AGB

Terms and Conditions (AGB) — CalmerJourneys.com

Effective date: 12 Oct 2025

  1. Provider and applicability
  • Provider: Calmer Journeys, Nikki Martinez Voice Arts, Germany.
  • Contact: support@calmerjourneys.com, +[+491745744496].
  • Managing director/owner: Nikki Martinez.
  • These Terms apply to all purchases via our online shop at calmerjourneys.com by consumers (§ 13 BGB) and business customers (§ 14 BGB). Mandatory consumer protections remain unaffected.
  1. Products and custom‑made art prints
  • Our artworks are produced on demand (custom‑made) after order. Product images are examples; minor deviations in color/texture may occur due to materials and displays and do not constitute defects.
  1. Formation of contract (Vertragsschluss)
  • Product listings are non‑binding.
  • You place a binding order by completing checkout in the Shopify cart and clicking “Buy now/Complete purchase.”
  • We confirm receipt by email (order confirmation). The purchase contract is concluded when we accept the order in a separate email (shipping confirmation) or by dispatching the goods.
  • Contract language: German or English, as shown during checkout.
  • We store the contract text but it may not be accessible online after purchase. You can save/print the order overview before submitting.
  1. Prices, taxes, shipping costs
  • Prices are shown in EUR and include statutory VAT where applicable. Final tax calculation is based on the shipping address and current law.
  • Shipping costs and any surcharges are shown at checkout.
  • For deliveries outside the EU, additional duties/taxes/fees may apply upon import; these are borne by the customer.
  1. Payment methods and due date
  • Accepted methods: credit/debit card, PayPal, Shop Pay, Apple Pay, Google Pay, and others as displayed at checkout.
  • Payment is due immediately at order placement. If a payment fails, we may cancel the order.
  1. Production, dispatch, delivery times
  • Production time typically 2–4 business days after payment.
  • Indicative transit times after dispatch:
    • EU: typically 5–9 business days
    • US: typically 7–12 business days
  • Total delivery time = production + shipping. Times can vary due to carrier capacity, holidays, or customs.
  • Partial shipments are permissible if reasonable for you and at no extra cost.
  1. Delivery, transfer of risk, address accuracy
  • For consumers, risk passes upon delivery (§ 446 BGB). For business customers, risk passes upon handover to the carrier.
  • Please ensure correct and complete shipping addresses. Costs caused by incorrect addresses or failed delivery attempts may be charged to you if you are responsible.
  1. Right of withdrawal (Widerrufsrecht) for distance sales
  • Consumers in the EU generally have a 14‑day withdrawal right for distance contracts (§§ 312g, 355 BGB).
  • Exception for custom‑made goods: The right of withdrawal does not apply to goods made to customer specifications or clearly tailored to personal needs (§ 312g(2) No. 1 BGB). Our artworks are produced on demand and are considered custom‑made.
  • This exception does not limit your statutory warranty rights for defective or misdescribed goods.
  1. Returns, cancellations, undeliverable parcels
  • Because items are custom‑made, returns are not accepted except in cases of defect, transport damage, or legal warranty claims.
  • Cancellation requests are possible until production starts; after that, cancellation is excluded.
  • Undeliverable/refused parcels: We can reship to a corrected address upon your request; additional shipping costs are borne by you. Refunds are not possible for custom‑made items solely due to refusal or non‑collection.
  1. Transport damage and defects (damage‑free replacement promise)
  • Please report transport damage or defects promptly, ideally within 7 days of delivery, with photos of the item, packaging, and label.
  • We will replace damaged/faulty items at no additional cost once verified.
  • This promise is in addition to your statutory warranty rights.
  1. Statutory warranty (Gewährleistung)
  • Your legal rights for defects under §§ 434 ff., 437 ff. BGB apply.
  • For consumers, the limitation period is 2 years from delivery.
  • For business customers, claims for defects expire 12 months from delivery; § 377 HGB duty to inspect and notify applies.
  • We do not provide separate commercial guarantees unless explicitly stated with the product.
  1. Audio access and license
  • Purchases may include access to a guided‑audio experience via QR code/link. Personal, non‑transferable listening license for private use only. No redistribution, public performance, or commercial use without permission. All IP rights remain with Calmer Journeys, Nikki Martinez and/or respective rights holders.
  1. Intellectual property and user content
  • All shop content (images, texts, audio) is protected by copyright and related rights.
  • If you provide content (e.g., personalization), you retain rights to your content and grant us the necessary rights to produce and deliver your order. You warrant you have the rights to such content.
  1. Liability
  • For slight negligence, we are liable only for breach of essential contractual duties (cardinal duties); in that case liability is limited to the foreseeable damage typical for the contract.
  • Mandatory consumer rights remain unaffected.
  1. Retention of title (Eigentumsvorbehalt)
  • Goods remain our property until full payment is received.
  1. Dispute resolution and complaints
  1. Governing law and jurisdiction
  • German law applies, excluding the UN Sales Convention.
  • For consumers with habitual residence in the EU/EEA, mandatory consumer protections of their country of residence continue to apply.
  • Jurisdiction: For business customers, exclusive venue is Dresden, Germany. For consumers, legal venues apply at your place of residence or Dresden, as provided by law.
  1. Data protection
  • We process personal data in accordance with our Privacy Policy (Datenschutzerklärung) available on our website. Shopify and payment providers process data as independent controllers or processors as applicable.
  1. Force majeure
  • We are not liable for delays or impossibility due to events beyond our reasonable control (e.g., strikes, natural events, pandemics, customs delays). We will inform you without undue delay and adjust timelines accordingly.
  1. Changes to these Terms
  • We may amend these Terms prospectively. The version valid at the time of your order applies to that order.