terms & conditions

general information

Prozeller Annabel & Prozeller Moritz GbR operates this online shop selling clothing items.

by placing an order through our website, you agree to these terms and conditions.

contract language

the language available for the conclusion of the contract is english. all contractual information as well as these terms and conditions are provided in english.

products and manufacturing

all products displayed on our website are manufactured on demand after ordering.

the actual items delivered will vary from the images shown on our website due to the nature of our artistic, handcrafted production process.

each product is individually created and may have unique variations, textures, colors, and finishes that differ from the displayed images.

these variations are an intentional and essential part of our artistic and avant-garde approach to clothing design.

we strive to represent our products as accurately as possible, but please understand that:

colors may appear differently depending on your display settings
textures and fabric behavior cannot be fully represented in photographs
each piece is handcrafted and therefore contains unique characteristics
intentional aging, wear effects, and color variations are part of our artistic expression

by ordering from us, you acknowledge and accept these inherent variations as part of the artistic quality of our products.

pricing and payment

all prices shown include shipping costs. as we operate under the small business exemption (Kleinunternehmerregelung), we do not charge VAT on our products.

according to §19 UStG, we do not disclose VAT separately on invoices and no VAT can be claimed.

production and delivery times

due to our made-to-order production process, each item is individually crafted after your order is placed. while we cannot provide binding delivery times, we typically aim to complete and ship orders within 2-4 weeks after order confirmation. you will receive a notification once your order has been shipped. this timeframe is an estimate and not a guaranteed delivery date.

special product characteristics

our clothing embraces an artistic, avant-garde approach that may include intentional aging and transformation processes. some items may continue to change appearance over time as part of their intended aesthetic quality. these special characteristics will be noted in the product descriptions where applicable.

we specifically disclaim liability for certain fastening mechanisms that may wear or break with normal use, and for fabrics that may transfer color. these qualities are often intentional aspects of our artistic vision and craftsmanship, and are clearly indicated in the product descriptions.

statutory warranty

despite the artistic nature of our products, you are entitled to the statutory warranty rights of 2 years from delivery for all products purchased.

however, please note that this warranty does not cover:

intentional design elements that are clearly described in the product descriptions (such as distressing, color transfer, or aging effects)
normal wear and tear appropriate to the product
damage resulting from improper use or care
changes in the product that occur over time as part of its intended artistic evolution

within the first six months after delivery, we assume that any defect was already present at the time of delivery unless we can prove otherwise.

after six months, you may need to demonstrate that a defect was present at the time of delivery.

this statutory warranty does not restrict your right of withdrawal as described below.

right of withdrawal

you have the right to withdraw from this contract within 14 days without giving any reason. in addition, we voluntarily extend this withdrawal period to a total of 28 days (4 weeks) after delivery.

to exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). you may use the attached model withdrawal form, but it is not obligatory.

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, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. we will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such 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 to our address without undue delay and in any event not later than 14 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 14 days has expired.

you will have to bear the direct cost of returning the goods. we do not cover return shipping costs.

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 want to withdraw from the contract, please fill out this form and send it back to us)

to: Prozeller Annabel & Prozeller Moritz GbR

Junkertalstraße 8a 98701 Wildenspring Germany

email: info@prozeller.eu

I hereby give notice that I withdraw from my contract of sale of the following goods:

ordered on/received on:

name of consumer:

address of consumer:

date:

exceptions to the right of withdrawal

the right of withdrawal may not apply to goods that are made to the consumer's specifications or are clearly personalized, in accordance with EU directive on consumer rights. we will clearly indicate in the product description if an item falls under this exception.

limited liability

we shall not be liable for damages caused by normal wear and tear, improper handling, or the natural aging processes that are inherent to our artistically designed clothing. this includes but is not limited to color changes, natural wear of fastening elements, and other transformative qualities that may be part of the intentional design aesthetic.

however, this limitation does not affect your statutory rights regarding product conformity and defects. we remain fully liable for damages resulting from injury to life, body or health, in cases of intent or gross negligence, and under the product liability act.

alternative dispute resolution

information regarding online dispute resolution

the European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.

dispute resolution statement

we are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board. we strive to resolve any disputes directly with our customers in a fair and amicable manner.

legal jurisdiction

these terms and conditions are governed by the laws of Germany. for consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by provisions that cannot be derogated from by agreement by virtue of the law of the country of the consumer's habitual residence.

for merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

data protection

we process your personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR).

for more information about how we collect, use, and protect your data, please refer to our privacy policy on our website.

if you have any questions regarding data protection, please contact us at info@prozeller.eu

severability clause

should individual provisions of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. the invalid or unenforceable provision shall be replaced by the statutory provisions.

final provisions

verbal side agreements do not exist. amendments and supplements to this contract must be made in writing to be effective.

this also applies to the cancellation or amendment of this written form requirement.