TERMS & CONDITIONS

TAKARA Studio GbR
Last updated November 2025

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Place of Jurisdiction
Notes on Vintage One-Offs and Bio-Based Materials

1) Scope of Application

1.1 These Terms and Conditions (“T&Cs”) of TAKARA Studio GbR (the “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (the “Customer”) concludes with the Seller via the Seller’s online shop. Any terms and conditions of the Customer that conflict with or deviate from these T&Cs shall not apply unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade or self-employed professional activity.

2) Conclusion of Contract

2.1 The products displayed in the online shop do not constitute a binding offer but an invitation for the Customer to submit an offer.

2.2 The Customer submits a binding offer for the goods contained in the shopping cart by completing the order process via the order form integrated in the shop.

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

– by sending an order confirmation by e-mail,

– by delivering the goods, or

– by requesting payment immediately after the order is placed.

The contract is concluded at the time the first of the above alternatives occurs.

2.5 The contract text is stored by the Seller and sent to the Customer by e-mail after completion of the order.

2.6 Before submitting the order, the Customer can review and correct inputs (e.g. using the browser zoom function and the steps provided in the order process).

2.7 The contract language is German.

2.8 Order processing and communication generally take place by e-mail and automated processing. The Customer must ensure that the e-mail address provided is correct and that e-mails from the Seller can be received.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Details are set out in the Seller’s Cancellation Policy in the shop.

3.3 Custom-made/personalised goods: No right of withdrawal exists for goods that are not prefabricated and for whose manufacture an individual selection/decision by the consumer is decisive or which are clearly tailored to the consumer’s personal needs (Section 312g(2) No. 1 BGB).

4) Prices and Terms of Payment

4.1 Prices: All prices are final prices; pursuant to Section 19 of the German VAT Act (UStG) no VAT is shown. Any shipping costs are displayed at checkout.

4.2 The payment methods available are shown to the Customer in the online shop.

4.3 Advance payment by bank transfer: Payment is due immediately after conclusion of the contract unless otherwise agreed.

4.4 Processing is carried out via the respective payment service provider in accordance with its terms. The provider may carry out credit checks and refuse certain payment methods.

5) Delivery and Shipping Conditions

5.1 Delivery is made to the delivery address specified by the Customer. The address indicated during checkout is decisive for processing.

5.2 Delivery area: European Union (EU).

5.3 If delivery fails for reasons attributable to the Customer (e.g. incorrect address, parcel not collected), the Customer bears the reasonable additional costs incurred.

5.4 Self-collection is not possible for logistical reasons.

6) Retention of Title

The delivered goods remain the property of the Seller until payment has been made in full.

7) Liability for Defects (Warranty)

7.1 Statutory defect liability rights apply.

7.2 Vintage / used goods: For items designated as used, the limitation period for defect claims is one year from delivery—provided the Customer is a consumer. This shortening does not apply to claims for damages resulting from injury to life, body or health, or in cases of intent or gross negligence.

7.3 Business customers: The duty to examine and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) applies.

8) Applicable Law

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its seat in Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract. The same applies to foreign entrepreneurs, provided the contract can be attributed to the Customer’s professional/commercial activity. The Seller is, however, entitled in all cases to bring an action at the Customer’s general place of jurisdiction.

10) Notes on Vintage One-Offs and Bio-Based Materials

10.1 Vintage one-of-a-kind items may show patina/signs of use; the item description and photos are decisive. Such characteristics do not constitute a defect insofar as they are described/recognisable.

10.2 Modern pots & vases made from bio-based materials may exhibit slight colour/texture deviations between batches. Manufacturing tolerances within the permissible range do not constitute a defect.

10.3 Our products are—unless otherwise stated—intended for indoor use. Damage caused by improper use (e.g. prolonged UV/weather exposure) does not constitute a defect.

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