Terms of service
Terms and Conditions (General Terms of Business)
Niko Moosmüller (sole proprietorship) Welserstraße 3, 87463 Dietmannsried, Germany Email: nimoatelier@gmail.com | Phone: +49 15770353595 Last updated: 29.06.2026
Note: This is an English working translation provided for the convenience of our international customers. The legally binding version of these Terms is the German version. In case of any discrepancy, the German version prevails.
§ 1 Scope
(1) These General Terms and Conditions apply to all contracts concluded between Niko Moosmüller (the "Provider") and the customer (the "Customer") via the Provider's online shop.
(2) Deviating terms of the Customer are not recognised unless the Provider has expressly agreed to them in writing.
(3) These Terms apply to both consumers (§ 13 German Civil Code / BGB) and businesses (§ 14 BGB).
§ 2 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order (invitatio ad offerendum).
(2) How an order is placed: To order through our online shop, select your desired product(s) and add them to the cart. Open the cart to review your selection. If you wish to use a voucher, you can enter the code in the next step. You may then either log in with your email and password, create a customer account, or order as a guest. Next, enter your billing and delivery information and choose your preferred payment method. Before completing the order, you will see a summary of your entries. You can review and correct all details (e.g. name, address, payment method, ordered items) at this point. By clicking the "Buy now" button, you place a binding order for the items in your cart.
(3) By placing an order, the Customer makes a binding offer. The contract is concluded only when we accept your order by sending an order confirmation by email, or upon delivery of the goods.
(4) The contract text is stored by the Provider and sent to the Customer by email after the contract is concluded.
(5) Eligibility: Products are sold only to persons who have reached the age of 18 and in normal household quantities. We do not sell to commercial resellers for the purpose of resale.
§ 3 Prices and Payment
(1) Small business regulation (§ 19 German VAT Act / UStG): In accordance with § 19 UStG, no value-added tax (VAT) is charged. Prices are final prices and do not include VAT, and no VAT is shown on invoices.
(2) Additional delivery and shipping costs, as well as any customs or import charges for deliveries outside the EU, are shown separately and are not included in the product price.
(3) The following payment methods are accepted: PayPal, Shopify Payments, Klarna, Google Pay.
(4) In the event of late payment, the Provider is entitled to charge default interest at 5 percentage points above the base rate (§ 288 BGB).
§ 4 Delivery and Shipping
(1) Print-on-demand notice: All physical products are made to order. They are produced individually for each customer after the order is placed. Delivery generally takes place within 7–14 business days after receipt of payment; production and shipping times may vary by product and destination.
(2) Delivery area: worldwide (subject to the regions activated in our shop).
(3) The risk of accidental loss passes to the Customer upon handover of the goods to the Customer.
(4) Partial deliveries are permitted insofar as this is reasonable for the Customer.
§ 5 Right of Withdrawal
(1) General rule: Consumers have the right to withdraw from the contract within fourteen (14) days without giving reasons. The withdrawal period begins on the day on which you or a third party named by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Niko Moosmüller, Welserstraße 3, 87463 Dietmannsried, Germany, email: nimoatelier@gmail.com) by means of a clear statement (e.g. letter or email) of your decision to withdraw.
In the event of withdrawal, we will refund all payments received without undue delay and at the latest within 14 days. The return of the goods is at the consumer's expense, provided the goods are suitable for return.
(2) Exceptions for made-to-order and digital products: The statutory right of withdrawal does not apply to:
- goods that are clearly made to the Customer's individual specification or personalised (for example, prints using the Customer's own uploaded photo or custom text);
- digital content delivered online, once delivery has begun, where the Customer has expressly agreed to immediate delivery before the end of the withdrawal period and has acknowledged that they thereby lose their right of withdrawal (confirmed at checkout).
(3) Important clarification for print-on-demand: Standard catalogue items featuring our own designs (apparel, posters, prints), even though printed on demand, are not automatically excluded from the right of withdrawal. For such items, the general right of withdrawal under (1) applies.
Withdrawal Instructions (formal)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (Niko Moosmüller, Welserstraße 3, 87463 Dietmannsried, Germany, email: nimoatelier@gmail.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct cost 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.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
To: Niko Moosmüller, Welserstraße 3, 87463 Dietmannsried, Germany, email: nimoatelier@gmail.com
— I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
— Ordered on () / received on ()
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only for notification on paper)
— Date
() Delete as appropriate.*
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) The warranty period is 24 months from delivery (§ 438 BGB).
(3) Obvious defects should be reported promptly after discovery.
(4) The Customer may, at their choice, demand repair or replacement (§ 439 BGB).
§ 7 Retention of Title
The goods remain our property until full payment has been received.
§ 8 Liability
(1) The Provider is liable without limitation for intent and gross negligence.
(2) In the case of slight negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract.
(3) The above limitations of liability do not apply to damage resulting from injury to life, body or health, or to claims under the German Product Liability Act.
§ 9 Data Protection
Personal data is processed in accordance with our Privacy Policy and in compliance with the GDPR and the German Federal Data Protection Act (BDSG).
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance is the Provider's registered place of business.
(3) Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.
§ 11 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Niko Moosmüller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.