Drafting note: These Terms are structurally ready but still contain named placeholders for provider identity, address, registration or VAT details, venue, and consumer-dispute wording. Fill every
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Effective date: [EFFECTIVE_DATE]
These Terms of Service ("Terms") govern your access to and use of https://handwrite.shopofluba.de (the "Site") and the related services for configuring, purchasing, producing, and fulfilling handwritten stationery orders, currently including handwritten postcards and handwritten Card + Envelope sets (the "Services").
By using the Site or placing an order, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Provider
[LEGAL_PROVIDER_NAME]
[LEGAL_STREET_ADDRESS]
[LEGAL_POSTCODE_CITY_COUNTRY]
Email: [LEGAL_EMAIL]
[REGISTER_DETAILS_OR_NOT_APPLICABLE]
[VAT_ID_OR_TAX_NOTE]
For the purposes of these Terms, "Handwrite", "we", "us", and "our" refer to the provider identified above.
Scope of the Services
Handwrite provides an online workflow for preparing personalised stationery orders, including design selection, recipient management, message composition, payment processing, production, and dispatch.
The current live order flow covers handwritten postcards and handwritten Card + Envelope sets (folded A6 card plus addressed envelope). Product pages or features marked as coming soon, waitlist, beta, or similar are informational only unless and until we expressly make them available for purchase.
Eligibility and account use
You may use the Services only if you have legal capacity to enter into binding contracts or if the order is placed by a duly authorised representative.
If you use the Services on behalf of a company or organisation, you confirm that you are authorised to bind that entity to these Terms.
You are responsible for:
- keeping your login credentials and magic-link access secure;
- all activity that occurs through your account or authenticated session; and
- ensuring that information you provide to us remains accurate and up to date.
Orders and contract formation
The presentation of products and prices on the Site does not constitute a binding offer by us. Your checkout submission constitutes your offer to purchase.
An order is accepted only when we expressly confirm acceptance, for example by order confirmation, payment confirmation tied to the order, manual studio approval, or another clear acceptance message from us. We may reject or cancel an order before acceptance, including where:
- payment cannot be authorised or completed;
- the order appears fraudulent or abusive;
- the uploaded content appears unlawful or prohibited;
- fulfilment is unavailable or impracticable;
- the requested quantity, timeline, destination, or production setup requires individual confirmation; or
- pricing, technical, or availability errors affected the listing.
If we reject or cancel an order after payment has been captured, we will refund the affected amount.
Prices and payment
Unless stated otherwise, prices are displayed in EUR. Taxes, VAT treatment, shipping, direct-mail surcharges, and discounts are shown during the order flow or checkout where applicable.
Payments are currently processed through Stripe or another payment provider we designate from time to time. We do not store full payment-card numbers.
You authorise us and our payment processor to charge the selected payment method for the full amount due, including any taxes and disclosed surcharges.
Obvious pricing, tax, or calculation mistakes do not bind us. If such an error affected your order, we may cancel the order and refund any amount already paid.
Cancellation and withdrawal
Many orders fulfilled through Handwrite are made to your specifications or are clearly personalised. For such goods, the statutory consumer right of withdrawal may be excluded under § 312g(2) no. 1 BGB.
That means in practice:
- you may request cancellation before production starts;
- once production of a personalised order has begun, cancellation or withdrawal is generally no longer possible unless mandatory law requires otherwise;
- if we offer non-personalised goods in the future, different withdrawal rules may apply; and
- your statutory rights in the event of defects, non-conformity, or non-delivery remain unaffected.
If we cannot fulfil a paid order, we will refund the unused amount attributable to that order.
Production tolerances and product-specific limitations
Physical, handwritten fulfilment involves normal tolerances. Minor variations in ink flow, line weight, alignment, texture, colour impression, or positioning between preview and physical output are inherent to the process and do not, by themselves, constitute a defect.
Screen previews are illustrative. They may differ from the physical result because of:
- paper texture and absorbency;
- pen and ink behaviour;
- print and plotter tolerances;
- display calibration; and
- carrier handling after dispatch.
If you believe a delivered order has a genuine defect, contact us promptly with the order number and a short description of the issue.
Delivery and shipping
We dispatch orders to the shipping address or recipient addresses supplied in the order workflow. Delivery windows shown on the Site are estimates only unless we expressly state otherwise in writing.
You are responsible for ensuring that all shipping and recipient information is complete and accurate. We are not responsible for delays, returns, failed delivery attempts, or additional costs caused by incorrect or incomplete address data provided by you.
For consumers, statutory risk-transfer rules apply. For business customers, unless mandatory law provides otherwise, the risk of accidental loss and accidental deterioration passes to you when we hand the shipment to the carrier.
Customer content and mailing data
You retain your rights in the content you submit to us, such as messages, names, addresses, CSV data, and uploaded order materials.
You grant us a non-exclusive licence, limited to the duration and scope necessary to:
- host and process the order;
- format, render, and produce the physical output;
- package and dispatch the order;
- handle support, quality control, refunds, and disputes; and
- maintain backup, audit, and security records as reasonably necessary.
You represent and warrant that:
- you have the right to provide and use the submitted content;
- the content does not infringe third-party rights;
- recipient data has been collected and used lawfully;
- where required, you have a lawful basis to instruct us to send physical mail to the listed recipients; and
- the content does not violate these Terms or applicable law.
If a data-processing agreement is required for a business-customer campaign, it must be agreed separately before the relevant recipient data is processed.
Acceptable use
You may not use the Services to:
- send unlawful, defamatory, threatening, discriminatory, hateful, abusive, or misleading content;
- send content that exploits or harms minors;
- submit recipient data in violation of data-protection, competition, consumer, or direct-marketing law;
- upload malware, malicious code, or material intended to interfere with the Site or our systems;
- probe, scan, scrape, overload, or circumvent the security or rate limits of the Site; or
- use the Services for fraudulent, deceptive, or unauthorised third-party campaigns.
We may suspend or reject orders, accounts, or access where we reasonably believe this section has been breached.
Intellectual property
The Site, our software, branding, page design, text, graphics, and non-customer content are owned by us or licensed to us and are protected by intellectual property laws.
Except as strictly necessary to use the Services in the ordinary course, you may not copy, modify, distribute, reverse engineer, or exploit these materials without our prior written consent.
Feedback
If you send us product feedback, suggestions, or feature requests, you grant us a non-exclusive, worldwide, royalty-free right to use and implement that feedback without compensation or attribution obligation.
Service changes and availability
We may change, suspend, or discontinue features of the Services at any time, including for maintenance, security, legal, operational, or product reasons.
We do not guarantee that the Site will be uninterrupted, error-free, or continuously available.
Liability
Nothing in these Terms limits liability where liability cannot be excluded or limited under mandatory law.
We are liable without limitation for:
- injury to life, body, or health;
- intent and gross negligence;
- claims under the German Product Liability Act; and
- any other case where the law forbids exclusion or limitation.
In cases of slight negligence, we are liable only for breach of an essential contractual obligation (Kardinalpflicht). In that case, liability is limited to the foreseeable damage typical for this type of contract.
To the extent permitted by law, we are not liable for indirect or consequential damages, including lost profit, lost business opportunity, or purely internal data reconstruction costs.
For business customers, any further limitation of liability that is validly agreed under applicable law may be specified in an order-specific or commercial agreement.
Force majeure
We are not liable for delay or failure to perform to the extent caused by events beyond our reasonable control, including carrier disruption, strikes, supply-chain failures, outages, natural events, acts of government, or similar force-majeure events.
Data protection
Our handling of personal data is described in our Privacy Policy. Where separate data-processing terms are required for a business customer use case, those terms must be agreed separately.
Governing law
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer and mandatory consumer-protection rules in your country of habitual residence would apply notwithstanding this choice of law, those mandatory protections remain unaffected.
Venue
If you are a consumer, statutory venue rules apply.
If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is [JURISDICTION_CITY], to the extent permitted by law.
Consumer dispute resolution
[DISPUTE_RESOLUTION_STATEMENT]
The European Commission's Online Dispute Resolution platform was discontinued on 20 July 2025.
Contact
[LEGAL_PROVIDER_NAME]
[LEGAL_STREET_ADDRESS]
[LEGAL_POSTCODE_CITY_COUNTRY]
Email: [LEGAL_EMAIL]