Terms of service

GENERAL TERMS AND CONDITIONS

§ 1 SCOPE OF APPLICATION, APPLICABLE LAW

(1) These General Terms and Conditions exclusively apply to the business relationship between Within Mood (L/DB STUDIO GmbH) and the customer.

(2) Other terms and conditions shall not apply, even if we do not expressly object to them in individual cases, unless we have given our explicit written consent.

(3) German law applies to these terms and to the entire legal relationship between the parties, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

§ 2 CONCLUSION OF CONTRACT

(1) The presentation of Within Mood products in the online shop does not constitute a legally binding offer.

(2) By clicking the corresponding button ("order with obligation to pay", "buy", "purchase now", "pay", "pay now" or similar), you submit a binding offer to purchase the items in your cart. You are bound by this offer for two weeks. Your statutory right of withdrawal under § 3 remains unaffected.

(3) Order confirmation is sent automatically via email but does not yet constitute acceptance of your offer unless expressly stated. The contract is only concluded when we explicitly accept your offer or ship the ordered goods.

§ 3 RIGHT OF WITHDRAWAL

(1) If you are a consumer (a natural person making the purchase primarily for personal purposes), you have a statutory right of withdrawal.

(2) We provide the following legally required withdrawal instructions:

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day you or a third party named by you (who is not the carrier) takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Within Mood, c/o L/DB STUDIO GmbH, Christophstraße 30, 50670 Cologne, Germany, email: mood@withinmood.com) via a clear statement (e.g. letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, though this is not required.

To meet the withdrawal deadline, it is sufficient that you send your notification before the withdrawal period expires.

CONSEQUENCES OF WITHDRAWAL

If you withdraw from this contract, we will refund all payments received from you, excluding delivery charges, without undue delay and at the latest within 14 business days after we receive and inspect the returned goods. We will use the same payment method you used for the original transaction unless expressly agreed otherwise. Under no circumstances will you be charged fees for this refund. We may withhold the refund until we have received the returned goods or you have provided proof of return, whichever occurs first.

You must return the goods to us without undue delay and in any case no later than fourteen (14) days from the day you inform us of your withdrawal. The deadline is met if you send the goods before the period has expired. You bear the direct costs of returning the goods. 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.

§ 4 PRICES, PAYMENT, DUE DATE

(1) All prices in our online shop within the EU are gross prices including statutory VAT. For orders outside the EU, net prices are displayed. Deliveries to addresses outside the EU may be subject to import duties and taxes payable upon delivery.

(2) Shipping costs are displayed during the order process and are included in the final order summary before checkout.

(3) Payments can be made via instant bank transfer, credit card, PayPal, Amazon Payments, Apple Pay, or Google Pay.

(4) Invoices will be sent to the email address provided during the order process.

§ 5 DELIVERY

(1) Delivery is made from Within Mood’s warehouse to the delivery address specified by you.

(2) Deliveries within Germany typically take 2–4 working days unless otherwise agreed or stated.

(3) For deliveries within Europe, the estimated delivery time is 5–7 working days. Deliveries outside Europe depend on the shipping method and destination. Additional conditions may be listed in our online shop.

(4) For deliveries to Switzerland, the purchase contract is concluded with MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). They handle customs, billing, and delivery. This service is included in the purchase price and any applicable shipping fees. We also note that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is part of the supply chain. No extra charges apply for this.

(5) If we are unable to deliver the ordered goods due to reasons beyond our control (e.g. our supplier fails to fulfill obligations), we are entitled to withdraw from the contract. In this case, you will be informed immediately and any payments refunded without delay.

(6) Your other statutory rights remain unaffected.

§ 6 RETENTION OF TITLE

(1) The goods remain the property of L/DB STUDIO GmbH until full payment is received.

§ 7 LIABILITY FOR DEFECTS

(1) Unless stated otherwise, our liability is limited to intent and gross negligence.

(2) We are not liable for slightly negligent breaches unless they involve injury to life, body, health, or essential contractual obligations. Liability for breach of such obligations enabling contract fulfillment and which you may regularly rely on remains unaffected.

(3) Exclusions and limitations do not apply in cases of fraudulent intent, guaranteed features, or claims under product liability law, or injury to life, body, or health.

(4) If our liability is excluded or limited, this also applies to our employees, agents, and representatives.

(5) In case of a claim for supplementary performance, we will fulfill this through replacement delivery only.

§ 8 MISCELLANEOUS

(1) To the extent permitted by law, the exclusive place of jurisdiction is Cologne, Germany. However, we may also bring claims at your place of residence.

(2) Assignment of claims against us is only permitted with our prior written consent.

(3) Offsetting is only permitted if your counterclaims are undisputed, legally established, or acknowledged by us.

(4) A right of retention is only permissible if your counterclaim is based on the same contractual relationship.

(5) Legal declarations and notices after contract conclusion must be made in writing to be valid.

(6) If any provision of these terms and conditions is or becomes invalid or incomplete, the remaining provisions remain unaffected. A legally valid replacement shall be applied in accordance with the purpose and intent of the original clause.

(7) Changes and amendments to these terms or the contractual relationship must be in writing. This also applies to the waiver of the written form requirement.