Terms and conditions

§ 1 Scope and seller

These terms and conditions apply to all contracts for the purchase of goods that you conclude in the shop on mindset.film. The seller and your contracting party is Typhora Group LLC, 33 N Gould St, Sheridan, WY 82801, USA, with its place of management and establishment in Germany at Barbarossaplatz 2, 50674 Cologne (“we” or the “Seller”). Mindset Studio is a project of Typhora Group LLC.

Deviating terms of the buyer do not apply, even if we do not expressly object to them.

§ 2 Consumers and production

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code, BGB). A trader is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding the contract (Section 14 BGB).

Our goods are made and shipped by our production partner. They are not made to your personal specifications.

§ 3 Conclusion of the contract, contract text and language

The presentation of products in the shop is not a binding offer but an invitation to place an order. You add products to the cart and go to checkout. There you enter your delivery address and email address, choose a payment method and see all details including prices, shipping costs and taxes at a glance before submitting. Until then you can correct any entry using the usual keyboard and mouse functions, change or remove products in the cart and cancel the process at any time.

By clicking the “Order with obligation to pay” button at the end of checkout, you make a binding offer to purchase the goods in the cart. The contract is concluded when we accept your offer with the order confirmation by email, at the latest when the goods are shipped. We send the order confirmation as soon as your payment has been received.

We store the contract text. The order confirmation contains it in full, together with these terms and the withdrawal notice. The current terms are also available at any time at mindset.film/terms. The contract languages are German and English.

§ 4 Prices, shipping costs and taxes

All prices are final prices in the currency the shop shows for your delivery country. We calculate the shipping costs and the taxes that apply to your delivery country at checkout and show them to you separately before you submit your order.

§ 5 Delivery, production and import charges

We deliver to the delivery address you enter at checkout and to the countries that can be selected there. The stated production and delivery times are estimates. Checkout shows you the expected delivery time for your cart and delivery country before you order.

Our production partner produces in facilities in the European Union, the United Kingdom, the USA and other countries. Each item is produced in a facility that can make it and deliver it to your address. If an order contains goods from different facilities, they arrive in separate parcels. This does not cost you any additional shipping. If an item for delivery to the European Union is produced outside the European Union, checkout states this before you order. If items come from a facility outside the European Union and the goods value that the facility declares to customs for this shipment exceeds €140, we cannot deliver them to the European Union. This goods value is not your purchase price but the value of the goods at the facility. Checkout checks this for your cart and tells you before you order whether you need to split the order. We do not deliver every item to every country; checkout shows which countries are possible.

If a shipment is sent from outside the customs territory of your delivery country, taxes, customs duties or carrier fees may be charged on import. You bear these unless we expressly show them as included in the price at checkout. If goods are delivered within the European Union from a facility in the European Union, no import charges apply.

§ 6 Payment

You can pay by credit or debit card (Visa, Mastercard, American Express) and, depending on your device and browser, with Apple Pay or Google Pay. Checkout shows which of these payment methods are available to you before you order. Payment is processed by the payment service provider Stripe (Stripe, Inc., USA, and its affiliates); its terms for the chosen payment method apply in addition. Card and account details are processed exclusively by Stripe and never reach us. The payment appears on your statement under the name “TYPHORA GROUP”. The purchase price is due when you submit the order.

§ 7 Unavailable goods

If an ordered item cannot be produced or delivered, for example because the blank is no longer available, we will inform you without delay. If the contract has already been concluded, we will refund any payment already made for this item without delay.

§ 8 Retention of title

The goods remain our property until they have been paid for in full.

§ 9 Warranty and passing of risk

The statutory warranty for defects applies. If an item arrives damaged, wrong or defective, write to us at hey@mindset.film, ideally with a photo. This is not a withdrawal but a warranty case, and your statutory rights remain unaffected.

If you are a consumer, the risk of accidental loss and accidental deterioration of the goods only passes to you on handover. If you are a trader, it passes on handover to the carrier.

§ 10 Liability

We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent that we have given a guarantee.

In the case of simple negligence, we are only liable for the breach of an essential contractual obligation, that is an obligation whose fulfilment makes the contract possible in the first place and on whose fulfilment you may regularly rely. Liability is then limited to the foreseeable damage typical for the contract. Your rights under the statutory warranty for defects remain unaffected.

§ 11 Withdrawal notice

Consumers have the following statutory right of withdrawal when buying our goods. The goods are not made to the customer's specifications and are not clearly tailored to personal needs; the right of withdrawal is therefore not excluded.

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 other than the carrier and indicated by you, acquire physical possession of the goods. In the case of multiple goods from one order that are delivered separately, the period begins on the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the last item.

To exercise your right of withdrawal, you must inform us (Typhora Group LLC, Barbarossaplatz 2, 50674 Cologne, Germany, phone: +1 878 888 1912, email: hey@mindset.film) 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 attached model withdrawal form, but it is not obligatory. 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.

You can also exercise your right of withdrawal using our electronic withdrawal function at mindset.film/withdrawal. If you use this withdrawal function, we will send you, without delay and on a durable medium (e.g. by email), a confirmation of receipt of your withdrawal, stating its content and the date and time of its receipt.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the 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 in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods to the return address stated for your delivery country at mindset.film/withdrawal (for deliveries to the European Union, an address in the European Union), or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to 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.

§ 12 Model withdrawal form

If you wish to withdraw from the contract, please complete and return this form.

To: Typhora Group LLC, Barbarossaplatz 2, 50674 Cologne, Germany, email: hey@mindset.film

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*): …

Ordered on (*) / received on (*): …

Name of consumer(s): …

Address of consumer(s): …

Signature of consumer(s) (only if this form is notified on paper): …

Date: …

(*) Delete as appropriate.

§ 13 Returns beyond withdrawal

Beyond the statutory right of withdrawal, we do not offer any voluntary returns. Your rights under the statutory warranty for defects (§ 9) remain unaffected.

§ 14 Applicable law, place of jurisdiction and dispute resolution

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies to the extent that it does not deprive you of the protection afforded to you by the mandatory provisions of the country in which you have your habitual residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Cologne, Germany.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Should any provision of these terms be or become invalid, the remaining provisions shall remain effective.