products may vary because they are individually manufactured. The estimated delivery time is shown before the order is completed.

4.3. If delivery fails due to reasons attributable to the Customer, the Customer bears the actual shipping costs incurred, except in the case of a valid withdrawal.

4.4. For entrepreneurs, the risk passes upon handover to the carrier; for consumers, upon handover of the goods, unless the carrier was commissioned by the Customer.

4.5. If the Seller is not supplied through no fault of their own (e.g. by Printify), the Seller may withdraw from the contract if a proper covering transaction was concluded. The Customer will be informed and payments refunded.

4.6. Self-collection is not possible.

5. Retention of Title

The goods remain the property of the Seller until full payment has been received.

6. Right of Withdrawal and Withdrawal Policy

6.1. Right of Withdrawal

Consumers have a right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any 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, took possession of the goods, in the case of physical goods,

  • on which the contract was concluded, in the case of digital content not supplied on a tangible medium.

To exercise the right of withdrawal, you must inform us (Dmitrij Filenko, Black Forest AI Design, Georg-Wagner-Str. 32, 72202 Nagold, Germany, email: serviceflagsshop@gmail.com, phone: +49 176 23835058) by means of a clear statement (e.g. letter or email). You may use the model withdrawal form, but it is not mandatory. The deadline is met if the notification is sent before the withdrawal period expires.

6.2. Consequences of Withdrawal

In the event of withdrawal, we will reimburse all payments, including delivery costs (except additional costs for non-standard delivery), within fourteen days from receipt of the withdrawal notice, using the original payment method and without fees.

For goods: reimbursement may be withheld until the goods are returned or proof of return is provided. Goods must be returned within fourteen days to Dmitrij Filenko, Georg-Wagner-Str. 32, 72202 Nagold, Germany. You bear return shipping costs and are liable only for diminished value resulting from unnecessary handling.

For digital content: the right of withdrawal expires if you consented to immediate performance and acknowledged the loss of the right of withdrawal.

6.3. Exceptions to the Right of Withdrawal

No right of withdrawal exists for:

  • goods manufactured according to customer specifications (e.g. personalized products) (§ 312g para. 2 no. 1 BGB),

  • digital content not on a tangible medium if performance began with your consent and acknowledgment of loss of withdrawal right (§ 356 para. 5 BGB).

6.4. Special Notes on Personalized Products

There is no right of withdrawal for personalized products manufactured according to your specifications (e.g. custom print products via Printify or Customily). By ordering, you expressly agree that production begins immediately and your withdrawal right expires at that point. Please carefully check all details (design, text, measurements) before ordering. Contact: serviceflagsshop@gmail.com or +49 176 23835058.

6.5. Model Withdrawal Form

To: Dmitrij Filenko, Georg-Wagner-Str. 32, 72202 Nagold, Germany, Email: serviceflagsshop@gmail.com

I/We () hereby withdraw from the contract for the purchase of the following goods () / provision of the following service (*)

Ordered on () / received on ()
Name of consumer(s)
Address of consumer(s)
Signature (only if on paper)
Date

(*) Delete as appropriate.

7. Liability for Defects (Warranty)

7.1. Statutory defect liability rules apply unless otherwise stated.

7.2. For entrepreneurs: subsequent performance at Seller’s choice; limitation period for new goods is one year; excluded for used goods.

7.3. Exceptions: limitations do not apply to damages, fraudulent concealment, building defects, or update obligations for digital content.

7.4. Merchants (§ 1 German Commercial Code – HGB) are subject to the duty to inspect and give notice of defects (§ 377 HGB).

7.5. Consumers are requested to report transport damage to serviceflagsshop@gmail.com without affecting their rights.

8. Special Conditions for Digital Content

8.1. Digital content (e.g. downloads) is provided with a non-exclusive, non-transferable right of use for personal purposes.

8.2. Updates are provided in accordance with § 327e BGB if agreed.

9. Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory consumer protection provisions of their country of residence remain unaffected.

10. Alternative Dispute Resolution

10.1. EU Commission ODR platform: https://ec.europa.eu/consumers/odr

10.2. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.