GENERAL TERMS AND CONDITIONS
§ 1 Scope and provider
1.these general terms and conditions apply to all orders placed with the online store of O.Schulze / M.Monka GbR , Wolfener Str. 32-34, 12681 Berlin.
Our business relations represent a legal framework for security. A partnership relationship with our customers and their satisfaction are our top priority. However, if you have any problems with your order, do not hesitate to contact us to work out a mutual solution.
2. the offer of goods in our online store is directed exclusively to buyers who have completed the 18th year of life.
Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is contradicted already now.
4. contract language is exclusively German.
§ 2 Conclusion of contract
1. the presentation of goods in the online store does not represent a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store. 2.
By clicking the button “Order now with obligation to pay” you submit a binding offer to purchase (§ 145 BGB).
After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt. 4.
A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you – without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under [“Shipping information” / “Delivery conditions”].
§ 4 Terms of payment; Default
1. the payment takes place in advance alternatively by:
Invoice by prepayment,
cash on delivery,
credit card,
Paypal or
direct debit.
The selection of the available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to protect our credit risk only prepayment. 3.
If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
4. in case of payment by cash on delivery an additional fee is due, which is charged by the deliverer on site. The amount of the costs can be seen in the order process.
5. when paying with PayPal, you will be redirected to the website of the online provider PayPal in the order process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction will be carried out automatically by PayPal immediately thereafter. 6.
If you pay by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds in your account or due to incorrect bank account information provided by you. 8.
8. if you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Offsetting/Right of Retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close relationship to our claim.
You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
2. the goods remain our property until full payment of the purchase price.
3. we are exceptionally not obliged to deliver the ordered goods, if we have ordered the goods properly but have not been supplied correctly or in time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
4. if you are an entrepreneur in the sense of § 14 BGB, the following applies in addition:
We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. if you make the purchase for purposes which can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
For products that are individually manufactured according to your specifications and tailored to your personal needs, the possibility of revocation does not apply. For individual products, a right of revocation of the order is excluded according to § 312 d para. 4 No. 1 BGB (right of revocation and return for distance contracts).
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of 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 the earlier.
You must return or hand over the goods to us or to [name and address of a person authorized by you to receive the goods, if applicable] without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
If you want to revoke the contract, please fill out this form and return it with the corresponding goods.
To
Company: O.Schulze-M.Monka GbR – Lentiprint
Address: Wolfener Str. 32-34, 12681 Berlin, Germany
E-mail: info@deinwackelbild.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*): [………]
Ordered on (*)/received on (*): [………]
Name of the consumer(s): [………]
Address of consumer(s): [………]
Signature of consumer(s) (only in case of paper communication)
Date [………]
(*) Delete where not applicable.
1. the right of withdrawal does not exist for the delivery of
of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. all items that have been individually produced with their pictures or graphics ).
2. please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging. 3.
3. please call us at +49 30 9827227 before returning the goods to announce the return. In this way you enable us to allocate the products as quickly as possible.
4. please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
1. if goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.
2. failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
If you are a consumer in the sense of § 13 BGB, the limitation period for warranty claims for used goods – in deviation from the statutory provisions – is one year. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
In all other respects, the statutory provisions shall apply to the warranty.
If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect the goods and to give notice of defects.
In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods.
In case of clearly recognizable defects, the customer has the right to complain. However, this right only exists in the case of avoidable technical deficiencies and errors. Concrete ideas of color fidelity are purely subjective. The preview of the images to be produced does not represent a color binding template and cannot be the subject of a complaint. Each customer is obligated to carry out a control with the help of the preview after completion of automatically or self-designed templates and wiggle images. This refers to the control of clipping and placed texts. Self-entered spelling mistakes, the use of qualitatively inadequate images (for example, because of too low resolution or blurred images) and design errors that were self-inflicted (for example, by not heeding warnings, empty pages, too tightly placed texts), wrong product selection, wrong order quantities or other defects caused by errors in the order entry are excluded from any warranty.
§ 10 Liability
1. unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the product liability law. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability also applies to our vicarious agents.
§ 11 Copyright
1. please note that with the purchase of a work with predefined content of our artists you only acquire the real property of this. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making available to the public or any other analog or digital exploitation is not allowed, as far as this is not permitted by law. You may resell the work as you wish.
2. otherwise “deinwackelbild” has received an unrestricted right of use of the pictures from the respective partner who provides his artwork and is authorized to use the respective pictures for the products offered to the customer and to sell these products to the customer, to grant the customer a right of use for them and to transfer the products so that the delivered products are free of third party rights.
3. the respective partner assures upon conclusion of the contract that the use of the images described in paragraph 2 does not conflict with any copyrights, other proprietary rights or other rights of third parties.
§ 12 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without having to go to court. The dispute resolution platform is under the external link https://ec.europa.eu/consumers/odr/erreichbar.
We will endeavor to resolve any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 13 Final provisions
1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between you and us shall be governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law. 3.
If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: March 2020
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
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