Information according to § 5 TMG

DELUSIONAL
Lion Backhaus Graphic Design
Mühlenstraße 10, 35066 Frankenberg (Eder), Germany

Telephone: 0175/1281189
Email: contact.delusional@gmail.com

Represented by:
Lion Bakery

Tax number: 309/5003/2785
VAT ID No.: DE349252510

General terms and conditions of business

I Information on distance selling and the conclusion of contracts in electronic commerce

§ 1 Contracting parties

The following contractual terms and conditions apply to all contracts concluded via the online shop at the URL https://delusional-system.com/ between

Delusional

By Lion Backhaus Graphic Design Mühlenstraße 10,

35066 Frankenberg (Eder)

Tel: 0175 1281189 Email contact.delusional@gmail.com

Tax number: 309/5003/2785 VAT ID no.: DE349252510

No VAT identification, as small business according to § 19 UStG.

Represented by: Lion Backhaus

Customers within the meaning of these General Terms and Conditions are exclusively consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity.

The relationship between the contracting parties is governed by the law applicable in the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

§2 Conclusion of the contract in electronic commerce

By placing the products in the online shop, we make a non-binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button.

As soon as we receive your order, you will receive an automatically generated email confirming receipt of your order and containing the details. We will then check the availability of the items you have ordered. If one or more items are not available, we will not accept your offer and you will receive a corresponding notification by email. The contract with the customer is only concluded when the order is expressly accepted by Delusional by Lion Backhaus Grafik - Design. Delusional by Lion Backhaus Grafik - Design does not assume any procurement risk and reserves the right to release itself from the obligation to fulfill the contract in the event of incorrect or improper delivery by suppliers. The liability of Delusional by Lion Backhaus Grafik - Design for intent or negligence in accordance with the liability regulations in Section II 9 of these General Terms and Conditions remains unaffected. In the event of unavailability or only partial availability of the service, Delusional by Lion Backhaus Grafik - Design will inform the customer immediately; in the event of withdrawal, the consideration will be refunded to the customer immediately.

§3 Information about your right of withdrawal

Consumers have a right of withdrawal for distance selling contracts in accordance with Section 355 of the German Civil Code (BGB). As a consumer, you therefore have the right to withdraw your contractual declaration in accordance with the following cancellation policy:

Cancellation policy / Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Delusional by Lion Backhaus Grafik – Design) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. If the goods cannot be returned by normal post due to their nature, the costs are estimated at a maximum of approximately 10.00 euros.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Non-existence or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Appendix: Sample cancellation form

according to Annex 2 to Art. 246a § 1 Para. 2 Sentence 1 No. 1 and § 2 Para. 2 No. 2 EGBGB

(If you want to cancel the contract, please fill out this form and send it back to the address below.)

Delusional by Lion Backhaus Graphic – Design

Mühlenstrasse 10

35066 Frankenberg (Eder)

Germany Email: contact.delusional@gmail.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

• Ordered on (*)/received on (*):
• Name of consumer(s):
• Address of the consumer(s):
• Date:
• Signature of the consumer(s) (only if notification is on paper) (*) Delete as appropriate

Prior agreement on the return via the email address specified in the cancellation policy makes it easier for Delusional by Lion Backhaus Grafik - Design to allocate the shipment. Delusional by Lion Backhaus Grafik - Design also points out that prior agreement is not a prerequisite for the effectiveness of the exercise of the right of cancellation.

§4 Voluntary, extended right of return

We do not offer an extended voluntary right of return beyond the 14-day statutory right of withdrawal.

I General Terms and Conditions (GTC) of Delusional by Lion Backhaus Graphic – Design (as of August 2024)

The following conditions apply to all orders placed via the website: https://delusional-system.com/. The terms and conditions valid at the time of the order apply.

§1 Prices; delivery and shipping costs

Our prices do not include VAT because Delusional by Lion Backhaus Grafik Design is a small business owner and does not have a VAT ID according to Section 19 UStG.

In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. customs duties) may have to be paid by the customer in individual cases. The shipping costs are borne by the customer. The prices you see for the items in your shopping cart are identical to those on the current product information page on the website. We will invoice the price that was listed on the website at the time of your order. The order will be placed at the current daily price.

§2 Availability

Unavailable products are not displayed in the online shop or are marked with the note "Sold out". If you have ordered a product that is no longer available due to an error, you will be informed of this by email immediately after the error is discovered.

§3 Payment

Delusional by Lion Backhaus Graphic Design accepts the payment methods listed on the respective offer website and made available for selection by the customer. The customer selects his preferred payment method from the available payment methods.

Delusional by Lion Backhaus Grafik – Design reserves the right to exclude certain payment methods in individual cases. Whether the payment methods offered by PayPal Europe, direct debit, credit card and purchase on account, are activated for the customer after a short check is not within the control of Delusional by Lion Backhaus Grafik – Design. Payment by sending cash or checks is not possible. Delusional by Lion Backhaus Grafik – Design excludes liability in the event of loss. Bank charges may apply for international transfers, which are to be borne by the customer.

Payment for the order must be made within 14 days of receipt of the order confirmation. Delusional by Lion Backhaus Grafik – Design reserves the right to cancel the reservation of the ordered items for orders without registered receipt of payment after a further written deadline of 14 days. Orders with the purchase on account offered by PayPal Plus are excluded from this. PayPal Europe sets the customer a payment deadline of 30 days after the order is placed for purchase on account.

Gift vouchers:

If you redeem a gift voucher when placing an order, the voucher value will be deducted directly from the total amount of your order. If the order value exceeds the voucher value, the remaining amount will be paid using the payment method you selected. If you return items, the respective amount will be refunded to your payment method, but not the gift voucher. Gift vouchers can be replaced, but not paid out. Please note that the voucher will only be replaced once the return has been completed. Gift vouchers are legally valid for 3 years to the end of the year.

Discount coupons:

Discount coupons (fixed amount or percentage) offer a discount on your order, which is distributed as a percentage of the items ordered. In the event of a return, the reduced sales price will be refunded to you in accordance with the percentage discount. Discount coupons cannot be reissued or converted into gift vouchers. Please note that some vouchers can only be redeemed over a certain period of time and may be tied to a minimum purchase. It is not possible to pay out any remaining balance.

§4 Delivery conditions

The delivery times are shown on the product page or under Shipping Times & Costs. The information refers to immediate payment instructions during or immediately after placing the order. Articles are only dispatched after receipt of payment has been registered.

Delivery will be made to the delivery address specified by the customer. You will be informed of the shipment by email. The shipping route and means are at our discretion. Shipping is currently carried out by the companies DHL and Hermes.

The risk of accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to him (Section 446, Paragraph 1 of the German Civil Code) or if he is in default of acceptance (Section 300, Paragraph 2 of the German Civil Code).

§5 Acceptance of the goods

We use DHL to ship your order within Europe. If a delivery of goods arrives damaged, we would like to ask you to do the following: If possible, complain about the damaged goods directly to the shipping company employee and document the degree and extent of the damage. Otherwise, it is almost impossible to settle the claim if the contents of the package are damaged. You can refuse to accept damaged goods.

Any rights and claims of the customer - especially the statutory rights of the buyer in the event of defects in the (purchased) item - remain unaffected by the above provisions. These therefore do not include any limitation period for the customer's rights in accordance with Section II 8 of these General Terms and Conditions.

§6 Retention of title

We retain title to all goods delivered by us until full payment has been made. To assert our retention of title, we are entitled to demand immediate return of the reserved goods, excluding any right of retention, unless there are legally established or undisputed counterclaims.

§7 Force majeure

In the event that we are unable to provide the service due to force majeure (particularly natural disasters), we are released from our obligation to provide the service for the duration of the hindrance. If we are unable to execute the order or deliver the goods for more than one month due to force majeure, you are entitled to withdraw from the contract.

§8 Warranty

When you purchase goods, you are entitled to statutory liability rights for defects in the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the goods, subject to the following provisions.

We are only partially the manufacturer of the goods we supply. In the event of claims under the Product Liability Act, we will contact the manufacturer on your behalf. Please report any complaints to us by sending an email to contact.delusional@gmail.com.

The warranty of Delusional by Lion Backhaus Grafik – Design is otherwise based on the following paragraphs. Delusional by Lion Backhaus Grafik – Design does not generally provide any guarantees of its own; the mere presentation of the articles in the online shop is therefore to be regarded as a pure description of the service.

No warranty applies for damage caused by improper handling or use of the goods by the customer. The same applies to so-called deliberate wear and tear.

If the purchased item is defective, the customer is entitled to subsequent performance if and to the extent that the requirements of the statutory provisions on rights in the event of defects are met.

As part of the subsequent performance, consumers have the choice of whether the subsequent performance should be carried out either by repair or replacement delivery. However, Delusional by Lion Backhaus Grafik – Design is entitled to the selected type of subsequent performance if this is only possible at disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the consumer.

If it is necessary to return the defective purchased item, Delusional by Lion Backhaus Grafik – Design will cover the costs of the return in the form of a return label provided or, if agreed in advance, by refunding the return costs to the customer's bank account if a corresponding postal receipt was submitted by email. Delusional by Lion Backhaus Grafik – Design reserves the right not to refund any return costs incurred if the return label provided was not used, no receipt of the return was submitted or no prior agreement was made.

The limitation period for the rights of a consumer in the event of defects is 2 (two) years from delivery of the goods to the customer. The above limitation period relief does not apply if Delusional by Lion Backhaus Grafik – Design is liable according to Section II 9 of these terms and conditions or if it concerns the property right of a third party on the basis of which the return of the delivery item can be demanded.

To meet the deadline, it is sufficient to send the notification of defects.

Pursuant to Regulation (EU) No 524/2013, the European Commission provides a European platform for resolving disputes between consumers residing in the European Union and traders established in the European Union arising from the online sale of goods or the online provision of services (so-called ODR platform / URL: http://ec.europa.eu/consumers/odr/ ) via an interactive website that can be accessed electronically in all official languages ​​of the European Union institutions. To submit a complaint on this so-called ODR platform, consumers must fill out an electronic complaint form. The individual information that must be provided when submitting a complaint is listed in the annex to Regulation (EU) No 524/2013.

§9 Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents • in the event of injury to life, limb or health • in the event of intentional or grossly negligent breach of duty • in the event of a guarantee promise, if agreed, or • insofar as the scope of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

Any further liability is excluded – regardless of the legal nature of the claim asserted.

§10 Contract language/Storage of the contract text

The contract language is German.

We do not save the contract text and it can no longer be accessed after the order process has been completed. However, you can print out your order data immediately after submitting the order.

§11 Final provisions

Place of performance and jurisdiction in business transactions with companies and legal entities is the registered office of Delusional by Lion Backhaus Graphic Design. The same applies if the customer as an entrepreneur does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is brought. The right to also appeal to a court at another legal place of jurisdiction remains unaffected. This contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.