Terms and Conditions
General terms and conditions of business
1. Scope & Provider
(1) These General Terms and Conditions (GTC) apply to all orders placed via the online shop of Louisa Raschke - Louspolewear Studios (hereinafter referred to as "Provider" or "we") on the Shopify platform.
(2) The offer is directed at consumers within the meaning of Section 13 of the German Civil Code (BGB) and at entrepreneurs within the meaning of Section 14 BGB. Orders placed by pole dance studios are deemed to be orders by entrepreneurs. The same applies to trainers and other customers who order for their commercial or independent professional activity, for example by stating a company name or VAT identification number.
(3) Any deviating general terms and conditions of the customer will not be accepted unless we expressly agree to their validity in writing.
2. Conclusion of contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order.
(2) By clicking the button "Order with payment", the customer submits a binding offer to purchase the goods contained in the shopping cart.
(3) The contract is concluded as soon as we accept the order by sending an order confirmation by email or when we dispatch the goods.
(4) Should a product be unavailable, we reserve the right not to accept the order. In this case, we will inform the customer immediately.
3. Prices, shipping costs & payment terms
(1) All prices are final prices, excluding shipping costs. In accordance with Section 19 of the German VAT Act (UStG), no VAT is charged and therefore none is shown.
(2) The available payment methods are listed during the ordering process. We offer all common payment providers, including:
- PayPal
- Klarna (purchase on account, installment purchase, instant bank transfer)
- Credit card (Visa, Mastercard, American Express)
- Apple Pay & Google Pay
(3) Payment processing is carried out via external payment service providers. When using these providers, their terms and conditions and privacy policies apply. We have no access to payment data processed by third-party providers.
(4) The goods remain our property until full payment has been made (retention of title according to Section 449 of the German Civil Code).
4. Delivery & Shipping
(1) Delivery takes place within Germany and, if applicable, other countries in accordance with the shipping options specified in the shop.
(2) The stated delivery times are non-binding. Should any delays occur, we will inform the customer immediately.
(3) Should a delivery fail due to incorrect address information, non-acceptance or multiple delivery attempts, the customer shall bear the resulting costs.
(4) The risk of accidental loss or damage to the goods shall pass to the customer or a third party designated by him upon handover.
(5) If a package arrives damaged, please contact us immediately with photos of the damage so that a complaint can be initiated with the shipping service provider.
5. Right of withdrawal & returns
Right of withdrawal for standard products
(1) Consumers have the right to cancel their order within 14 days without giving any reason.
(2) The cancellation period begins on the day on which the customer or a third party takes possession of the goods.
(3) To exercise the right of withdrawal, the customer must send us a clear declaration of his decision via contact form or email.
(4) The customer shall bear the costs of return shipping.
(5) Refunds are made in accordance with the withdrawal instructions below. The customer is 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.
Exclusion of the right of withdrawal for individual products
(1) The right of withdrawal does not apply to individually manufactured products, e.g., tailor-made bodysuits.
(2) If there is any uncertainty as to whether a product has been individually manufactured, the customer may submit an inquiry in advance.
(3) If there are any problems with individually manufactured products, please contact us so that a fair solution can be found.
Exclusion of exchange and return for B-stock items
(1) Items marked as B-stock are products with visible deviations from the regular series, for example in colour shade, seam alignment, cut or finish. The deviations are described on the respective product page.
(2) These deviations are an expressly agreed quality and do not constitute a defect. No warranty claims can be made on the basis of these deviations.
(3) B-stock is sold at a correspondingly reduced price and is excluded from exchange and return.
(4) Defects going beyond the deviations described on the product page remain unaffected. In this case, please contact us.
No right of withdrawal or return for entrepreneurs
(1) The statutory right of withdrawal applies exclusively to consumers. Orders placed by entrepreneurs (Section 14 BGB) are excluded from withdrawal, exchange and return.
(2) Statutory rights in respect of defects remain unaffected. Towards entrepreneurs, claims for defects become time-barred one year after delivery of the goods. This does not apply to claims for damages in cases of intent or gross negligence or of injury to life, body or health.
(3) Merchants must inspect the goods immediately upon receipt and notify any defects without undue delay (Section 377 of the German Commercial Code, HGB).
The right of withdrawal applies only to consumers. Exceptions (for example individually manufactured goods, B-grade or second-quality items, and contracts with business customers) are set out in our terms and conditions.
Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal 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 (Louisa Raschke, Louspolewear Studios, Pröbenweg 33e, 20537 Hamburg, Germany, e-mail: info@louspolewearstudios.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). 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.
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 14 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 or hand them over to us at Louisa Raschke, Louspolewear Studios, Pröbenweg 33e, 20537 Hamburg, Germany, without undue delay and in any event not later than 14 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 14 days has expired. The goods can be sent back by normal parcel post.
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 the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Louisa Raschke, Louspolewear Studios, Pröbenweg 33e, 20537 Hamburg, Germany, e-mail: info@louspolewearstudios.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 if this form is notified on paper),
- Date,
(*) Delete as appropriate.
6. Cancellation & changes before shipping
(1) Customers can cancel orders as long as the goods have not yet been dispatched.
(2) If cancellation is requested after dispatch, the above cancellation conditions apply.
7. Warranty & Liability
(1) The statutory warranty rights apply.
(2) The provider is not liable for damages caused by improper use or normal wear and tear.
(3) Further claims for damages are excluded unless there is intent or gross negligence.
8. Vouchers & discount codes
(1) Discount codes are available from time to time. The validity and terms are stated with each code.
(2) Discount codes are non-transferable and cannot be applied retroactively to orders.
(3) Gift vouchers can only be redeemed for the purchase of products in the online shop, not for cash payment.
9. External Links & Third-Party Providers
(1) Our shop may contain links to external websites. We assume no liability for their content.
(2) Payments via third-party providers (e.g. PayPal, Klarna) are subject to their own terms and conditions and privacy policy.
10. Influencer & Partner Program
10.1 Eligibility & Registration
(1) The Influencer & Partner Program is aimed at:
- Pole dance studios and trainers
- Content creator in the field of pole dancing/fitness
- Influencers with thematically appropriate content
(2) Participation takes place after registration via the provided registration form and verification by Louspolewear Studios.
(3) After successful verification, partners will receive a unique partner code via email within 1-2 business days. This code is:
- Permanently valid
- Personal and non-transferable
- Intended exclusively for the registered partner
10.2 Commission regulations
(1) Partners receive a 10% commission on the net sales of all orders placed with their individual partner code.
(2) The commission is calculated based on the net purchase price (excluding VAT). In the event of returns, the corresponding commission will be automatically canceled or deducted from future payouts.
(3) The commission is automatically collected when the partner code is used in the ordering process.
10.3 Payment of commissions
(1) Commissions are paid out once a quarter, provided the minimum payout amount has been reached.
(2) The minimum payout amount is €50.00 net. If the commission amount is less than €50.00, it will be automatically carried over to the next quarter. Accumulation occurs until the minimum amount is reached.
(3) Partners will be notified by email of due payments. Partners will issue a proper invoice for the commission payment. Payment will be made within 14 days of receipt of the invoice.
(4) Partners are responsible for the proper taxation of their commission income.
10.4 Obligations of the partners
(1) Partners undertake to:
- Truthful and transparent advertising of the products
- Marking of advertising content in accordance with applicable advertising guidelines
- Compliance with all relevant legal requirements, in particular regarding advertising labelling
- Link to our online shop (https://louspolewearstudios.de) with a do-follow link on your website
(2) The following are prohibited:
- Misleading or false product claims
- Aggressive or spam-like advertising methods
10.5 Termination of the partnership
(1) Either party may terminate the partnership at any time with 14 days’ notice in writing.
(2) In case of violations of these Terms and Conditions or misuse, Louspolewear Studios reserves the right to terminate the partnership without notice and to deactivate the partner code.
(3) Any commission claims already accrued shall remain unaffected by termination, provided they have accrued properly.
10.6 Data Protection & Reporting
(1) Partners receive access to anonymized sales data generated with their code.
(2) Personal data of customers will not be passed on to partners.
(3) Partner data is processed in accordance with our privacy policy.
10.7 Disclaimer
(1) Louspolewear Studios is not liable for lost commissions due to technical malfunctions or incorrect code usage by customers.
(2) Partners are liable for damages caused by misleading or unlawful advertising.
10.8 Changes to the program
(1) Louspolewear Studios reserves the right to change the terms and conditions of the partner program with 30 days’ notice.
(2) Changes will be communicated to the partners via email. In case of disagreement, the partners have a special right of termination.
11. Final provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
(3) Provider & responsible for the shop is: Louisa Raschke Louspolewear Studios Pröbenweg 33e, 20537 Hamburg Germany
(4) The place of jurisdiction for all disputes shall be – to the extent permitted by law – the registered office of the company.
