These General Terms and Conditions of Sale and Use (hereinafter: GTC) apply to the use of the website www.tinystories.nl and all contracts concluded via our online shop between you as our customer and us, tinystories, Tiny de Vries, Box A1333, Keurenplein 41, 1069CD Amsterdam, The Netherlands, KvK number (trade register number) 75249618 ("tinystories"). The GTC apply irrespective of whether you are a consumer (as defined in §5 below), entrepreneur or merchant.

The version of the GTC valid at the time of conclusion of the contract is decisive. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object.

• 1- USE OF THE WEBSITE

(1) By using the tinystories website (the "Website"), you accept these GTC without limitation or qualification. You may use the tinystories Website and its services only if you comply with all applicable laws and these GTC. If you do not agree to these GTC, you may not use the Website.

(2) We make no express or implied warranties or guarantees as to the timeliness, accuracy, quality, completeness or existence of the content and information published on the Website. This shall not affect obligations to remove or block the use of content or the use of information in accordance with general laws.

(3) The Website may contain third party content or links to other websites. We have no control over such websites and you visit any third party websites at your own risk. Links from our Website to other websites are provided for your information only. If we become aware of any infringements of the law on websites linked to our Website, we will remove these links immediately.

• 2- CONCLUSION OF CONTRACT

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) In submitting an order via the online shop by clicking on the button "order now", you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revocation, if any, remains unaffected.

(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.

(4) A contract is only concluded when we expressly declare to accept your order or by delivering the ordered items.

(5) Deliveries within the European Union are free of charge when the minimum order value is met. The minimum order value and the rates for deliveries below the minimum order value and to third countries outside the EU can be found in the price information on our website. Prices and shipping costs are also displayed in the order form before you submit the order.

(6) If the delivery of the item ordered by you is not possible, for example because the corresponding item is not in stock, we will refrain from accepting your order. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

• 3- PRESENTATION OF ITEMS

The information in our online shop about the items offered (condition, dimensions, colour, etc.) is as accurate as possible, but is non-binding. Depictions and photos are for illustration purposes only. Only the content of the respective item description is authoritative. Minor and reasonable deviations are expressly reserved.

• 4- TINY+ - TINYSTORIES SUBSCRIPTIONS (INSTALMENT DELIVERY CONTRACT)

(1) If you subscribe to tiny+, a contract for the regular delivery of goods is only concluded when we accept your order.

(2) The subscriptions each consist of a delivery of art prints and frames in the number and size specified in the online shop. The selection of the frames and art prints to be sent in the subscription is made by us. The customer does not have the right to choose. The shipment takes place on a quarterly basis.

(3) The price of the respective subscription including VAT and any applicable shipping costs can be found in the price information on the website and is also displayed in the order form before you submit the order.

(4) We offer two different subscription models:We offer two different subscription models:

Annual Subscription:

• Term 1 year
• After expiry: automatic renewal for an indefinite period with a notice period of one (1) month, unless the contract is terminated in advance by you or us in text form with a notice period of one (1) month to the end of the contract.
• Price (plus shipping costs, if applicable) due in full for 1 year in advance at the beginning of the year.

Flex Subscription:

• Term unlimited
• Cancellation possible at any time by you or us in text form with a notice period of 14 days to the end of the quarter.
• Price (plus shipping costs, if applicable) for 1 quarter due in advance at the beginning of each quarter

(5) We have the right to terminate the subscription if you are in default, even partially, with two consecutive payments and the default amounts to at least one full instalment. The right to extraordinary termination remains unaffected by this.

(6) Your right of revocation (§5) remains unaffected by the existing termination options. Please note that in the event of a revocation, you or the recipient designated by you must return the items to us without delay (at the latest within 14 days of declaring the revocation). As a rule, a refund can only be made once we have received the items back or you have provided proof that the items have been returned by you or the recipient designated by you. Further details are governed by §5 of these GTC.

• 5- RIGHT OF REVOCATION

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of revocation in accordance with the statutory provisions

(2) If you, as a consumer, make use of your right of revocation in accordance with para. (1), you shall bear the regular costs of the return shipment.

(3) In all other respects, the right of revocation shall be governed by the provisions which are set out in detail in the following:

- Revocation Notice -

Right of revocation

You have the right to revoke this contract within 14 days without giving any reasons.

The period of revocation is 14 days from the day,

• on which you, or a third party designated by you (but who is not the carrier), took possession of the last item
• (in case of a subscription) on which you, or a third party designated by you (but who is not the carrier), took possession of the first item

To exercise your right of revocation, you must contact us at tinystories, Box A1333, Keurenplein 41, 1069CD Amsterdam, The Netherlands, info@tinystories.nl, +49 30 325 12 4260,

[NOTE: Please note that our returns center is located in Germany. Do not use this address for returns! Please send an email to info@tinystories.nl to receive your return instructions]

by sending us an unequivocal declaration (e.g. a letter sent by post, or an e-mail). If you wish, you may use the attached revocation form, but there is no requirement to do so. You will be deemed to have complied with the revocation period if you send your notice of revocation before such period expires. 

Consequences of revocation

If you revoke this contract, we are required to refund all payments we received from you, including delivery costs (except any additional costs incurred as a result of you choosing a delivery method other than the lowest-cost standard delivery offered by us), without undue delay and at least within 14 days from the day on which we received your notice of revocation of this contract. Refunds will be processed using the same method of payment which you used for the original transaction, unless expressly agreed otherwise with you. We may hold off completing your refund until we have received the items back, or you have supplied us with proof that you have returned the items, whichever occurs earlier.

You are obliged to return or hand over all items to us without undue delay, but at least within 14 days from the day on which you gave us your notice of revocation of this contract. The above requirement is deemed satisfied if you return the goods before expiry of the 14-day period.

You shall bear the direct costs of returning the goods.

You are only obliged to cover any depreciation in the value of items if the depreciation is attributable to your improper handling of the items when examining its condition, properties and function.

Revocation Form

(If you wish to revoke the contract, please complete this form and return it to us)

tinystories, Box A1333, Keurenplein 41, 1069CD Amsterdam, The Netherlands, info@tinystories.nl, +49 30 325 12 4260,

[NOTE: Please note that our returns center is located in Germany. Do not use this address for returns! Please send an email to info@tinystories.nl to receive your return instructions]

I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following items(*)/:

— ordered on (*)/received on (*)

— name of customer(s)

— address of customer(s)

— date

(*) Delete where applicable

- End of notice-

(4) The right of revocation does not apply to the following contracts:

• Contracts for the delivery of goods that are made to customer specifications or are clearly personalised.
• Contracts for the delivery of goods that can spoil quickly or expire quickly.
• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
• Contracts for the delivery of goods that are inseparably mixed with other objects after delivery due to their nature.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which have been unsealed after delivery.
• Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations in the price market which cannot be controlled by the trader.
• Contracts for the supply of a newspaper, periodical or magazine other than subscription contracts for the supply of such publications
• 6 - TERMS OF DELIVERY

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in § 2 para. 3 - with the conclusion of the contract.

• 7- PRICES AND SHIPPING COST

(1) All prices in our online shop are gross prices including the statutory value-added tax and do not include any shipping costs.

(2) The shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit the order.

(3) If we fulfil your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contract in accordance with § 3, you may, under the statutory conditions, demand reimbursement of any costs already paid for shipment to you (costs of delivery).

• 8- VOUCHERS

(1) We offer the possibility to purchase gift vouchers. Gift vouchers can only be redeemed for the purchase of goods on www.tinystories.nl, but not for the purchase of further gift vouchers. If the balance of a gift voucher is not sufficient for the order, the difference can be made up using the payment options offered.

(2) Gift vouchers and credits can only be redeemed before the order process is completed. The balance of a gift voucher is neither paid out in cash nor does it earn interest.

(3) If the use of vouchers violates the respective voucher conditions, we reserve the right to revoke the voucher and not to grant the respective discount.

• 9- TERMS OF PAYMENT AND SET-OFF AND RIGHT OF RETENTION

(1) The purchase price and shipping costs must be paid in advance. You can pay the purchase price (and shipping costs, if applicable) at your choice by credit card, ShopPay, GooglePay via PayPal or give us a direct debit authorisation. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Please note that we usually only accept payments from accounts within the European Union (EU). Any costs of a transaction are to be borne by you.

(2) If a tiny+ subscription has been concluded (§4), you grant us a direct debit authorisation to debit your specified means of payment for the following deliveries. As a rule, we will automatically arrange for your account to be debited 1 week before the next delivery is dispatched. The direct debit authorisation granted is valid until revoked by you.

(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

• 10- RETENTION OF TITLE

The delivered items remains our property until the purchase price has been paid in full.

• 11- WARRANTY

We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

• 12- LIABILITY

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - insofar as not otherwise regulated in para. (3) - in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. (3).

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

• 13- COPYRIGHT

(1) We have copyright or licensing rights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

(2) With the purchase of a work with content from our online shop, you only acquire the property in rem of this work. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making available to the public or other analogue or digital exploitation is not permitted unless expressly permitted by law. However, you may resell a purchased work privately.

• 14- FINAL PROVISIONS

(1) The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your usual place of residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

(2) English, French and German can be selected as the contract language. The order text is not stored by us. It can no longer be retrieved after the order process has been completed. You can print out your order data immediately after submitting the order.

(3) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Berlin, Germany. Otherwise, the applicable statutory provisions shall apply for local and international jurisdiction.

(4)  Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We will endeavour to resolve any disputes arising from our contract with the customer amicably. Beyond that, we are not obliged to participate in a dispute resolution procedure and cannot offer our customers participation in such a procedure.