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General Terms & Conditions

General terms & conditions

 

1. Jurisdiction

The following terms and conditions apply to all orders placed in our online shop by consumers and entrepreneurs.

A consumer is every natural person that concludes a legal transaction with a purpose that predominantly can neither be allocated to their commercial nor to their independent professional activity. An entrepreneur is a natural person, an entity or an incorporated partnership that, when concluding a legal transaction, exercises their industrial or independent professional activity.

Towards entrepreneurs, these terms and conditions also apply to future business relations without us having to point out to them again. If the entrepreneur uses terms and conditions that contradict or extend ours, their validity is herewith contradicted; they become part of the contract only upon our explicit agreement.

 

2. Contracting Parties, Conclusion of Contract

The purchase agreement is concluded with ARTEBENE GmbH.

By placing products in our online shop, we submit a binding offer upon the conclusion of a purchase agreement on these articles. You can place our products in the shopping cart without further initial obligation and can edit your entries at any time before sending your binding order by using the proofing tools provided in the ordering process. The agreement is concluded when you accept the offer for the products included in the shopping cart by tapping the order button. You will receive a confirmation by email immediately once you have sent the order.

 

3. Vertragssprache, Vertragstextspeicherung

The language provided for the conclusion of of the contract is German.

We will store the contract text and send you the order details by email. You can check our terms and conditions on our website at any time. For security reasons, your past orders are no longer accessible via the internet.

 

4. Terms of Delivery

Shipping charges may be added to the stated product prices. Additional information on shipping charges can be found at our shipping information.

All orders are shipped and can unfortunately not be picked up at our premises.

Please note that a delivery to parcel lockers is not possible.

 

5. Payment

Our online shop generally offers the following ways of payment:

Payment in Advance
If you have chosen payment in advance as your way of payment, our bank details will be sent to you by separate email. Your order will be shipped upon receipt of your payment.

Credit Card
Your credit card details can be entered when you finalize your order.
Once you have been approved as the legal card owner, we will instruct your card company to initiate the payment transaction immediately upon receipt of your order. The payment transaction will be executed by the card company automatically and your card will be debited accordingly.

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to settle the invoice amount through PayPal, you need to have a PayPal account. If you do not have a PayPal account yet, you first need to register for one, legitimize yourself with your payment details and confirm your payment instruction to us. We will instruct PayPal to initiate the payment transaction upon receipt of your online order.
Immediately after that, PayPal will execute the payment transaction. Further information can be obtained during the ordering process.

 

6. Reservation of Ownership

The goods remain our property until payment has been received in full.
To entrepreneurs, the following applies in addition: We reserve ownership of the goods until full settlement of all claims that have arisen in a running business relationship. You may resell the reserved products in a regular business operation; all claims arising from this resale shall be transferred to us in advance to the amount of the invoice, regardless of a possible connection or combination of the reserved goods with a new matter, and we will accept this transfer. You shall remain entitled to collect these claims, we may, however, collect these claims ourselves, if you do not meet your payment obligations.

 

7. Transport Damage

The following applies to consumers:
If goods are delivered that have obviously been damaged during transport, please adress such damages towards the deliverer immediately if possible and get in touch with us without delay. Failing to communicate the complaint towards the deliverer or to contact us does not affect your legal rights, especially your warranty rights, or their execution. However, you will help us to raise a claim towards the carrier or the transport insurance.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have handed the subject over to the freight agent, the carrier or to any other party in charge of transport. Among business people, the obligation of inspection, notification and rejection in accordance with section 377 of the German Commercial Code (Handelsgesetzbuch) applies. If you fail to execute the announcement as laid down therein, the goods are deemed accepted, unless it is a defect which has not been apparent during inspection. This does not apply if we have maliciously concealed a defect.

 

8. Warranty and Guarantees

To the extent not governed by a conflicting provision in the below, the statutory warranty rights apply. For consumers, the period of limitation for claims based on defects of used products is one year from delivery of the merchandise.
For entrepreneurs, the period of limitation for claims based on defects is one year from transfer of risk; the statutory periods of limitation for the rights of recourse according to section 478 of the German Civil Code (Bürgergesetzbuch) remain unaffected.
For entrepreneurs, solely our own details and the manufacturer's product descriptions that have been included in the contract are valid as an agreement upon the merchandise's quality; we assume no liability for public statements or other advertising statements given by the manufacturer.
If the supplied product is defective, we shall first furnish a warranty at our discretion by either remedying the effect (rectification) or delivering an item which is free of defects (replace delivery).
The limitations as well as the reductions of the time-limits mentioned above do not apply to claims based on defects that have been caused by us, our legal representatives or vicarious agents.

  • in the event of fatalities, physical injuries or damages to health
  • in the event of intentional or grossly negligent breach of duty as well as malice
  • in the event of breach of material contractual obligations, which have a particular importance for achieving the purpose of the contract and which the contractual partner can therefore consider to be fulfilled (major obligations)
  • in the framework of an independent guarantee where agreed
  • provided that the scope of the product liability law has been opened

Information on additional guarantees, where applicable, and their specific conditions can be found by the individual product as well as on dedicated information sites in our online shop.

Customer Service: anytime by email on support@artebene.de

 

9. Liability

We are generally liable without limitation for all claims based on defects caused by us, our legal representatives or vicarious agents.

  • in the event of fatalities, physical injuries or damages to health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the event of an independent guarantee where agreed, or
  • provided that the scope of the product liability law has been opened.

In the event of breach of material contractual obligations, which have a particular importance for achieving the purpose of the contract and which the contractual partner can therefore consider to be fulfilled (major obligations), caused by slight negligence of us, our legal representatives or vicarious agents, the extent of liability is limited to the damage foreseeable at conclusion of the contract, the emergence of which has to be typically expected. Otherwise, claims for compensation are excluded.

 

10. Dispute Resolution
The Euorpean Commission provides a platform for Online Dispute Resolution (ODR) which can be found on http://ec.europa.eu/consumers/odr/ .

 

11. Final Provisions

If you are acting as an entrepreneur, German law applies under exclusion of UN Sales Convention (CISG).

If you are a businessman in the sense of the German Commercial Code (HGB), a legal entity established under public law or special fund under public law, our registered office is the sole court of jurisdiction for all disputes arising from contractual relationships between us and you.

 

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