GENERAL TERMS AND CONDITIONS (GTC)

for the online shop "butwhy-penguin"

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1. Provider and Scope

(1) These General Terms and Conditions (GTC) apply to all orders placed by consumers via the online shop "butwhy-penguin".

(2) The provider and contractual partner is:

Simon Lieske
Sole trader
trading as "butwhy-penguin"
Based in: Germany
Email: contact@butwhy-penguin.com
(Further mandatory information: see Legal Notice)

(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for private purposes.

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2. Conclusion of Contract

(1) The product listings in the online shop do not constitute a legally binding offer, but rather a non-binding invitation to place an order.

(2) By clicking the order button ("Buy now"), the customer submits a binding offer to purchase the items in the shopping cart.

(3) The purchase contract is concluded by:

• explicit order confirmation by email, or

• dispatch of the goods.

(4) Order processing is handled via Shopify. Production and shipping are carried out by the fulfillment service provider Printful. The sole contractual partner remains butwhy-penguin.

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3. Prices and Tax Notice (Small Business)

(1) All prices are final prices in euros or the currency displayed at the time.

(2) In accordance with § 19 UStG, no VAT is charged and therefore not shown (small business regulation).

(3) Shipping costs are shown separately during the checkout process.

(4) For deliveries to non-EU countries (e.g. USA, Canada), additional customs duties, import charges or taxes may apply. These are to be borne by the customer.

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4. Payment

(1) Payment is made via the payment methods available in the shop.

(2) The charge is made immediately upon completion of the order.

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5. Delivery and Transfer of Risk

(1) Delivery is made to the address provided by the customer.

(2) Stated delivery times are indicative.

(3) For consumers, the risk of accidental loss passes to the customer only upon delivery of the goods.

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6. Custom-Made Products (Print-on-Demand)

(1) Products are manufactured individually only after the order is placed.

(2) For personalised or custom-made products, there is no right of withdrawal in accordance with § 312g para. 2 no. 1 BGB.

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7. Right of Withdrawal

Consumers habitually resident in the European Union are entitled to a statutory right of withdrawal.

Details are set out in the separate withdrawal policy [LINK].

Note: The right of withdrawal does not apply to consumers residing outside the EU, unless mandatory consumer protection law in their country provides otherwise.

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8. Warranty

The statutory warranty rights under German law apply.

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9. Liability

(1) We are liable without limitation for:

• intent and gross negligence

• damages arising from injury to life, body or health

• claims under the Product Liability Act

(2) In cases of slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract.

(3) Any further liability is excluded.

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10. Copyright

All designs, texts, graphics and content in the shop are protected by copyright.

Use without express written consent is not permitted.

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11. Online Dispute Resolution (EU only)

The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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12. Applicable Law

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) For consumers habitually resident in another country, this choice of law applies only to the extent that it does not restrict mandatory consumer protection provisions of that country.

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13. Final Provisions

Should any provision of these GTC be wholly or partially invalid, the validity of the remaining provisions shall not be affected.