Terms of service

 

Terms and Conditions of Sale and Delivery of ELFRIEDE/KASTULUS GbR
(Version 4/2026)

 

 

 

1. Scope 2

2. Contracting Parties 2

3. Product Description 2

4. Conclusion of Contract 2

5. Right of Withdrawal 2

6. Prices and delivery charges 4

7. Delivery 4

8. Payment 4

9. Retention of title 5

10. Warranty for material defects 5

11. Liability 5

12. Final provisions 5

13. Dispute resolution 5

1. Scope

These Terms and Conditions of Sale and Delivery of ELFRIEDE/KASTULUS GbR (hereinafter ‘ELFRIEDE/KASTULUS’) shall apply to all deliveries made by ELFRIEDE/KASTULUS GbR to consumers in the version valid at the time the contract is concluded.

A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor related to their self-employed professional activity.

We reserve the right to amend the T&Cs. The current version is available on our website at the URL …

 

2. Contractual Partner

The purchase contract is concluded with ELFRIEDE/KASTULUS GbR, owners: Emelie Gerleit, Julius Berger, Maxstr. 1, 13347 Berlin, Germany.

3. Product description

3.1 The information provided in our online shop regarding our products (characteristics, dimensions, colour, price, etc.) is as accurate as possible but is not binding. Images and photographs are for illustrative purposes only. The content of our product descriptions alone shall be deemed authoritative. We expressly reserve the right to make minor and reasonable changes to our products.

3.2 ELFRIEDE/KASTULUS manufactures the majority of the products it designs and distributes itself. Deviations from representations and specifications are therefore, under certain circumstances, unavoidable to a greater extent than would be the case with industrial mass production. You are aware of this and accept such deviations within reasonable limits. In the event of deviations exceeding these limits, you and ELFRIEDE/KASTULUS shall endeavour to reach a mutually agreeable solution.

 

4. Conclusion of Contract

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

5. Right of withdrawal

5.1. If you are a consumer (i.e. a natural person placing an order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.

 

5.2. If, as a consumer, you exercise your right of withdrawal in accordance with clause 4.1, you shall bear the standard costs of returning the goods.

 

5.3. In all other respects, the provisions set out in detail in the following

 

- Cancellation Policy -

 

are set out in detail

 

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 designated by you (other than the carrier), took possession of the goods.

 

To exercise your right of withdrawal, you must inform us, ELFRIEDE/KASTULUS GbR, Maxstr. 1, 13347 Berlin, Germany, email: elfriedekastulus@gmail.com (e.g. by letter sent by post or by email), of your decision to withdraw from this contract by means of a clear statement. You may use the model withdrawal form provided below, although this is not mandatory. You may also complete and submit the model withdrawal form or another clear statement electronically via our website (https://elfriedekastulus.com). If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal.

 

To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

 

Consequences of withdrawal

 

If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs, with the exception of the initial delivery costs, without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund.

 

We may withhold the refund until we have received the goods back.

 

You must return the goods without delay and in any event no later than fourteen days.

 

Returns must be arranged via the online shop following a prior enquiry. You are responsible for the cost of the return. We generally proceed as follows: Once approved, you will receive a return label via email. The cost of the return label, amounting to 6 euros, will be deducted from the refund amount.

 

You will only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish their nature, characteristics and functioning.

 

- End of the cancellation policy –

 

 5.4. ELFRIEDE/KASTULUS provides the following information regarding the model withdrawal form in accordance with the statutory provisions:

 

Model withdrawal form

To ELFRIEDE/KASTULUS GbR, Maxstr. 1, 13347 Berlin, Germany, email: elfriedekastulus@gmail.com:

–I/we (*) hereby withdraw from the contract concluded by me/us (*)

for the purchase of the following goods (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for notifications on paper)

— Date

(*) Delete as appropriate 

 

6. Prices and delivery charges

6.1. The prices stated on the product pages include VAT and other price components.

 

6.2. In addition to the prices stated, we charge delivery costs, which vary depending on size, weight and whether the delivery is domestic or international, and are specified in the order form.

 

6.3 For deliveries of goods outside the European Union and Switzerland, import duties (customs duties) may apply, which are also to be borne by you.

 

7. Delivery

7.1. Delivery is available within Germany only via DHL.

 

7.2. Delivery takes 4–8 working days within Germany, but this may vary. Should individual products be out of stock due to high demand but still be producible by us, we reserve the right to extend delivery times accordingly. Should delivery times be expected to exceed 8 working days, we will inform you immediately.

8. Payment

8.1. Payment may be made by credit card, debit card or PayPal.

 

8.2 Payment of the purchase price is due immediately upon conclusion of the contract.

 

8.3 If paying by direct debit, you shall bear the costs arising from a chargeback of a payment transaction due to insufficient funds in your account or due to account details provided incorrectly by you.

 

8.4 Set-off and rights of retention are excluded, unless your counterclaim is undisputed or has been established by a final and binding court decision.

 

9. Retention of title

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

10. Warranty for Material Defects

10.1 ELFRIEDE/KASTULUS shall be liable for material defects in accordance with the applicable statutory provisions. Deviations from the descriptions provided within the scope set out in clause 3 of these Terms and Conditions, or your mere expectations regarding the quality of the goods, do not in themselves constitute defects.

11. Liability

11.1 Claims for damages on your part are excluded. This does not apply to claims for damages arising from injury to life, limb or health, or from the breach of fundamental contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty on our part or on the part of our vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

 

11.2 In the event of a breach of essential contractual obligations, we shall only be liable for foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless your claims for damages arise from injury to life, limb or health.

 

11.3 The limitations set out in 10.1 and 10.2 also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

 

11.4 The limitations of liability arising from 10.1 and 10.2 shall not apply where we have fraudulently concealed the defect or have given a guarantee as to the quality of the goods. The same shall apply where we and you have entered into an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

 

12. Final Provisions

12.1 Contracts between us and you shall be governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory provisions, in particular those of the country in which you, as a consumer, have your habitual residence, remain unaffected.

 

12.2 If you are a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship with us shall be the registered office of our company.

 

12.3 Even if individual provisions are legally invalid, the remaining provisions of the contract shall remain binding. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.

 

13. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.