Terms and Conditions
This English version is a convenience translation. Only the German version (AGB) is legally binding.
Last updated: [DATUM]
§ 1 Scope and contracting party
(1) These General Terms and Conditions apply to all contracts concluded at a distance via the website ha-ceramics.com, by email or otherwise, between
Héloïse Aslanidis, HA Ceramics Studio
[STRASSE HAUSNUMMER], [PLZ ORT], Germany
Email: ha-ceramics@gmail.com, phone: [TELEFON]
(hereinafter "we" or "us")
and our customers (hereinafter "you"). They cover the purchase of ceramics (Part A), participation in workshops (Part B) and commissions (Part C).
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).
(3) Deviating terms of customers do not apply unless we expressly agree to them.
Part A: Buying ceramics in the online shop
§ 2 Conclusion of the contract
(1) The presentation of our pieces in the online shop is not a legally binding offer but an invitation to place an order. Many of our pieces are unique; they are available only once.
(2) The ordering process works as follows:
- You add the pieces you want to the cart.
- In the cart you can change quantities or remove pieces, then proceed to checkout.
- You enter your contact details, billing and delivery address, and choose the destination country.
- You choose a payment method.
- A summary page shows all your details, the pieces ordered, and the total price including shipping costs and VAT where applicable. Here you can check your entries and correct them using the "Change" or "Back" buttons and the usual functions of your browser.
- By clicking the button "zahlungspflichtig bestellen" ("order with obligation to pay") you submit a binding offer to buy the pieces in your cart.
(3) When the contract is concluded depends on the payment method:
- Payment via Stripe (credit card, Apple Pay, Google Pay, PayPal, Klarna, SEPA Direct Debit): after clicking "order with obligation to pay" you are redirected to Stripe's payment page. The contract is concluded as soon as you successfully complete payment there. We then confirm the conclusion of the contract by email.
- Prepayment (bank transfer): the contract is concluded when we confirm your order by email (order confirmation with bank details). We usually send this email immediately after your order.
(4) If you cancel the payment at Stripe or it fails, no contract is concluded. The pieces are then released again for other customers after a short time.
§ 3 Contract language and storage of the contract text
(1) The contract languages are German and English. The German version of these terms is authoritative; the English version is for your information only.
(2) We store the contract text (your order data and these terms). As there are no customer accounts, you cannot access the contract text online after placing your order. However, with the confirmation email you receive your order data, these terms, the withdrawal policy and the model withdrawal form. You can also view, print or save these terms on this page at any time.
§ 4 Prices and shipping costs
(1) All prices are final prices in euros. As a small business owner within the meaning of § 19 UStG (German VAT Act), we do not charge VAT and therefore do not show it.
(2) Shipping costs are charged in addition to the prices. They depend on the destination country and weight and are shown in the cart and on the summary page before you place your order. Details: Shipping & Payment.
(3) No customs duties apply to deliveries to other EU countries.
§ 5 Payment
(1) You can pay using the payment methods shown during checkout. These are payments via our payment service provider Stripe (depending on availability: credit card, Apple Pay, Google Pay, PayPal, Klarna and SEPA Direct Debit) and prepayment by bank transfer. How each method works is explained under Shipping & Payment.
(2) For payments via Stripe, the amount is due when the order is completed and is collected by the respective payment service. For Klarna or other providers with deferred payment, their terms apply in addition.
(3) For prepayment, the total amount must be transferred to the account stated in the order confirmation within [7] days of receiving it. We reserve the ordered pieces for you during this time. We ship the goods once payment has been received. If payment is not received within this period, we will remind you by email; if you still do not pay, we may withdraw from the contract and offer the pieces again. In that case we refund any partial payments in full.
§ 6 Delivery
(1) We deliver to Germany and to the member states of the European Union. Collection from the studio is currently not possible.
(2) Unless stated otherwise for a piece, delivery takes [3 to 5] working days within Germany and [5 to 10] working days to other EU countries. For payment via Stripe, the period starts on the day after the contract is concluded; for prepayment, on the day after payment is received. If the last day falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(3) If an ordered unique piece cannot be delivered despite the reservation (for example because it was damaged in the studio), we will inform you without delay and refund any payments already made without delay.
(4) For consumers, the risk of accidental loss and accidental deterioration of the goods passes to you only upon handover of the goods.
§ 7 Retention of title
The goods remain our property until paid in full.
§ 8 Transport damage
(1) Ceramics are fragile. We pack each piece carefully to protect it from breakage. If goods arrive with obvious transport damage, please report it to the delivery person immediately if possible and notify us as soon as possible, ideally with photos of the goods and the packaging.
(2) If you do not do this, it has no consequences whatsoever for your statutory rights, in particular your warranty rights. The request only helps us assert our own claims against the shipping company or insurer.
§ 9 Warranty and characteristics of handmade ceramics
(1) The statutory warranty rights apply.
(2) Our pieces are thrown, built, glazed and fired by hand. Slight differences in shape, size, weight, colour and glaze flow, small irregularities in the surface, glaze drips, fine inclusions or crazing in the glaze (where described for the piece) are part of the character of handmade ceramics. They result from the making process and are not defects. Colours may also look slightly different on screens. The description and photos of each piece are decisive for its characteristics.
(3) Notes on use and care (for example food safety, suitability for dishwasher, microwave or oven, frost resistance) are given for each piece. Please follow them.
(4) We do not give any additional guarantee unless expressly stated for a piece.
Part B: Workshops
§ 10 Booking workshops
(1) Our workshops take place on fixed dates in our studio at the address stated in the description. Scope, duration, number of participants, price and included materials are set out in the respective workshop description.
(2) Online booking: For workshops with online booking, you choose the date and number of seats and complete the booking with the button "zahlungspflichtig buchen" ("book with obligation to pay"). § 2 (3) and (4) and § 5 apply accordingly to conclusion of the contract and payment. Seats are only reserved bindingly once the contract has been concluded.
(3) Request: For workshops that can only be booked on request, your request via the form is not yet a binding offer. We will reply by email with an offer and payment information. The contract is concluded when you accept the offer (for example by email or by paying).
(4) Unless stated otherwise, the workshop fee includes instruction, clay, glazes, use of tools and firing of [ANZAHL] pieces per person. You can usually collect the fired pieces from the studio after about [4 to 6] weeks; shipping is possible if you pay the shipping costs.
§ 11 No right of withdrawal for workshops
There is no statutory right of withdrawal for contracts for services related to leisure activities booked for a specific date or period (§ 312g (2) no. 9 BGB). This applies to our workshops with a fixed date. Instead, the following rebooking and cancellation rules apply.
§ 12 Rebooking and cancellation by you
(1) Up to [14] days before the workshop date you may rebook once free of charge to another date of the same or an equivalent workshop, if seats are available. Alternatively, you may cancel up to that point; we will then refund the price [in full / minus a handling fee of [X] EUR].
(2) If you cancel later than [14] days before the date or do not attend, the price generally remains payable. However, we will deduct expenses saved (for example unused material). If we can give your seat to someone else, we will refund the price [minus a handling fee of [X] EUR]. You remain entitled to prove that we incurred no loss or a lower loss.
(3) You may name a substitute participant at any time at no extra cost.
(4) Please send rebookings and cancellations by email to ha-ceramics@gmail.com.
§ 13 Cancellation or changes by us
(1) If the minimum number of participants stated in the description is not reached, we may cancel the workshop up to [5] days before the date. If we have to cancel a workshop for an important reason beyond our control (for example illness of the instructor), we will inform you as early as possible.
(2) In both cases you can choose between rebooking to another date free of charge and a full refund. Further claims due to the cancellation exist only within the scope of § 17 (Liability).
§ 14 Conduct and safety
(1) Please follow our instructions when working with clay, tools, glazes and kilns. Only we operate the kiln.
(2) Participation is possible from the age of [MINDESTALTER]; minors under [ALTER] only when accompanied by a parent or guardian.
(3) Pieces made in workshops are learning pieces. We cannot accept responsibility for cracks or deformation during drying or firing that result from the participants' work.
Part C: Commissions
§ 15 How commissions work
(1) You can describe your wishes for a custom-made piece using our request form. Your request is non-binding. We send you an offer in text form (for example by email) with a description, price, estimated completion time and shipping costs. The contract is concluded when you accept this offer in text form.
(2) We may request a deposit of [50] % of the price, due after conclusion of the contract. We start work once the deposit has been received. The balance is due before shipping.
(3) Completion times are estimates unless we expressly promise a fixed date. Drying and firing can only be planned to a limited extent.
(4) Handmade ceramics are not industrial products. The characteristics described in § 9 (2) apply to commissions to a particular degree: shape, colour and glaze may differ from sketches, samples or reference images. We will implement the agreed essential features (for example type of piece, approximate size, colour direction).
(5) If a piece breaks during firing, we will make it again at no extra cost. If remaking it is not possible, or not possible within a reasonable time, you may withdraw from the contract; we will then refund all payments in full.
§ 16 No right of withdrawal for commissions
There is no statutory right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to personal needs (§ 312g (2) no. 1 BGB). This applies to our commissions. Your statutory warranty rights remain unaffected.
Part D: General provisions
§ 17 Liability
(1) We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
(2) In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
(3) Paragraphs (1) and (2) also apply in favour of persons for whom we are responsible. Your statutory warranty rights remain unaffected.
§ 18 Right of withdrawal
Consumers have a statutory right of withdrawal when buying goods in the online shop. Details are set out in our withdrawal policy. For workshops and commissions see §§ 11 and 16.
§ 19 Dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
§ 20 Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer with your habitual residence in another country, this choice of law applies only insofar as it does not deprive you of the protection afforded by the mandatory provisions of the law of that country.