AGB – German (EU Directives)

1st provider

ZenSaku Studio
Drimbornweg 1
53909 Zülpich
E-mail: mail@zensakustudio.com

Note according to § 19 UStG:

Due to the small business regulation, no sales tax is charged or shown in accordance with § 19 UStG.

2. scope of application

These GTC apply to all orders placed by consumers via our online store. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.

3. conclusion of contract

      1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order.

      1. By clicking on the “Buy now” button, you submit a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

      1. The contract is concluded when we accept your order with an order confirmation by e-mail or deliver the goods.

    4. prices and shipping costs

        1. All prices are inclusive of VAT and plus any shipping costs.

        1. The shipping costs are clearly indicated in the order process and are to be borne by the customer, unless otherwise agreed.

      5. terms of payment

          1. The following payment methods are available in our online store:

                • Credit and debit card: We accept payments with VISA, MasterCard and American Express.

                • Klarna: With Klarna you can choose “Pay now”, “Pay later” or “Pay in installments”. You can find more information directly at Klarna.

                • Apple Pay and Google Pay: With these options, you can pay quickly and securely directly from your smartphone or other devices.

            1. Payment processing:

                  • Payment is made directly during the ordering process. The invoice amount is due immediately after completion of the order.

                  • If Klarna is selected, Klarna’s terms and conditions apply, which can be viewed during the payment process.

              1. Fees:

                    • There are no additional fees for using the specified payment methods.

                1. Security:

                      • All payments are processed via secure SSL encryption to protect your data.

                6. delivery

                    1. We only deliver to the following countries:

                    1. Albania, Australia, Austria, Belgium, Bosnia and Herzegovina, Canada, Denmark, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Mexico, Netherlands, North Macedonia, Romania, Serbia, Spain, Switzerland, Ukraine, United Kingdom, United States of America (USA).

                    1. Unless otherwise stated, the delivery time is 3-7 working days within the EU and 7-14 working days for deliveries outside the EU.

                    1. If deliveries to a country are not possible, we reserve the right to cancel the order. In this case, any payments already made will be refunded immediately.

                    1. The shipping costs are displayed during the ordering process and are to be borne by the customer, unless otherwise stated.

                  7. right of withdrawal

                      1. Consumers have the right to cancel the contract within 14 days without giving any reason. Details can be found in our cancellation policy.

                      1. For digital content, the right of withdrawal expires as soon as the download has begun.

                    8. reservation of title

                    The goods remain our property until full payment has been made.

                    9. liability

                        1. We are liable without limitation for intent and gross negligence.

                        1. We shall only be liable for simple negligence in the event of a breach of material contractual obligations.

                        1. Liability for damages resulting from injury to life, limb or health remains unaffected.

                      10. warranty

                      The statutory warranty rights apply.

                      11. dispute resolution

                      We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

                      12. final provisions

                          1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

                          1. Should individual provisions of these GTC be invalid, the remainder of the contract shall remain valid.

                        Terms and Conditions – United States and Canada

                        1st provider

                        ZenSaku Studio
                        Drimbornweg 1
                        53909 Zülpich, Germany
                        Email: mail@zensakustudio.com

                        2. scope of application

                        These T&Cs apply to all orders placed by customers residing in the United States and Canada via our online store.

                        3. conclusion of contract

                            1. The presentation of products in the online store does not constitute a legally binding offer but an invitation to place an order.

                            1. By clicking the “Buy Now” button, you are submitting a binding offer to purchase the goods in the shopping cart.

                            1. The contract is concluded when we accept your order by sending a confirmation email or delivering the goods.

                          4. prices and taxes

                              1. All prices are displayed in [USD/CAD – specify the default currency for your store] and are exclusive of applicable taxes.

                              1. Sales tax (or VAT for Canadian customers) will be calculated and displayed at checkout based on your shipping address.

                            Payment Terms

                                1. We accept the following payment methods:

                                      • Credit and Debit Cards: We accept VISA, MasterCard, and American Express.

                                      • Apple Pay and Google Pay: Secure and fast payments directly via your device.

                                  1. Payments must be made immediately after placing the order.

                                  1. Security: All payments are processed through secure SSL encryption.

                                6. delivery

                                    1. We deliver to addresses in the United States and Canada.

                                    1. Estimated delivery times are as follows:

                                          • United States: 5-10 business days.

                                          • Canada: 7-14 business days.

                                      1. Delivery times may vary depending on location and carrier availability.

                                    7. returns and refunds

                                        1. Return Policy for Physical Goods:

                                              • We accept returns of physical products within 30 days of receipt, provided the items are unused and in their original packaging.

                                              • Customers are responsible for return shipping costs unless the item is defective or we made an error with your order.

                                          1. Exclusions:

                                                • Digital downloads and customized products are non-refundable.

                                                • If you experience issues with a digital download (e.g., corrupted files), please contact us at mail@zensakustudio.com for assistance.

                                            1. Refunds will be processed within 7 business days after we receive the returned item.

                                          8. digital downloads

                                              1. Upon purchase, you will receive access to a download link for the purchased digital content.

                                              1. License and Usage:

                                                    • You are granted a non-exclusive, non-transferable license to use the digital content for personal or commercial purposes, as specified in the product description.

                                                    • Redistribution, resale, or public use of the digital content without prior written consent is prohibited.

                                                1. Please ensure you download and back up the files. We are not responsible for lost files after delivery.

                                              9 Limitation of Liability

                                                  1. To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, or consequential damages arising out of or related to the use of our products or services.

                                                  1. Our total liability for any claims shall not exceed the purchase price of the product in question.

                                                  1. This limitation of liability does not apply to damages resulting from intentional misconduct or gross negligence.

                                                10. privacy

                                                    1. We comply with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

                                                    1. Your Rights under CCPA (California):

                                                          • You have the right to request information about the personal data we collect and to request its deletion.

                                                      1. For detailed information about how we handle your personal data, please refer to our Privacy Policy.

                                                    11 Warranty Disclaimer

                                                        1. Our products are provided “as is” and “as available” without any warranties, express or implied, unless explicitly stated in the product description.

                                                        1. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

                                                        1. By purchasing our products, you agree that ZenSaku Studio is not responsible for injuries, damages, or losses resulting from improper use or care of the items.

                                                      12. dispute resolution

                                                          1. Any disputes arising from the use of our services or products will be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

                                                          1. For customers residing within the European Union (EU), the courts located in Germany shall have exclusive jurisdiction over any disputes related to these terms and conditions.

                                                          1. For customers residing outside of the EU, including but not limited to the United States and Canada, the laws of the Federal Republic of Germany shall still apply. However, you agree to submit to the exclusive jurisdiction of the courts in Zülpich, Germany, for any legal proceedings.

                                                        13. final provisions

                                                            1. These T&Cs are governed by the laws of the United States or Canada, as applicable.

                                                            1. If any provision of these T&Cs is found to be invalid, the remaining provisions shall remain in effect.

                                                          Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

                                                          Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.

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