Terms of service
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General terms and conditions
with cancellation policy
for the online shop of Beautiful Company GmbH
(as of 07/2025)
1. Scope of application, consumers, entrepreneurs
1.1 These terms and conditions apply to customers who order products from our online store. Unless otherwise stated, they apply to consumers as well as to entrepreneurs.
1.2 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
1.3 If you are an entrepreneur, the following applies: These terms and conditions apply exclusively to all deliveries and services, including future deliveries and services. Any of your terms and conditions that differ from or are in addition to these terms and conditions will not become part of the contract unless we expressly agree to them. In this case, they will only apply to the respective individual contract. Individual agreements always take precedence.
2. Conclusion of contract
2.1 The presentation of products in our online shop is not a legally binding offer, but a non-binding online catalog.
2.2 You can put the selected goods in the “shopping cart”. On the “shopping cart” page, we will guide you through the ordering process. You can change and correct your entries by clicking on the corresponding buttons until the order is completed.
2.3 By clicking the button “order with obligation to pay” you are placing a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute an acceptance of the contract. The contract is only concluded when we declare our acceptance, which we do in a separate e-mail (dispatch confirmation) or by handing over the goods to you.
2.4 Conclusion of the contract is subject to the reservation that our suppliers deliver to us. This does not apply if we are responsible for the non-delivery, in particular if we have not concluded a congruent hedging transaction. We will inform you immediately if the goods are unavailable and will immediately refund any payment already made.
2.5 You can view these General Terms and Conditions at any time at https://shop.nostalgic-art.de/en/policies/terms-of-service, save them as a PDF and print them out. You can print out the data of your order as an “order confirmation” as part of the ordering process. We will send you the text of the contract, consisting of the data of your order and these General Terms and Conditions, with the order confirmation by e-mail or enclose it with the delivery of the goods as a paper printout. We also store the text of the contract with the same content on our system.
2.6 Beautiful Company GmbH is the contractual partner. Nostalgic-Art Merchandising GmbH acts only as a fulfillment and logistics service provider.
3. Delivery
3.1 If you are a business, the risk shall pass to you as soon as we have delivered the goods to the freight forwarder, carrier or other person designated to carry out the shipment.
3.2 We only deliver to the countries listed in the dispatch overview. Customers from other member states of the European Union without a delivery address in one of the aforementioned countries have the option of picking up the ordered products at our address in Berlin (Am Borsigturm 156, 13507 Berlin, Germany) at their own expense or having them picked up.
3.3 Unless otherwise stated for the respective product, the delivery time is 3 to 5 working days.
3.4 We are entitled to make partial deliveries and provide partial services if this appears to be beneficial for prompt processing and is reasonable for the customer. Any additional costs incurred by partial deliveries will not be charged.
4. Prices, shipping costs
4.1 The prices at the time of the order apply. All prices include the applicable statutory sales tax and exclude shipping costs.
4.2 Our current shipping costs can be found in the shipping overview.
4.3 Insofar as prices depend on the weight of the goods, the weight determined by us shall be used as a basis; during transport to you and during intermediate storage, there may be a natural reduction in weight.
5. Payment, invoice
5.1 The possible means of payment are listed at the beginning of the ordering process.
5.2 We may send the invoice to you on paper and/or electronically (e.g. as a PDF document by email), unless otherwise agreed.
6. Reservation of title
6.1 The goods remain our property until full payment has been received.
6.2 If you are a business, the following also applies:
6.2.1 We retain ownership of our goods until full payment of all claims, including future claims, arising from the entire business relationship, including all ancillary claims and until the redemption of bills of exchange and checks that have been submitted (“reserved goods”). In the case of a current account, the reserved ownership serves as security for the balance claim.
6.2.2 If you act in breach of contract, in particular if you default on payment, we may demand the surrender of the goods subject to retention of title that are our property; we are entitled to take these. If we take back the goods subject to retention of title, this shall constitute a withdrawal from the contract. After taking back the reserved goods, we are entitled to sell them. The proceeds of the sale shall be credited to your liabilities, less reasonable costs of sale.
6.2.3 You are permitted to resell the reserved goods in the ordinary course of your business. You hereby assign to us all claims against your customers arising from the resale; we hereby accept the assignment. You remain authorized to collect the claims assigned to us. Our authority to collect the claim ourselves remains unaffected. However, we agree not to collect the claim as long as you meet your payment obligations, are not in default of payment and, in particular, have not filed for bankruptcy or ceased payments. If any of the above should occur, however, you must immediately provide us with a list of the assigned claims, including the address of the customer and the amount of the claim. At our request, you shall notify the customer of the assignment and provide us with the information and necessary documents required to assert our rights.
6.2.4 Extraordinary dispositions, such as pledging and transfer of ownership by way of security, are not permitted. You must notify us immediately in writing of any third-party access to the reserved goods or to a claim assigned to us, in particular attachments. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, you shall be liable for the loss incurred.
6.2.5 We agree to release the securities to which we are entitled at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%; the choice of the securities to be released is at our discretion. The release shall be effected by transfer of ownership or reassignment.
7. Defects
7.1 In the event of defects, you have the statutory rights.
7.2 If you are an entrepreneur, the following also applies:
7.2.1 You must inspect the delivered goods for defects immediately upon delivery; the goods shall be deemed to have been approved by you with regard to obvious defects if you do not notify us of such defects in text form immediately after delivery. With regard to other defects, the goods shall be deemed to have been approved by you if you do not notify us of them in text form immediately after the time at which the defect became apparent; however, if the defect was already apparent at an earlier point in time under normal use, this earlier point in time shall be decisive for the start of the notification period. The obligations under commercial law to inspect and give notice of defects shall remain unaffected.
7.2.2 If the notification of defects is unfounded and you have recognized this or negligently failed to recognize it, you are obliged to reimburse us for the costs incurred in checking it.
7.2.3 You are obliged to accept deliveries even if the goods show insignificant defects.
7.2.4 If a consumer or a company makes a claim against you for defects in the goods, you must notify us of this immediately. Recourse against us is only possible to the extent that you have not entered into any agreements with your customers that go beyond the statutory liability for defects.
8. Liability
8.1 We shall not be liable for damages or expenses in the event of slight negligence, unless we have breached a material contractual obligation, i.e. an obligation whose fulfillment is essential to the proper performance of the contract or on whose fulfillment you may regularly rely. In this case, our liability shall be limited to the typical contractual damage, the occurrence of which we had to expect when the contract was concluded due to the circumstances known to us.
8.2 However, our liability for damages arising from injury to body, life or health, for intent and gross negligence, for the lack of a guaranteed quality and under the Product Liability Act is unlimited.
9. Limitation of claims for defects and compensation
9.1 The statutory limitation periods shall apply.
9.2 If you are a business, the following shall apply: The limitation period for claims due to a defect is reduced to one year. The limitation period shall also be one year for claims for damages and reimbursement of expenses that are not based on a defect in the goods. The limitation of claims for damages due to intent or gross negligence, for damages resulting from injury to life, limb or health as well as for liability under the Product Liability Act remains unaffected. The limitation of recourse claims also remains unaffected.
10. Online dispute resolution, dispute resolution
10.1 The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order without the intervention of a court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.
10.2 Our email address is: shop@nostalgic-art.de
10.3 We always endeavor to resolve any differences of opinion with our customers amicably. However, we are not willing to participate in dispute resolution proceedings before consumer arbitration boards. We are also not obliged to do so.
11. Data protection
We provide information about how we handle personal data in our data protection information (https://shop.nostalgic-art.de/en/policies/privacy-policy).
12. Final provisions
12.1 The contract language is German or English. You can select your preferred language in the language settings in the footer of the website.
12.2 German law applies, excluding the UN Sales Convention. If you are a consumer, you can nevertheless invoke the provisions of the country of your habitual residence that cannot be derogated from by agreement.
12.3 This paragraph shall not apply if you are a consumer, you are domiciled in the European Union, Norway, Iceland or Switzerland and we have directed our activity to your country of domicile. The following applies to all other customers: If you (a) are a merchant, a legal entity under public law or a special fund under public law, or if you (b) do not have a domestic general place of jurisdiction, or (c) have relocated your domicile or usual place of residence or (d) at the time of the commencement of proceedings neither your domicile nor your usual place of residence is known, our registered office is agreed as the exclusive place of jurisdiction; however, we are also entitled to take legal action at your general place of jurisdiction.
12.4 Should one or more of these conditions be or become invalid, the validity of the remaining conditions shall not be affected.
13. Revocation
The provisions on revocation apply only to consumers:
13.1 Statutory right of withdrawal
13.1.1 Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Beautiful Company GmbH
Lilienstraße 11
20095 Hamburg
Germany
Telephone: +49-30-30647000
Email: shop@nostalgic-art.de
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
13.1.2 Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Beautiful Company GmbH
c/o Nostalgic-Art Merchandising GmbH
Am Borsigturm 156
13507 Berlin
Germany
Telephone: +49-30-30647000
Email: shop@nostalgic-art.de
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service
ordered on/received on ……………………………………………………..
Name of consumer(s) ………………………………………………………
Address of consumer(s) ………………………………………………………
………………………………………………………
Signature of consumer(s)
(only for paper-based notification) ………………………………………………………
Date ……………………………………………………………….
13.2 Voluntary right of withdrawal
13.2.1 Notwithstanding your statutory right of withdrawal, we offer a voluntary right of withdrawal of thirty days. This gives you the opportunity to withdraw from the contract with us even after the statutory withdrawal period of fourteen days (see Section 14.1.1) has expired.
13.2.2 To assert the voluntary right of withdrawal, you must return the ordered goods to us, Beautiful Company GmbH, c/o Nostalgic-Art Merchandising GmbH, Am Borsigturm 156, 13507 Berlin, Germany, telephone: +49-30-30647000, e-mail: shop@nostalgic-art.de, within thirty days of receipt of the goods. To meet the deadline for voluntary revocation, it is sufficient to send the goods before the revocation period has expired. We will voluntarily provide you with a return label for the return shipment. In this case, the return shipment is free of charge for you. To do so, please contact our customer service at shop@nostalgic-art.de.
13.2.3 Until the statutory revocation period has expired (Section 13.1.1), only the provisions stated therein shall apply. Your statutory rights in relation to defects shall not be limited by the voluntary right of revocation.