AGB
OVERVIEW
Welcome to Pistachio Studio (“Pistachio Studio”, “we”, “us”, “our”).
Pistachio Studio operates this website and online store (the “Services”), including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to offer the Services. Shopify is a technical service provider and is not a party to purchase contracts between you and Pistachio Studio.
These Terms & Conditions (“Terms”) together with any policies referenced herein (including our Privacy Policy, Return & Refund Policy, Shipping Policy, and Withdrawal/Cancellation Policy where applicable) describe your rights and responsibilities when using the Services.
By visiting, accessing, browsing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
SECTION 1 – DEFINITIONS
“Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB).
“Business customer/Entrepreneur” means a natural or legal person or partnership acting in the exercise of their trade, business, or profession (§ 14 BGB).
SECTION 2 – ACCESS AND ACCOUNT
You must be at least 18 years old (or the age of legal majority in your country of residence) to use the Services.
When placing an order or creating an account, you may be required to provide information such as your name, email address, billing/shipping address, and payment details. You agree that the information you provide is accurate, complete, and up to date and that you are legally entitled to provide it.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree not to:
• transfer or sell your account
• share login credentials
• use another person’s account without permission
We may suspend or terminate accounts where there is reasonable suspicion of fraud, misuse, or violations of these Terms.
SECTION 3 – OUR PRODUCTS
We strive to ensure product descriptions, images, and details are accurate and up to date. However, colors and appearance may vary depending on device settings. Such variations do not constitute a defect.
Minor variations in packaging or design details may occur due to manufacturing batches or logistics handling and do not affect the product’s intended use.
The scope of delivery is determined exclusively by the description on the respective product page. Decorative items shown in images are not included unless explicitly stated.
Nothing in this section limits or excludes your statutory consumer rights, including your legal warranty rights under applicable law.
We reserve the right to change product offerings, descriptions, prices, or availability at any time and to discontinue products or limit quantities where reasonably necessary.
SECTION 4 – ORDERS AND CONTRACT CONCLUSION
By placing an order, you submit a binding offer to purchase the selected products from Pistachio Studio. We may accept or decline your order for legitimate reasons, including but not limited to:
• product availability
• obvious errors in product information or pricing
• suspected fraud or unauthorized transactions
• shipping or logistics limitations
A purchase contract is concluded only when we expressly accept your order by sending a shipping confirmation (dispatch confirmation) or by delivering the goods, whichever occurs first.
Payment
Payment must be successfully completed and verified before an order is processed or shipped. We may delay or cancel an order if payment authorization fails or fraud checks are triggered.
Order Changes or Cancellations
Once processing has started, changes or cancellations may not be possible. If you need help, contact us immediately at support@pistachioshop.de. We will make reasonable efforts to assist where possible.
Statutory Right of Withdrawal (EU/EEA Consumers)
If you are a consumer in the EU/EEA, you have a statutory right of withdrawal. Details are provided in our Withdrawal/Cancellation Policy (Widerrufsbelehrung), available here: https://pistachioshop.de/policies/refund-policy
SECTION 5 – PRICES, VAT (KLEINUNTERNEHMER), AND BILLING
All prices are displayed in Euro (€).
Kleinunternehmerregelung (§ 19 UStG): We operate as a small business within the meaning of § 19 UStG. Therefore, no VAT (Umsatzsteuer) is charged and VAT is not shown on invoices.
Shipping costs are not included in the product price and will be shown during checkout before you complete your order.
Prices, discounts, and promotions may change at any time. The price charged is the price shown at checkout at the time the order is placed.
If an obvious pricing error occurs, we may cancel the affected order. If payment has already been made, we will refund the amount without undue delay.
You agree to provide accurate and current purchase and account information and to promptly update your information as needed.
By placing an order, you confirm:
(i) you are authorized to use the selected payment method,
(ii) your payment details are accurate,
(iii) you agree to pay all charges including shipping costs.
Payments are processed securely through our authorized payment providers.
SECTION 6 – SHIPPING AND DELIVERY
Estimated delivery times displayed on the website or at checkout are non-binding estimates unless expressly agreed otherwise.
Unless otherwise stated:
• Delivery within Germany typically takes approx. 3–10 business days after processing.
• Delivery to other European countries may vary by destination.
Delays may occur due to circumstances beyond our reasonable control (e.g., carrier delays, weather, strikes, force majeure). This does not affect your statutory rights.
Partial Deliveries
If an order includes multiple items, deliveries may be split into separate shipments. No additional shipping costs will be charged for partial deliveries.
Risk of Loss (Consumers)
For consumers, the risk of loss or damage transfers only upon delivery to you or a person authorized by you.
Undeliverable Packages
If a package is returned due to an incorrect address provided by the customer, failed delivery attempts, or refusal of acceptance, we may charge the additional costs for re-delivery or deduct return/shipping costs from any refund where legally permitted.
Lost or Delayed Shipments
If your order has not arrived within a reasonable time after the estimated window, contact support@pistachioshop.de and we will initiate a carrier investigation.
SECTION 7 – RETENTION OF TITLE (EIGENTUMSVORBEHALT)
Goods remain our property until full payment has been received.
SECTION 8 – INTELLECTUAL PROPERTY
All content and materials available through the Services (including trademarks, brand names, logos, text, product descriptions, images, graphics, videos, reviews, design, and layout) are owned by or licensed to Pistachio Studio and are protected by applicable intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal and non-commercial purposes only.
You may not, without our prior written consent:
• reproduce, distribute, or republish content
• modify or create derivative works
• copy product listings for commercial use
• use our media for resale or redistribution
User-Generated Content
If you submit content (e.g., reviews, images), you grant us a non-exclusive, royalty-free, worldwide license to use and display such content for business and marketing purposes. You confirm you have the rights to share it.
SECTION 9 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to third-party tools (e.g., payment providers, shipping services, review platforms, marketing integrations). These are provided “as is” and “as available”.
We do not control third-party tools and are not responsible for their content, availability, or performance. Your use of such tools is at your own risk and subject to the third party’s terms and privacy policies.
Nothing here limits liability where such limitation is prohibited by law (including intent, gross negligence, or injury to life, body, or health).
SECTION 10 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or resources. We are not responsible for third-party content, policies, or practices. Accessing third-party links is at your own risk.
Any transactions or data sharing with third parties are governed solely by the third party’s terms and privacy policies.
SECTION 11 – PRIVACY
Your use of the Services is subject to our Privacy Policy: https://pistachioshop.de/policies/privacy-policy
Please review it to understand how personal data is collected and processed.
SECTION 12 – FEEDBACK
If you submit feedback, reviews, suggestions, or other content, you grant us a worldwide, royalty-free license to use it for operating and improving the Services and for marketing purposes, to the extent permitted by law.
You confirm you have the rights to submit the content and that it is not unlawful or misleading.
SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS
We may correct errors, inaccuracies, or omissions (including product descriptions, pricing, promotions, shipping information, and availability) at any time.
If an obvious technical or pricing error affects an order, we may cancel the order and refund payments made.
Your statutory consumer rights remain unaffected.
SECTION 14 – PROHIBITED USES
You may use the Services only for lawful purposes. You must not use the Services to:
• violate laws or regulations
• infringe intellectual property rights
• harass or harm others
• submit false or misleading information
• distribute malware or harmful code
• scrape or access the Services using unauthorized automated tools
We may suspend or terminate access for violations, acting reasonably and in compliance with applicable law.
SECTION 15 – TERMINATION
We may suspend or terminate your access if you breach these Terms, violate laws, or engage in fraud or harmful behavior.
You may stop using the Services at any time. Termination does not affect rights or obligations that arose before termination.
SECTION 16 – WARRANTY AND STATUTORY RIGHTS (GEWÄHRLEISTUNG)
Consumers have statutory warranty rights. These rights are not limited or excluded by these Terms.
Any additional warranties apply only if expressly stated on the product page or in writing.
SECTION 17 – LIMITATION OF LIABILITY
We are liable without limitation for intent and gross negligence, and for injury to life, body, or health.
For slight negligence, we are liable only for breach of essential contractual obligations (cardinal duties), limited to foreseeable damages typical for the contract.
Mandatory liability under the Product Liability Act remains unaffected.
Any further liability is excluded to the extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify us against claims by third parties arising from your unlawful use of the Services or your violation of these Terms, to the extent you are responsible for the violation.
We will inform you of claims without undue delay, and you will reasonably cooperate in defense.
SECTION 19 – SEVERABILITY
If any provision is invalid or unenforceable, the remaining provisions remain effective. Mandatory consumer protection laws remain unaffected.
SECTION 20 – ENTIRE AGREEMENT
These Terms and referenced policies form the entire agreement regarding your use of the Services, replacing prior agreements on the same subject. Mandatory statutory rights remain unaffected.
SECTION 21 – ASSIGNMENT
You may not assign your rights or obligations without our prior written consent.
We may assign these Terms to an affiliate or successor as part of a business transfer, provided this does not reduce your statutory consumer rights.
SECTION 22 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer in the EU, you also benefit from mandatory consumer protection provisions of your country of residence.
For business customers, the place of jurisdiction is our registered place of business to the extent permitted by law.
SECTION 23 – DISPUTE RESOLUTION (VSBG)
We are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).
Note: The European Commission’s Online Dispute Resolution (ODR) platform has been discontinued.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms where necessary to reflect legal, technical, or operational changes.
If changes materially affect your rights, we will provide reasonable notice. Continued use after the effective date means you accept the updated Terms to the extent permitted by law.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at:
support@pistachioshop.de
Pistachio Studio
Fuhlsbüttler straße 297
22307, hamburg
Germany
Email: support@pistachioshop.de
Website: https://pistachioshop.de
Business Registration: Einzelunternehmen