TERMS AND CONDITIONS
Sec. 1 Applicability, Contract Language
(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and me, Andreas Maier Artwork, Ansbacher Str. 58, 10777 Berlin, via this online shop.
(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
§ 2 Applicable Law, Mandatory Consumer Protection Regulations
The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
§ 3 Conclusion of contract
(1) The presentation of the products and services in my online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and me as soon as I accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) In my online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ to button, you place a binding order in the meaning of subsection (2).
§ 4 Information on Adjustments
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a website where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.
§ 5 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. I do not store the contractual provisions for you.
§ 6 Collecting, saving and processsing of your personal data
(1) In my online shop you may order goods or services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop but you may log on to your customer account with your e-mail address and your password before or during the order process.
(2) In order to process your order I need the following data:
– your first and family name
– your email address
– your postal address
(3) To open a customer account you have to provide me with the data mentioned in subsection (2) as well as a password chosen by you.
(4) Without your further consent, I will use your personal data only in order to process your orders, e.g. for delivery to your address. If you pay by bank transfer, I also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of my offers, requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on my website.
(5) Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), I save your data according to my obligations under commercial and tax law.
(6) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.
Sec. 7 Payment Conditions
The purchase price is due immediately after placing the order. The payment of the goods can be made via prepayment, direct debit or credit card.
Sec. 8 Retention of Title
The goods shall remain my property until full payment. If you fall behind with your payment more than 10 days after due date, I reserve the right to withdraw from the contract and to reclaim the goods.
Sec. 9 Delivery Conditions
I deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.
Sec. 10 Right of Withdrawal
As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
Sec. 11 Warranty in case of purchasing goods
(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by me will expire after the normal limitation period.
(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that I expressly guaranteed such in the individual case with respect to the item sold.
Sec. 12 Limitation of Liability
(1) I am liable for intent and gross negligence. Further, I am liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, I are only liable for the foreseeable, typical contractual damage. I am not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. I am not liable for constant and continuous availability of my online trading system.
Sec. 13 Final Provisions
The terms and conditions stipulated herein are complete and final. Amendments and changes of these GTC shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the agreement.
(2) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by me or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of me company in Berlin.
(3) I would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
My e-mail address is: firstname.lastname@example.org. I inform you according to § 36 German VSBG that I am not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
CONSUMER INFORMATION AND INSTRUCTION ON WITHDRAWAL
If you order goods in my online shop, I want to draw your attention to the following:
(1) The exclusive language available for the conclusion of the contract shall be German. Translations of information and legal texts to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
(2) You will find the essential characteristics of the goods and services offered by me as well as the validity of limited offers in the individual product specifications within the scope of my internet offering.
(3) The presentation of my goods does not represent a binding offer on my side. Only your order of the goods is regarded as a binding offer pursuant to Sec. 145 BGB. In case of the acceptance of such an order, I will send you an order confirmation via email or we dispatch the good. This way, a purchasing contract between you and me comes into existence.
(4) Any input errors when ordering can be seen in the confirmation before the check-out and with the delete- and change function you can correct your order at any time before sending it.
(5) If the goods ordered by you are not available, I reserve the right not to render the service. I will inform you about that before the conclusion of the contract without delay.
(6) The prices indicated by me are to be understood including taxes. The shipment costs are listed separately in the product description and in the order overview.
(7) The purchase price is due immediately after placing the order. The payment of the goods can be made via prepayment, direct debit or credit card.
(8) I would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
Our e-mail address is: email@example.com. I inform you according to § 36 German VSBG that I am not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
(9) Any information and data needed for servicing the contract concluded with you, will be stored by me with permanent access for you. I refer to my GTC and the stipulations regarding data protection therein an to my Data Privacy Notice.
(10) In addition I refer to my GTC.
(11) You have a right of withdrawal according to the following information:
INFORMATION ON THE RIGHT OF 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 me, Andreas Maier Artwork, Ansbacher Str. 58, 10777 Berlin, firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or 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 sent 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 me) 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.
I may withhold reimbursement until I have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier
You shall send back the goods to me, Andreas Maier Artwork, Ansbacher Str. 58, 10777 Berlin, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to me. The deadline will be met if you send back the goods before the period of 14 days has expired.
You will have to 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, characteristic and functioning of the goods.
Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.
Model withdrawal form according to Annex 1 B to Directive 2011/83/EU
(Complete and return this form only if you wish to withdraw from the contract)
• To Andreas Maier Artwork, Ansbacher Str. 58, 10777 Berlin or email@example.com:
• 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 (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
• ordered on (*). . . . ./received on (*). . . . .;
• name of consumer(s);
• address of consumer(s);
• signature of consumer(s);
• (only if this form is notified on paper);
(*) complete as appropriate