Effective date: 23 August 2025
These Terms govern your access to and use of https://handwrite.shopofluba.de (the “Site”) and our services for creating and shipping handwritten cards and envelopes (the “Services”).
By using the Site or placing an order, you agree to these Terms and our Privacy Policy. If you don’t agree, don’t use the Services.
Controller / Contracting party
[TO FILL legal entity name] (e.g., “Shop of Luba, [owner name]”)
[TO FILL street, postcode, city, country]
Contact: [TO FILL email]
1) What we do
We let you create personalized cards/envelopes, including uploading recipient addresses (CSV) and message text. We then pen-plot/print and ship.
2) Who can use the Services
- You must be 16+ and legally able to enter contracts.
- If you act for a company, you confirm you’re authorized to bind it.
- Keep your account secure; you’re responsible for activity under it.
3) Orders, pricing, and payment
- An order is accepted when we confirm it (on-screen or by email).
- Prices are shown in EUR and may include/exclude VAT as indicated.
- You authorize us to charge your selected payment method.
- We can refuse/cancel any order (e.g., suspected fraud, unlawful content, stock/fulfilment constraints). If charged, we’ll refund the canceled order.
- Obvious pricing or availability errors are not binding.
Payment providers: [TO FILL e.g., Stripe/PayPal]. We don’t store full card numbers.
4) Personalized goods & cancellations
Most items are made-to-order and personalized. Under § 312g(2) No. 1 BGB, the usual 14-day right of withdrawal for distance selling does not apply to such goods once production starts.
- You may cancel before we begin plotting/printing; after that, cancellations/refunds are generally not possible except where required by law.
- If we cannot fulfill an order, we’ll refund you in full.
5) Shipping & delivery
- We ship via [TO FILL carrier, e.g., Deutsche Post/DHL] to the address you provide.
- Delivery times are estimates, not guarantees.
- For consumers, risk passes on delivery to you (not at dispatch). For business customers, risk passes when we hand items to the carrier.
6) Your content (messages, names, addresses, designs)
You retain ownership of your content. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify (formatting/layout only), and distribute your content solely to produce, package, and deliver your order and to provide support. We do not use your content for marketing unless you give explicit consent.
You’re responsible for:
- Having the right to use the content (no IP infringement).
- Ensuring addresses are accurate.
- Avoiding illegal, hateful, harassing, or otherwise prohibited content (see Acceptable Use).
We may reject or cancel orders that violate these Terms or the law.
7) Acceptable use
Don’t:
- Upload content that is unlawful, defamatory, hateful, threatening, pornographic involving minors, or that incites violence or discrimination.
- Include third-party personal data without permission (e.g., someone’s private info they wouldn’t expect on mail).
- Probe, scan, or test the Site for vulnerabilities; disrupt or overload it; or circumvent security.
- Scrape or harvest data except via clearly provided export functions.
8) Intellectual property
The Site, its design, and our trademarks/logos are owned by or licensed to us. You may view and use the Site to place orders; any other use requires our prior written consent.
9) Feedback
If you give us feedback, you grant us a free, irrevocable license to use it without obligation, including to improve the Services.
10) Third-party services/links
We may use third-party processors (hosting, payments, email, analytics) and link to other sites. We’re not responsible for third-party sites or their policies. See our Privacy Policy for processors.
11) Service changes
We may change, suspend, or discontinue features at any time. Material changes to these Terms will be posted here with a new effective date. Continued use means you accept the changes.
12) Warranty & disclaimers
The Services are provided “as is”. To the extent permitted by law, we disclaim all warranties (merchantability, fitness, non-infringement). This does not affect your mandatory consumer rights.
Color/appearance can vary between screen previews and physical output. Minor variations (ink density, alignment within tolerance, paper texture) are normal for pen plotting/printing and are not defects.
13) Liability
We’re liable without limitation for: (a) injury to life, body, or health; (b) intent and gross negligence; and (c) under the German Product Liability Act.
For slight negligence, we’re liable only for breach of a material contractual duty (Kardinalpflicht); in that case our liability is limited to foreseeable damages typical for this type of contract.
We’re not liable for indirect or consequential losses (e.g., lost profits, data loss) except where mandatory law says otherwise.
For business customers (not consumers), our aggregate liability is capped at the amount you paid us in the 12 months preceding the event giving rise to the claim.
14) IP complaints
If you believe content used in your order infringes rights, contact us: [TO FILL email] with details (work, rights holder, authorization, URLs/order number). We’ll review promptly.
15) Data protection
Our processing of personal data is described in our Privacy Policy (separate document). By using the Services, you acknowledge it.
16) Force majeure
We’re not responsible for delays or failures caused by events beyond our reasonable control (e.g., strikes, outages, epidemics, acts of government, carrier disruptions, extreme weather).
17) Governing law & venue
These Terms are governed by the laws of the Federal Republic of Germany (excluding the UN CISG).
- For consumers, statutory venue rules apply.
- For merchants (Kaufleute), the exclusive venue is [TO FILL e.g., Düsseldorf].
18) Contact
[TO FILL legal entity]
[TO FILL postal address]
Email: [TO FILL contact email]