General terms and conditions of business
Information for consumers in distance contracts as well as customer information for contracts in electronic commerce
For business relationships between us and the customer apply to orders via the Internet shop the following General Terms and Conditions in the version valid at the time of the order.
§2 Conclusion of contract
- The presentation of the products on our website art-trash.net does not constitute a legally binding offer, but a non-binding online catalog and only contains an invitation to the customer to submit a purchase offer. By sending an order, the customer makes a purchase offer within the meaning of Section 145 of the German Civil Code.
- A confirmation of the receipt of the order (confirmation of receipt) follows by e-mail through an automated e-mail procedure immediately after sending the order. This confirmation of receipt does not yet represent acceptance of the contract offer, i.e. does not yet represent a conclusion of contract, but only informs the customer that his order has been received by us and is being processed.
- The contract with us is concluded when we accept the customer's purchase offer within 2 working days after sending the Accept the order in writing or in text form (order confirmation). The time of receipt of the declaration of acceptance by the customer is decisive in this respect. A business day is any calendar day that is not a Sunday or a national public holiday.
- If, contrary to expectations, the product ordered by the customer is temporarily or permanently unavailable for a reason for which we are not responsible, the customer will be informed. In this case, we do not issue a declaration of acceptance (order confirmation), so that no contract is formed. In the case of only temporary unavailability, the customer informed of the expected delivery date, so that he can decide whether he wants to stick to his order. In the event of withdrawal, any payments already made will be reimbursed immediately.
§3 Delivery, shipping costs, transfer of risk
- The delivery takes place at the shipping costs shown in each individual case. If the customer is a consumer, we always bear the shipping risk, regardless of the shipping method. If the customer is an entrepreneur is, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
- The following applies to individually printed goods: Compliance with our delivery obligations requires the provision of print files in the required format and, if necessary, timely approval of the proof (if this has been agreed).
§4 Retention of title
The delivered goods remain the property of art trash GmbH until the purchase price has been paid in full.
Only the payment methods shown to the customer during the ordering process will be accepted.
§6 Liability for Defects
- The following applies to individually printed goods: The customer is solely responsible for the content of the print templates supplied by the customer. The same applies to the quality of the electronic print templates. If the file resolution is not sufficient for printing, we will point this out before production.
- The following applies to individually printed goods: no matter how careful you are, the colors achieved in the print are always subject to a tolerance due to the printing process. which must be accepted by the client. The most extensive color fidelity, color accuracy and color consistency can only be limited within the scope of these printing-related conditions Tolerances are guaranteed. Due to a specific fine structure of the canvas material, the print quality of canvas printing can be lower than that of paper printing for technical reasons. Foil printing, acrylic glass printing and aluminum dibond printing. It also applies that in 4/4 digital printing color is mixed from 4 primary colors and that in some cases some color values (especially in the grayscale range) cannot be reproduced exactly and/or red or green casts can appear due to the inherent mixed colors. Must print colors correspond to specific colors (HKS, Pantone, RAL etc.), this must be defined in writing when the order is placed. But even with these shades, there are no color fluctuations completely ruled out and the same printing-related tolerances apply. Minor deviations in the colors between the electronic print template and the imprint, as well as color fluctuations within the edition or from edition to edition, are reserved.
- If the customer is an entrepreneur, the customer must notify us in writing of any obvious defects within a period of 2 weeks from receipt of the goods. Timely notification by e-mail is sufficient to meet the deadline. If you notice obvious damage to the packaging upon receipt of the goods, then we ask you to accept the package "with reservation" and to photograph the goods directly including the packaging when unpacking, and then emailing those photos to us – so we can assess the damage can see and analyze as precisely as possible. The customer bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of determination of the defect and for the timeliness of the notice of defects. The customer can only return the complained goods to us after our confirmation. The shipment is to be sufficiently stamped, we reimburse the customer for the return costs to the specified bank account. No freight collect shipments can be accepted.
- Apart from that, the statutory rights to liability for defects apply.
§7 Property rights
The following applies to individually printed goods: The customer assures us that the drafts and design specifications supplied by him/her comply with existing patents, licences, trademarks, registered designs or do not infringe any other industrial property rights, including copyrights of third parties. In the event of a claim against us by a third party due to the infringement of such a property right, the customer releases us from all payment obligations arising from this.
§8 Information for consumers in distance contracts and customer information in contracts in electronic commerce
- Specifically, and not mentioned above codes of conduct, we are not subject to.
- You can recognize any input errors when submitting your order in the final confirmation before sending your contract declaration and with the help of the deletion and correct the change function at any time before sending the order.
- The essential properties of the goods we offer and the period of validity of limited offers can be found in the individual product descriptions on our website.
- The language available for the conclusion of the contract is German.
- Complaints and claims for liability for defects can be submitted to the address given in the provider identification/imprint.
- The text of the contract is not saved by us and is therefore not accessible to you as a customer after the conclusion of the contract. The order data together with the contractual provisions including the present General Terms and Conditions and the The cancellation policy to be observed will be sent to the customer in text form by e-mail after the order has been placed.
- Please refer to the offer for payment, delivery or fulfillment information.
§9 Information on the dispute settlement procedure before a consumer arbitration board
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
The law of the Federal Republic of Germany applies to the contractual relationship between us and the customer as well as to the respective terms and conditions. If the customer is a consumer, they remain in accordance with the law of the country in which the consumer has his habitual residence for the protection of the consumer Applicable legal regulations and rights, which may not be deviated from by agreement, are unaffected by this agreement. The application of UN sales law is excluded.