Terms of service



General Terms and Conditions with Customer Information

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of 13PM Creative Agency e.U. (hereinafter referred to as "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods and/or services presented by the Seller in their online shop. Deviating terms and conditions of the Customer are not accepted unless expressly agreed otherwise.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise specified.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its trade, business, or profession when concluding a legal transaction.

2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the items in the shopping cart by clicking the button to complete the order.

2.3 The Seller may accept the Customer’s offer within five days by:

  • Sending a written order confirmation or an order confirmation in text form (e.g., by email), whereby the receipt of the confirmation by the Customer is decisive;

  • Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive; or

  • Requesting payment from the Customer after placing the order.

If multiple of the above alternatives occur, the contract is concluded at the moment one of the alternatives occurs first. The acceptance period begins on the day after the Customer sends the offer and ends on the fifth day following. If the Seller does not accept the Customer’s offer within this period, the offer is deemed rejected, and the Customer is no longer bound by their offer.

2.4 When selecting a payment method offered by PayPal, the payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal payment method, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button to complete the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller and sent to the Customer along with these GTC in text form (e.g., by email) after the order is placed. The contract text is also archived on the Seller’s website and can be accessed by the Customer through their password-protected customer account, provided the Customer created an account before submitting the order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognizing input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button to complete the order process.

2.7 Order processing and contact typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that no SPAM filters block emails from the Seller or third parties involved in the order processing.

3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.

3.2 More detailed information about the right of withdrawal is provided in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not citizens of a European Union member state and whose sole residence and delivery address are located outside the European Union.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices that include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and must be borne by the Customer. These include, for example, fees for money transfers by banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise concerning money transfers if the delivery does not occur to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The Customer can choose from various payment methods specified in the Seller’s online shop.

4.4 If prepayment has been agreed, the payment is due immediately after the contract is concluded.

4.5 If the payment method "SOFORT" is selected, the payment is processed through the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). To pay via "SOFORT," the Customer must have an activated online banking account with PIN/TAN procedure, verify their identity during the payment process, and confirm the payment instruction to "SOFORT." The payment is processed immediately, and the Customer's bank account is debited. Additional information about the payment method "SOFORT" can be found at https://www.klarna.com/sofort/.

4.6 If payment via "Shopify Payments" is selected, the payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are displayed to the Customer in the Seller's online shop. Stripe may use additional payment services, for which special terms and conditions may apply. Further information about "Shopify Payments" can be found at https://www.shopify.com/legal/terms-payments-de.

4.7 For the payment method "credit card," the payment is due immediately upon the conclusion of the contract. The credit card payment is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, authorized by the Seller to collect payments in their name. PAYONE GmbH debits the credit card account of the Customer. The Seller remains responsible for general inquiries regarding orders, returns, and refunds.

5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out to the delivery address specified by the Customer unless otherwise agreed. The address provided by the Customer during the order process is decisive. When paying with PayPal, the delivery address stored in the PayPal account at the time of payment applies.

5.2 If the delivery of the goods fails due to reasons the Customer is responsible for, the Customer bears the costs for the unsuccessful delivery. This does not apply if the Customer was temporarily unable to accept the delivery due to unforeseen circumstances, provided that the Seller had not informed them of the delivery within a reasonable time. The Customer's statutory right of withdrawal remains unaffected.

5.3 Self-collection of goods is not possible for logistical reasons.

5.4 Vouchers will be delivered to the Customer as follows:

  • By email
  • By download

6) Retention of Title
If the Seller provides advance delivery, they retain ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for Defects (Warranty)
7.1 Unless otherwise stated, statutory defect liability laws apply.

7.2 For contracts with entrepreneurs:

  • The Seller may choose the type of subsequent performance.
  • The limitation period for defect claims is one year from delivery for new goods.
  • For used goods, defect claims are excluded.
  • The limitation period does not restart when a replacement is provided.

7.3 The aforementioned limitations and shortened periods do not apply:

  • To damages or reimbursement claims from the Customer;
  • If the Seller has fraudulently concealed a defect;
  • For goods used for a building in accordance with their normal use that caused the building's defect;
  • For obligations of the Seller to provide updates for digital elements in goods.

7.4 If the contract is a business transaction for both parties, the Customer has the duty to inspect and notify defects according to § 377 UGB (Austrian Commercial Code). If this obligation is not fulfilled, the goods are deemed approved.

7.5 For consumers, visible transport damages should be reported to the carrier and the Seller promptly. This does not affect statutory or contractual defect claims.

8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified promotional period.

8.2 Individual products may be excluded from the promotion if such a restriction is stated on the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is insufficient to cover the order, the difference can be paid using one of the other payment methods offered by the Seller.

8.7 The credit balance of a Promotional Voucher will not be paid out in cash or earn interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for wholly or partially with the Promotional Voucher as part of their statutory right of withdrawal.

8.9 Promotional Vouchers are transferable. The Seller may, with discharging effect, deliver to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation of the respective holder.

9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased in the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated on the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining balances are credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.4 Only one Gift Voucher can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods, not for the purchase of additional Gift Vouchers.

9.6 If the value of the Gift Voucher is insufficient to cover the order, the difference can be paid using one of the other payment methods offered by the Seller.

9.7 The credit balance of a Gift Voucher will not be paid out in cash or earn interest.

9.8 Gift Vouchers are transferable. The Seller may, with discharging effect, deliver to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation of the respective holder.

9.9 If the Customer returns goods paid for wholly or partially with a Gift Voucher, the refunded amount will be reissued as a Gift Voucher. If an unused purchased Gift Voucher is returned as part of the statutory right of withdrawal, the purchase price will be refunded to the Customer.

10) Applicable Law
10.1 All legal relationships between the parties are governed by the laws of the Republic of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state where the consumer has their habitual residence.

10.2 This choice of law does not apply regarding the statutory right of withdrawal to consumers who, at the time of the contract's conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the contract's conclusion.

11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution (ODR) available at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

11.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.