Terms of service
1. Scope
1.1 These Terms and Conditions (T&Cs) apply to all contracts concluded between consumers or businesses and FRIDAY BIRD UG (haftungsbeschränkt) (hereinafter “FRIDAY BIRD”, “we”, “us” or “our”) for the purchase of goods offered in our online store.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 A business is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
2. Conclusion of the Contract
2.1 The presentation of goods in our online store does not constitute a legally binding offer but an invitation to submit an order.
2.2 By submitting an order through our online store, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
2.3 The purchase contract is concluded when we accept the customer's order by sending an order confirmation by email, dispatching the goods, or requesting payment from the customer. The contract is concluded at the point in time when one of these events occurs first.
2.4 After placing an order, the customer receives an order confirmation by email. The order details are stored by us and made available to the customer with the order confirmation or other contractual documentation.
2.5 The languages available for placing an order are indicated in our online store.
3. Prices and Payment
3.1 The prices shown on the product pages are total prices and include statutory VAT, where applicable. Any additional shipping costs are shown separately in the online store.
3.2 The payment methods available are displayed during the checkout process.
3.3 Payments may be processed through Shopify Payments, PayPal, or other payment service providers indicated during checkout. The respective terms and conditions of the payment service providers may also apply.
4. Delivery and Shipping
4.1 We deliver to the addresses and within the delivery areas specified in our online store.
4.2 The applicable delivery times and shipping costs are indicated on the respective product page or during the checkout process.
4.3 If an ordered item is unexpectedly unavailable for reasons beyond our control and we are unable to obtain the item despite careful planning, we will inform the customer without undue delay. Any payments already made will be refunded without undue delay.
4.4 For consumers, the risk of accidental loss or accidental damage to the goods generally passes to the customer only when the goods are handed over to the customer or to a person authorized by the customer to receive them.
5. Right of Withdrawal
Consumers generally have a statutory right of withdrawal. The details are set out in the Right of Withdrawal Notice below.
6. Retention of Title
The goods remain our property until full payment has been received.
7. Liability for Defects
7.1 The statutory provisions on liability for defects apply.
7.2 In the case of artworks, originals, prints and other artistic works, individual characteristics, craftsmanship and minor variations resulting from the respective production technique or the properties of the materials do not generally constitute a defect, provided that they correspond to the product description or to the customary characteristics of the respective artwork.
7.3 In contracts with businesses, the statutory provisions apply subject to the specific statutory provisions applicable to businesses.
8. Liability
8.1 We shall be fully liable for damages arising from injury to life, body or health, as well as for damages caused intentionally or by gross negligence.
8.2 In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for the contract.
8.3 To the extent permitted by law, we shall not be liable for other breaches of duty caused by slight negligence.
8.4 The above limitations of liability do not apply where mandatory statutory liability provisions provide otherwise.
9. Gift Vouchers
9.1 FRIDAY BIRD offers gift vouchers in both digital and physical form.
9.2 Gift vouchers can be redeemed against purchases in the FRIDAY BIRD online store. They may be used to pay for the full or partial purchase price.
9.3 Any remaining balance may be used for subsequent orders until the voucher has been fully redeemed.
9.4 There is no minimum order value for redeeming a gift voucher.
9.5 Gift vouchers have no fixed expiry date.
9.6 Gift vouchers cannot be paid out in cash and do not accrue interest.
9.7 Gift vouchers are transferable. We may discharge our obligation by accepting the voucher from the person who redeems it in our online store, unless we are aware that this person is not entitled to redeem the voucher.
10. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between FRIDAY BIRD and the customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
11. Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the courts of Berlin shall have jurisdiction over all disputes arising from contractual relationships with FRIDAY BIRD.
For consumers, the statutory rules on jurisdiction apply.
12. Consumer Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Right of Withdrawal Notice
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, acquire physical possession of the goods.
If you have ordered several goods as part of a single order and these goods are delivered separately, the withdrawal period begins on the day on which you, or a third party designated by you who is not the carrier, acquire physical possession of the last goods.
To exercise your right of withdrawal, you must inform us:
FRIDAY BIRD UG (haftungsbeschränkt)
Kluckstr. 23 A
10785 Berlin
Germany
Email: hello@fridaybird.com
Phone: +49 155 60283926
of your decision to withdraw from this contract by means of a clear statement, for example by email or letter.
You may use the model withdrawal form below, but this is not mandatory.
You may also exercise your right of withdrawal electronically through your customer account. To do so, log in at https://account.fridaybird.com and use the withdrawal function provided for your order.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the original transaction, unless we have expressly agreed otherwise with you. You will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
If you wish to withdraw from the contract, you may complete and return this form to:
FRIDAY BIRD UG (haftungsbeschränkt)
Kluckstr. 23 A
10785 Berlin
Germany
Email: hello@fridaybird.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ():
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.