Standard Business Terms & Customer Information

1.1 The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Cutglass-Halloween Gore Store GmbH) via the www.horror-shop.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

1.2 A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity. All products are sold only in household quantities. This restriction refers both to the number of products ordered within the scope of one order and to the total number of products ordered when placing several orders for the same product.

The contract is concluded with Cutglass-Halloween Gore Store GmbH.

Cutglass-Halloween Gore Store GmbH
Gewerbestr. 15
85652 Landsham
Germany

Telephone: +49 (0) 89 / 632 033 89
Telefax: +49 (0) 89 / 638 924 03
eMail: service@horror-shop.com

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr. We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.

3.1 The subject-matter of the contract is the selling of products.

3.2 The goods presented in our online store represent a non-binding invitation to you to order goods in the online store. With your order of goods you make a binding offer to conclude a purchase contract.

3.3 You can select products from our range and collect them in a virtual shopping cart by clicking the "Add to cart" button. By clicking the button "Checkout" you will get to an overview page, which offers you the options to place a guest order, create a new user account or log in to your existing user account. On the following pages in the order process you first enter your address information and then select a payment method & shipping method. Finally, on the confirmation page, click the "Buy now" button to make a binding offer to purchase the products in your shopping cart. Until you click on the "Buy Now" button, you can cancel the order at any time or change the information provided by changing the quantities in the shopping cart or deleting them.

3.3 After we have received your order, we will immediately send you an automatic order confirmation by e-mail. This order confirmation does not constitute an acceptance of your offer. When the contract with us is concluded depends on the payment method you have chosen:

Klarna purchase on account (Pay Later), Klarna installment purchase (Financing), Klarna direct debit (Pay Now), Klarna credit card (Pay Now), Amazon Pay, credit card: We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Prepayment: We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details.

PayPal, PayPal Express: In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we ask PayPal to initiate the payment transaction and thereby accept your offer.

Klarna SOFORT Überweisung (Pay Now):After placing the order you will be redirected to the website of the online provider SOFORT Überweisung, where you confirm the payment instruction to SOFORT Überweisung. Thereby the contract with us comes into effect.

4.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

4.2 The shipping costs incurred are not included in the purchase price. They can be called up in our shipping information or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally.

4.3 If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

4.4 The delivery conditions, the delivery date and any existing delivery restrictions can be found in our shipping information or in the respective offer.

4.5 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment is at your risk.

5.1 You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

5.2 The goods remain our property until the purchase price is paid in full.

5.3 If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly- formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

6.1 The following methods of payment are available to you:

• Credit Card
• Prepayment (Only Germany & Austria)
• Paypal
• Amazon Pay
• Klarna Pay Later (Only in D, AT & UK)
• Klarna Financing (Only in D, AT & UK)
• Klarna Direct Debit (Pay Now) (Only in D, AT & UK)
• Klarna Instant Bank Transfer (Pay Now) (Only in D, AT & UK)
• Klarna Credit Card (Pay Now) (Only in D, AT & UK)

If the goods ordered by you by express shipping (only within Germany possible), you can only Amazon Pay, credit card or Paypal.

6.2 Due Date

• When paying in advance (bank transfer), you must transfer the invoice amount within 7 days after the conclusion of the contract to the following account:
  
  Cutglass-Halloween Gore Store GmbH
  HypoVereinsbank München
  IBAN: DE97 7002 0270 0015 2756 04
  BIC: HYVEDEMMXXX
   
• If you pay by credit card or Amazon Pay, your account will be charged when the order is shipped.
• When paying with Paypal you will be redirected directly from the order process to the payment pages of the payment company and make the payment here directly.

Payment via Klarna:
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

• Invoice (Pay Later): the payment term is 30 days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The full invoice terms for the countries where this payment method is available can be found here: Deutschland, Österreich, UK.
• Financing: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the terms specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on installment purchasing, including terms and conditions and standard European consumer credit information for the countries where this payment method is available, click here (available only in the countries indicated): Deutschland, Österreich, UK.
• Instant Bank Transfer (Pay Now): Available in Germany. Your account will be debited immediately after the order is placed. Direct Debit: Debit will be made after the goods have been shipped. You will be informed about the time by e-mail. Credit card (Visa/M astercard): Available in Germany. The debit will be made after the shipment of the goods or tickets / availability of the service or in case of a subscription according to the communicated times.

The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.

You can find more information about Klarna here. You can find the Klarna app here

(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)

7.1 Revocation right

You have the right to revoke this contract within 14 days without specifying any reasons. The revocation period is 14 days with effect from the day,

- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;

- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;

To exercise your right of withdrawal, you must inform us Cutglass-Halloween Gore Store GmbH, Gewerbestr. 15, 85652 Landsham, Germany, Tel: +49-89-632 033 89, eMail: kundenservice@horror-shop.com by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.

7.2 Consequences of the revocation

If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us

Cutglass-Halloween Gore Store GmbH
c/o VDS Fulfillment
Horror Shop - RETOURE
Siemensstraße 14
37412 Herzberg am Harz
Germany

immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.

You bear the direct costs for returning the products. You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.

7.3 Criteria for exclusion or expiry

The revocation right is not available for contracts

- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The revocation right expires prematurely in case of contracts

- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.

End of revocation right

9.1 The statutory warranty rights are applicable.

9.2 As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

9.3 If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

5.3 If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:

- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.

The Cutglass-Halloween Gore Store GmbH saves the order data entered by you and sends you an order confirmation by e-mail with all order data. You also have the option of printing out your order before sending it.

§11 Information on battery disposal

In connection with the sale of batteries or the delivery of devices that may contain batteries, we are obliged to inform you of the following: You are legally obliged to return used batteries as the end user. You can either return used batteries that we carry or have carried in our range as new batteries to us or return them free of charge in the immediate vicinity (e.g. to retailers or municipal collection points or to our dispatch warehouse). The return of batteries to sales outlets is limited to the quantities customary for end users and to those spent batteries that the distributor carries or has carried in its product range as new batteries. The symbols on the batteries have the following meaning:

The symbol of the crossed-out dustbin means that the battery must not be placed in the household waste.
Pb = Battery contains more than 0.004% lead by mass.
Cd = battery contains more than 0.002 mass percent cadmium.
Hg = battery contains more than 0.0005 mass percent mercury.

§12 Codes of conduct

We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: >https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

§13 Final provisions

13.1 The contractual language is English.

13.2 German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favourability principle).

13.3 The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

13.4 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

13.5 Should any provision of these General Terms and Conditions of Delivery and Payment be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the General Terms and Conditions of Delivery and Payment.