General terms and conditions with customer information
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. terms of payment
7. retention of title
8. warranty for material defects and guarantee
10. storage of the contract text
11. final provisions
1. Scope of application
1.1 For the business relationship between Anja Stemmer – Abstract Art, Owner: Anja Stemmer, Orffstr. 20, 80634 München, Germany (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively.
1.2 You can contact our customer service for questions, complaints and objections on workdays from 9:00 to 18:00 o’clock under the telephone number +49 177 7316323 as well as by e-mail under firstname.lastname@example.org.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not accepted, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise stated with the products. Otherwise, errors are reserved.
3. Order process and conclusion of contract
3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button “add to cart”. Within the shopping cart, the product selection can be changed, e.g. deleted. Afterwards, the customer can proceed within the shopping cart via the button “Continue to checkout” to complete the ordering process.
3.2 By clicking on the button “order subject to payment” the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3 The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The sales contract is only concluded if the seller has sent the ordered product to the customer within 3 days, handed it over or confirmed the dispatch to the customer within 3 days with a second e-mail, explicit order confirmation or sending the invoice.
3.4 If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the seller will withdraw from the contract with the consequence that the order is invalid and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the statutory value added tax applicable at the time.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 If advance payment has been agreed upon, delivery shall be effected after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Terms of payment
6.1 The customer can choose from the available payment methods within and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.
6.4 If the due date of the payment is determined by the calendar, the customer is already in default by missing the date. In this case the customer has to pay the legal default interest.
6.5 The Customer’s obligation to pay interest on arrears does not exclude the Seller from asserting further claims for damages caused by default.
6.6 The Customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations in Germany.
8.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed of the guarantee conditions before the ordering process is initiated.
9.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, notwithstanding any other legal requirements for claims.
9.2 The seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1 The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions of Business together with instructions on the right of revocation and information on shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
11. final provisions
11.1 Place of jurisdiction and place of performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The contractual language is German.
11.3 Platform of the European Commission for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.