Terms and conditions
Terms and Conditions & Cancellation Policy
1. All our offers are subject to change and non-binding.
2. Removing the signature on the products from creative hell leads to the expiration of all guarantee and warranty claims. Images, models and drawings are protected by copyright and remain our property. Anyone who replicates creative hell products, circulates counterfeit products or sells them under a different name is punishable by law.
3. Orders placed and orders require our confirmation to be legally effective. A cancellation of orders placed or orders after their receipt and confirmation by us is excluded or justifies a claim for damages in the amount of 30% of the agreed price.
4. Force majeure, strikes and disasters, operational disruptions, material defects or traffic defects release us from all obligations.
5. Changes to motor vehicles that take part in public road traffic must be recorded in the vehicle documents. Failure to comply may invalidate the operating license. Any non-approval of the goods by the authorities does not entitle the buyer to withdraw and does not oblige the seller to make any claims for damages.
6. Disclaimer for possible consequential damage. The buyer bears the risk if he improperly installs creative hell products manufactured by us, uses them improperly or uses them without the consent of the vehicle manufacturer and there is damage of any kind to people, the environment or the product.
7. Pads or benches with attachments using suction cups are not permitted in the area of public road traffic.
8. Damage of any kind due to improper installation of the SPIRIT LEATHER products on the vehicle cannot be claimed. Brackets or screws must be taped if necessary. There are no objections to pressure marks or scratches due to the seat lying on the seat.
9. In the case of one-off and custom-made products, the completion and delivery time can take up to one month, depending on the effort involved. It should be taken into account that tolerances in the mm range are possible, since it is real manual work.
Terms of sale, delivery and payment of these terms and conditions apply to all sales and deliveries, i.e. to all orders and delivery of goods, when ordering by buyer by telephone, fax, email or letter. Verbal agreements and deviations are only valid with written confirmation. The conditions are considered accepted at the latest when the delivery is accepted or the service begins.
The delivery takes place under the reservation that we ourselves are delivered on time and correctly. Compensation is excluded. We are entitled to make partial deliveries and combine several orders to the same address.
Delivery, shipping costs, transfer of risk
Delivery is made at the shipping costs shown in each individual case. All risks and dangers of the shipment pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner and the customer is an entrepreneur.
Warranty and liability
creative hell guarantees that the goods have an agreed quality at the time of delivery or are free from material defects.
The customer must check the goods for completeness, defects and transport damage immediately after receipt of the delivery and report them to us at the latest within two weeks of delivery. If the notification is not made in time, the goods are considered approved.
The colors are only approximate. Slight deviations in color due to different dyeing and tanning processes of the leather hides are possible and cannot be objected to. When reordering certain types of leather, color differences have to be accepted. Exotic leathers such as ostrich, stingray, snake or suede etc. are not weatherproof without aftertreatment. Scarring and mast folds on the dermis are completely natural and testify to its authenticity, they can not be objected to.
The warranty period is 2 years for new goods, 1 year for used goods. The guarantee begins with the receipt of the goods. Reduced goods are excluded from the guarantee and exchange.
In the event of a defect, you have the legal right to supplementary performance and, if the legal requirements are met, further claims to reduction, withdrawal, compensation or replacement. The supplementary performance can be refused if it is only possible with disproportionately high costs. Withdrawal is excluded if the defect is minor and insignificant.
A prerequisite for the warranty claims of the customer is that the defect has not arisen from improper use or overuse or that the goods have not been used and maintained in accordance with our recommendations and the defect has arisen as a result.
If a defect shows up later than 6 months after the goods have been handed over, the customer has the burden of proof that the thing was defective at the transfer of risk.
Right of Withdrawal
creative hell grants the statutory right of withdrawal for consumers, i.e. natural persons, who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Contract work, one-off productions or special productions are excluded.
Please note that a right of cancellation according to the legal provisions (e.g. according to § 312 d paragraph 4 BGB) does not exist, among other things, for distance contracts for the delivery of goods that are made according to customer specifications or are clearly tailored to personal needs.
Right of withdrawal
Right of withdrawal.
You can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) or by returning the item. The period begins at the earliest with receipt of the goods and detailed cancellation instructions in text form. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to:
Kaltensondheimer Strasse 6
Phone (+49) 172 40 29 150
Consequences of withdrawal
In the event of an effective cancellation, the services received on both sides must be returned and any benefits (e.g. interest) drawn up must be surrendered. If you cannot return the received performance to us in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply if the deterioration is solely due to its examination – as you would have been able to do in a shop, for example. You can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that affects their value.
Returns of goods will only be accepted if they are returned free and the return is agreed with us. We will invoice you for the reprocessing costs, at least 15% of the value of the goods. If the goods are taken back, a credit note is issued that is valid for up to 12 months.
We charge a processing fee of 10% of the purchase value for the return of ordered goods that are not the fault of our company or the required paperwork for processing.
You have to bear the costs of the return if the delivered goods correspond to the ordered ones and if the price of the thing to be returned does not exceed an amount of 40.00 Euro or if you have not received the consideration in the case of a higher price of the thing at the time of the revocation or have made a contractually agreed installment. Otherwise, the return is free for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods and for us with their receipt.
Our offers are non-committal and non-binding. The prices include VAT plus shipping costs and possibly cash on delivery fee.
In the parcel area there are 6 euros packaging costs. Larger pieces on request.
Terms of payment and default of acceptance
Our invoices are payable in advance or cash on delivery. If the goods are not accepted by cash on delivery, we will calculate them and issue an invoice separately. If the invoice is not settled within 10 days, the buyer is in default without the need for a reminder. From day 11, we are entitled to charge reminder costs and default interest (3% above the respective discount rate of the Bundesbank). As soon as the invoice has been paid, the goods will be dispatched.
Fulfillment and jurisdiction
The customer confirms with his signature, by online confirmation, as well as by placing an order, the acceptance of our general terms and conditions and declares that he has read and understood them.
All goods remain in the possession of creative hell until full payment has been made.