Our General Terms and Conditions

Last updated 11. nov 2024

1. Scope of application

1.1 These General Terms and Conditions ("GTC") of I Got Piercings GmbH ("Seller") apply to all contracts made between the Seller and a consumer or entrepreneur ("Client") regarding goods displayed in the Seller’s online shop. Any differing conditions set by the customer are excluded unless agreed upon otherwise.

1.2 These GTC also apply to contracts for voucher delivery, except where expressly noted otherwise.

1.3 For contracts involving ticket delivery, these GTC apply with necessary adjustments unless otherwise specified. These terms cover only the sale of tickets for certain events described in the Seller's product listings, not the organization of these events. The legal relationship regarding the event itself, including any distinct terms set by the event organizer, is governed solely by the terms between the customer and the organizer. If the Seller is not the organizer, they hold no liability for the event’s execution, as the responsibility lies solely with the organizer.

1.4 For these GTC, a “consumer” is defined as any individual entering into a transaction for purposes outside their trade, business, or professional activities. An “entrepreneur” refers to a person, legal entity, or partnership acting within their commercial or professional capacity when entering into a transaction.

2. Conclusion of contract

2.1 The product descriptions in the seller's online shop do not constitute binding offers from the seller; rather, they serve to invite the customer to submit a binding offer.

2.2 The customer can submit an offer via the online order form integrated in the seller's shop. By placing selected goods in the virtual shopping cart and completing the ordering process, the customer makes a legally binding offer regarding the items in the cart by clicking the button that finalizes the order. Additionally, the customer can submit an offer via phone, fax, email, or post.

2.3 The seller may accept the customer's offer within five days by:

  • sending a written order confirmation or a confirmation via fax or email, with receipt by the customer being decisive, or
  • delivering the ordered goods to the customer, with receipt by the customer being decisive, or
  • requesting payment from the customer after they have submitted the order.

If multiple of these alternatives apply, the contract is concluded when the first of these alternatives occurs. The period for acceptance begins the day after the customer submits the offer and ends on the fifth day following this submission. If the seller does not accept the offer within this period, it is considered rejected, releasing the customer from any obligation.

2.4 If the customer selects a payment method offered by PayPal, payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), under the terms available at https://www.paypal.com/de/webapps/mapps/mpp/agreeua/user-full and https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. When the customer chooses a PayPal payment method during the order process, the seller accepts the customer's offer as soon as the order button is clicked to finalize the process.

2.5 For offers submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in writing (e.g., via email, fax, or letter). The seller does not provide further access to the contract text. If the customer has set up a user account in the seller's online shop, order data will be archived and can be accessed by the customer through their password-protected account using their login details.

2.6 Before finalizing the order via the online order form, the customer can detect possible input errors by carefully reviewing the on-screen information. The browser's magnification function can assist in identifying input errors by enlarging the on-screen display. The customer can correct entries using standard keyboard and mouse functions until the order button is clicked.

2.7 The contract can be concluded in either German or English.

2.8 Order processing and communications are generally conducted via email and automated order processing. The customer must ensure that the provided email address is correct to receive emails from the seller. The customer should also ensure that emails from the seller or any third parties involved in order processing can be delivered to this address.

3. Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further details on the right of withdrawal can be found in the seller's withdrawal notice.

3.3 According to Section 312g para. 2 No. 9 BGB, there is no right of withdrawal, unless otherwise agreed, for contracts regarding the provision of services related to leisure activities if the contract specifies a particular date or period for performance. Therefore, the right of withdrawal is also excluded for contracts involving the sale of tickets for scheduled leisure events.

4. Prices and payment terms

4.1 Unless otherwise stated in the product description, the prices listed are total prices, including statutory VAT. Any additional delivery and shipping costs will be indicated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply in some cases, which the seller is not responsible for and which are to be borne by the customer. These may include charges by credit institutions for money transfers (e.g., transfer fees, exchange fees) or import duties and taxes (e.g., customs). Such costs may also arise in connection with money transfers even if the delivery is within the European Union but the customer’s payment is made from outside the EU.

4.3 Available payment options will be communicated to the customer in the seller’s online shop.

4.4 If payment by bank transfer is agreed upon in advance, the payment is due immediately upon contract conclusion unless a later due date has been mutually agreed.

4.5 When choosing the "Stripe" payment method, payment processing is handled by the payment service provider Stripe. The customer must have a valid payment method compatible with Stripe and authorize the payment during checkout. The transaction will be processed immediately by Stripe, and the customer’s account will be debited accordingly. More information about Stripe's payment methods is available at https://stripe.com.

5. Terms of delivery and shipping

5.1 Unless otherwise agreed, goods will be delivered by DHL to the delivery address specified by the customer. The delivery address provided in the seller’s order processing is considered definitive for this transaction.

5.2 If the delivery fails due to reasons attributable to the customer (e.g., incorrect address information), the customer will bear the reasonable costs incurred as a result. This does not apply to costs incurred if the customer effectively exercises their right of withdrawal. In such cases, the provisions regarding return costs stated in the seller’s withdrawal notice will apply.

5.3 Self-collection of goods is not available for logistical reasons.

5.4 Vouchers will be provided to the customer as follows:

  • via download
  • by email

5.5 Tickets will be provided to the customer as follows:

  • via post
6. Reservation of title

6.1 If the seller provides the piercing jewelry in advance, they reserve ownership of the delivered items until the full purchase price has been paid.

7. Defectual liability (guarantee)

7.1 If the purchased piercing jewelry is defective, statutory liability for defects shall apply.

7.2 For used items, the following deviation applies: Defect claims are excluded if the defect appears more than one year after delivery. Defects occurring within one year of delivery can be claimed within the statutory limitation period. However, the one-year liability limit does not apply: – to items that are typically used in building construction and whose defectiveness caused damage, – to claims for damages and reimbursement of expenses by the customer, and – if the seller has fraudulently concealed the defect.

7.3 Customers are encouraged to report any visible transport damage to the delivery agent and inform the seller. Failing to do so does not affect their statutory or contractual defect claims.

8. Redemption of promotional vouchers

8.1 Vouchers issued by the seller for free as part of promotions, with a specified validity period, and not available for purchase by the customer (referred to as “Promotional Vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

8.2 Promotional vouchers may only be redeemed by consumers.

8.3 Certain products may be excluded from the voucher promotion if specified in the promotional voucher’s terms.

8.4 Promotional vouchers must be redeemed before completing the order process. They cannot be applied retroactively.

8.5 Only one promotional voucher can be used per order.

8.6 The value of the goods must meet or exceed the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.7 If the promotional voucher value is not sufficient to cover the order, the customer may use one of the remaining payment methods offered by the seller to pay the difference.

8.8 Promotional voucher balances cannot be exchanged for cash or accrue interest.

8.9 If the customer returns items paid for wholly or partially with a promotional voucher within their statutory right of withdrawal, the promotional voucher will not be refunded.

8.10 Promotional vouchers are transferable. The seller may fulfill the voucher redemption with the respective holder who redeems it in the online shop. This does not apply if the seller is aware or grossly unaware of unauthorized use, lack of legal capacity, or lack of authorization to represent the holder.

9. Redemption of gift certificates


9.1 Vouchers that can be purchased via the seller's online shop (“gift vouchers”) are redeemable only in the seller's online shop unless otherwise specified on the voucher.

9.2 Gift vouchers and any remaining balances are redeemable until the end of the third year after the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

9.3 Gift vouchers must be redeemed before completing the order process. They cannot be applied retroactively.

9.4 Only one gift voucher may be redeemed per order.

9.5 Gift vouchers can only be used for purchasing goods, not for purchasing additional gift vouchers.

9.6 If the gift voucher value does not cover the full order amount, the customer may choose from other payment methods offered by the seller to pay the remaining balance.

9.7 Gift voucher balances cannot be exchanged for cash or accrue interest.

9.8 Gift vouchers are transferable. The seller may fulfill the voucher redemption for the respective holder who redeems it in the online shop. This does not apply if the seller is aware or grossly unaware of unauthorized use, lack of legal capacity, or lack of authorization to represent the holder.

10. Resale of professional piercing and tattoo needs

10.1 Dealers or professional piercing and tattoo studios (B2B customers) are prohibited from reselling items purchased for professional tattoo and piercing needs—especially consumables (e.g., jewellery, piercings)—to private individuals, unless they have a B2B agreement with the franchise.

11. Applicable law

11.1 All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding international sales law for movable goods. For consumers, this choice of law applies only insofar as it does not remove protections granted by mandatory provisions of the law of the country where the consumer has their habitual residence.

12. Jurisdiction

12.1 If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s registered office. If the customer’s registered office is outside the Federal Republic of Germany, the seller’s registered office shall likewise be the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or related claims pertain to the customer’s professional or commercial activity. However, in all cases, the seller reserves the right to bring action in the court of the customer’s registered office.

13. Code of Conduct

13.1 The seller adheres to the terms and conditions of the eCommerce initiative "Fairness in Retail," which are available online at https://www.fairness-im-handel.de/teilnahmebedingungen/teilnahmebedingungen.

14. Alternative dispute resolution

14.1 The EU Commission offers an online dispute resolution platform, available at: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

14.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. WordPress

Who we are?

I Got Piercings GmbH.

Our websites that we run under I Got Piercings is:

https://igotpiercings.com. - https://igotpiercings.de - https://igotpiercings.dk.

Revocation policy

Consumers have a right of withdrawal under the following conditions.
A consumer is any individual entering a transaction primarily outside their commercial or
independent professional activities.

Right of withdrawal

 

You have the right to cancel this contract within 30 days without providing a reason.

The cancellation period is 30 days from the day you or a third party designated by you (other than the carrier) takes possession of the last goods.

To exercise your right of cancellation, please inform us (I Got Piercings GmbH, Große Straße 85, 24937 Flensburg, Germany, Email: info@igotpiercings.com) with a clear statement (e.g., by letter, fax, or email) of your decision to cancel this contract. You may use the attached model withdrawal form, but it is not required.

To meet the deadline, simply send your notification before the 30-day period expires.

Consequences of the withdraw

 

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs if you selected a more expensive delivery method than our standard option). This refund will be processed promptly and no later than fourteen days from the day we receive notification of your cancellation. We will use the same payment method as the original transaction unless we agree otherwise; no fees will be charged for the refund. We may withhold reimbursement until we receive the goods back or until you provide proof of return, whichever is earlier.

You must return the goods to us without delay and no later than fourteen days from the day you notify us of the cancellation. The deadline is met if you send the goods before the fourteen-day period expires.

You are responsible for the direct costs of returning the goods.

You will only be liable for any diminished value of the goods if the loss in value results from handling beyond what is necessary to assess the nature, characteristics, and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal expires early for contracts involving the delivery of sealed goods that are unsuitable for return due to health protection or hygiene reasons if the seal has been removed after delivery.

General information

Please avoid damaging or contaminating the goods. Return them in their original packaging with all accessories and packaging components. If needed, use additional protective outer packaging. If the original packaging is no longer available, please use suitable packaging to ensure adequate protection during transport.

Please do not send the goods back as “freight collect.”

Note that the above guidelines (1-2) are not required for exercising your right of withdrawal effectively.