Terms & Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Defect Liability (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions ("GTC") of Anne Geldermann, trading as "Anne Geldermann Art" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods in the cart by clicking the button that completes the order.
2.3 The Seller may accept the Customer's offer within five days:
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive; or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive; or
- by requesting payment from the Customer after the order has been placed.
If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives first occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 Where the Customer selects a payment method offered via PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or — if the Customer does not have a PayPal account — subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order.
2.5 When an offer is submitted via the Seller's online order form, the contract text will be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax, or letter) after the order has been sent. No further access to the contract text will be provided by the Seller. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the relevant login credentials.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The browser's zoom function, which enlarges the display on screen, may be an effective technical means of better identifying input errors. The Customer may correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button completing the order.
2.7 The contract is available in German only.
2.8 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, where spam filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, prices quoted are total prices inclusive of statutory VAT. Any additional delivery and shipping costs will be stated separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and are to be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs). Such costs in relation to money transfers may also arise even where delivery is not made to a country outside the European Union, if the Customer makes payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
4.4 Where a payment method offered via the PayPal payment service is selected, payment will be processed via PayPal, which may in turn use the services of third-party payment providers. Where the Seller also offers payment methods via PayPal for which the Seller advances payment to the Customer (e.g. purchase on account or installment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative assessment. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, payment can only be made with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. The Seller remains responsible for general customer inquiries (e.g. regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations and returns, or credits) even in the event of assignment of the claim.
4.5 Where a payment method offered via the "Shopify Payments" payment service is selected, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use additional payment services, which may be subject to separate payment terms that the Customer will be notified of where applicable. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 Where the Seller offers shipping, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller's order processing shall be decisive. By exception, where PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to outbound shipping costs if the Customer validly exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal, the provisions set out in the Seller's withdrawal policy shall apply to return shipping costs.
5.3 Where the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Where the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods generally passes only upon delivery of the goods to the Customer or an authorized recipient. By exception, the risk of accidental loss and accidental deterioration of the goods passes to the Customer — even in the case of consumers — as soon as the Seller has handed the goods over to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, where the Customer has commissioned the freight forwarder, carrier, or other such person or institution themselves and the Seller has not previously named that person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only where the non-delivery is not attributable to the Seller and the Seller has, with due diligence, concluded a specific cover transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be notified without delay and any payment already made will be refunded promptly.
5.5 Collection in person is not possible for logistical reasons.
6) Retention of Title
Where the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Defect Liability (Warranty)
Unless otherwise provided by the following provisions, the statutory provisions on defect liability shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:
7.1 Where the Customer acts as an entrepreneur:
- the Seller has the choice of the type of subsequent performance;
- the limitation period for defect claims in respect of new goods is one year from delivery;
- defect claims in respect of used goods are excluded;
- the limitation period does not restart if a replacement delivery is made within the scope of defect liability.
7.2 The above limitations of liability and shortened time limits do not apply:
- to claims for damages and reimbursement of expenses by the Customer;
- where the Seller has fraudulently concealed the defect;
- to goods used in accordance with their customary purpose in a building and which have caused its defectiveness;
- to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 Where the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.5 Where the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery person at the time of delivery and to notify the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual defect claims.
8) Liability
The Seller's liability to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including tort claims, is as follows:
8.1 The Seller is liable without limitation on any legal ground:
- in cases of intent or gross negligence;
- in cases of intentional or negligent injury to life, body, or health;
- on the basis of a guarantee, unless otherwise provided therein;
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 Where the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above. Material contractual obligations are obligations that the contract imposes on the Seller in order to achieve its purpose, the fulfillment of which makes proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer is habitually resident.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.