Terms & Conditions and Customer Informations
General Terms and Conditions and Customer Informations
Terms and Conditions (Part I)
§ 1 General Provisions
(1) Following terms and conditions apply to all contracts that you conclude with us (artmoda.de Ltd.) as a Provider via the website artmoda.de. Unless otherwise agreed, the use of your own terms and conditions is contradicted.
(2) According to the following Terms and Conditions, consumer is any natural person who enters into a transaction for purposes which can not be primarily attributed to their commercial or self-directed professional activity. Entrepreneur is any natural or legal person or a legal partnership, who enters into a legal transaction for purposes of its self-directed professional or commercial activity.
§ 2 Contract Conclusion
(1) Object of this contract is the sale of goods.
(2) By publishing of single product on our Internet site, we make you a binding offer to conclude a contract under the conditions given under the product specification.
(3) The sale contract enters into force as per following procedure:
The goods intended for purchase are placed into the „cart“. You can call the „cart“ via the respective interface in the navigation bar and you can change any time its content. After loading of the site „Checkout“ and input specification of personal data, payment and shipment terms, finally all order conditions are shown again on an order summary site.
In case you've choosen prompt payment conditions (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung), so our online-shop will forward you to the order summary site or to the internet site of the prompt payment provider.
If you are forwarded to the site of the respective prompt payment provider, so make please the necessary choices, respectively input of your private data. Finally you will be forwarded back again to our online-shop.
Prior sending the order, you have the possibility to check again all data, to change them (e.g. via the back-function tool of the Internet browser), respectively to interrupt the shopping.
By sending the order via the button „pay now“ you accept our binding offer, so that the contract enters into force.
(4) The order acceptance (and therefore the contract acceptance) is done immediately after order by written confirmation (e.g. e-mail), where we confirm you the order execution or the shipment of the goods (order confirmation).
In case you do not receive a respective notice, your order is not binding for you. Possibly already rendered services will be immediately reimbursed.
(5) Your offer requests are not binding for you. We send you a binding written offer (e.g. e-mail), that you can accept within 5 days.
(6) The order completion and transfer of all necessary data related to the contract is done via e-mail and is partly automatized. Therefore you have to make sure, that your filed e-mail address is correct, the receipt of e-mails is technically confident and is not especially inhibited by SPAM-filters.
§ 3 Right of Retention, Title Retention
(1) You can exercise a retention right if it concerns claims arising from the same contract only.
(2) The goods remain our property until full payment of the purchase price.
(3) Following terms apply, in case you are an entrepreneur:
a) The goods remain our property until full payment of all claims resulting from the ongoing business relationship. A pledge or collateral assurance transference is not allowed prior ownership title transfer.
b) You may resell the goods in the ordinary business course. In this case, you already assign us all claims in the amount of the invoiced value, resulting from the reselling; we accept the assignment. Furthermore, you are authorized to collect the receivables. However, if you don't meet your payment obligations in a proper way, we reserve us the right, to collect the claim by our-selfs.
c) In case of mixing or connecting the reserved goods, we acquire joint ownership of the new item in proportion of the invoiced amount reserved goods to the other processed items at the time of processing.
d) We commit to release respectively entitled securities on your request, so far the actual value of our securities exceeds the secured claims by more than 10%. We have the choice about the securities, that have to be released.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) In case you are an entrepreneur, and notwithstanding paragraph 1, following terms apply:
a) Product specification is agreed only in accordance with our own specifications and in accordance with manufacturers description; no other advertising, promotions and public statements apply.
b) You have to inspect the goods immediately in due course with regard to quality and quantity deviations and have to inform us in written within 7 days upon receipt of the goods about visible defects; the timely dispatch of the notice is sufficient in order to meet the deadline. As of date of discovery, this refers also to later found hidden defects. Warranty claims are not allowed in case of violation of inspection and reprimand duties.
c) We shall remedy defects at our discretion by repair or replacement. In case of failed remedy, you can claim price reduction or you may withdraw from the contract to your choice. After 2 attempts, the remedial measures are considered as failed, despite the nature of the item or this one of the defect or any other circumstances result in something else. In case of repair, we are not obliged to bear increasing costs resulting from shipment of the goods to location different than the fulfillment one, provided such shipment is not required for use of the goods in a proper manner.
d) The warranty period is one year from date of delivery. This shortened warranty period does not apply to respective reprehensibly caused damages, resulting from injury of life, limb or health and to damages caused by gross negligence or by intent, resp. bad faith, as well as to recourse claims in accordance with §§ 478, 479 of the German Civil Code.
§ 5 Liability
(1) We are liable for any damage resulting from injury to life, limb or health. Furthermore, we are liable in all cases resulting by gross negligence or by intent, by fraudulent concealment of a defect, by warranty adoption for the specified purchased goods and in any other cases, stipulated by the law.
(2) The liability for defects within the statutory warranty refers to the corresponding rules in our customer information (Part II) and to these terms and conditions (Part I).
(3) If substantial contractual obligations are concerned, our liability is limited in case of slight negligence to the typical, foreseeable damage. Substantial contractual obligations are obligations resulting from the nature of the contract or obligations, which breach would jeopardize the purpose of the contract, as well as obligations imposed to us by the contract in order to achieve the contractual purpose, which achievement makes the duly contract execution possible so that you may regularly rely, that they are observed.
(4) In case of breach of non substantial contractual obligations there is no liability in case of slight negligence.
(5) There is no error-free and/or all times available data communication via Internet, that can be provided by the current means of the technique. Therefore we are not liable for the continuous uninterrupted availability of the website and for the services offered there.
§ 6 Applicable Law, Place of Performance and Jurisdiction
(1) German law applies. In case of consumers this applies only so far this choice does not withdraw the protection by law at the habitual residence of the consumer via mandatory rules (favor-ability principle)
(2) In case you are not a consumer, but a merchant, legal entity under public law or legal public special fund, so place of fulfillment and court of jurisdiction for all business matters related to existing business relations is the city of our head office. Same refers to the case, you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The authority to appeal to a court in another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CIGS) do not apply.
II. Customer Informations (Part II)
1. Identity of the Seller
Am Kanal 11
15528 Spreenhagen / OT Hartmannsdorf
Phone: +49 – 30 – 12053730
There is an out-of-court on-line platform, provided by the European Commission under http://ec.europa.eu/odr to be used for on-line settlement of disputes (OS - platform).
2. Information about Contract Conclusion
The technical steps in order to conclude a contract, the contract itself and the possibilities of correction are given in accordance with § 2 of our Terms and Conditions (Part I).
3. Contract Language & Contract File
3.1. Contract language is German.
3.2. The full text of the contract is not filed by us. Prior submitting your order via the on-line - shopping cart system, the contract data can be either printed using the print function of the browser or saved electronically. The order data, the information required by law in case of distance contracts and our general Terms and Condition will be sent to you again via e-mail after order receipt.
3.3. In case of requests outside the on-line shopping cart system, you will receive all contract data as part of a binding offer by e-mail, which you can print or save electronically.
4. Main Features of the Product or Service
The essential characteristics of the goods and / or services are given in the item description and in the additional information available on-line on our website.
5. Price and Payment Methods
5.1. All prices given in the respective offers and all shipping costs refer to total prices. The total prices include all price components, inclusive all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are retrievable via a correspondingly designated button on our website or are listed in the respective product description. The shipping costs are shown separately in course of the order process and have to be paid by you in addition to the item price, so far no free shipment is promised.
5.3. The available payment methods are listed either under a correspondingly labeled button on our website or in the respective product item description.
5.4. Unless otherwise specified under the title of the payment condition, all payment claims resulting from the contract are immediately due for payment.
6. Delivery Terms
6.1. The delivery terms, the delivery time and any existing delivery restrictions are listed either under a correspondingly labeled button on our website or in the respective product item description.
6.2. In case you are a consumer, it is regulated by law, that the risk of accidental loss and accidental deterioration of the sold goods during the shipment passes to you with the delivery of the goods, regardless whether the shipment is insured or not. This does not apply in case you have commissioned a shipper, that has been not provided by the Seller, or you have authorized an other person or third party to fulfill the shipment.
In case you are an entrepreneur, supply and shipment are at your risk.
7. Statutory Warranty Rights
7.1. The warranty for our goods is governed by the rules "Warranty" in our Terms and Conditions (Part I).
7.2. We ask you as a consumer to check the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper as soon as possible about complaints. In case you fail to do so, this does not affect your statutory warranty claims.
These Terms and Conditions and Customer Information have been prepared by auttorney specialist of the Händlerbund specialized on IT law and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.
last update: 28.09.2016
All legal texts here above have been translated from German with due care. In case of discrepancies between the English and the German version, the German version shall prevail.