Terms of Service
§ 1 Scope, customer information
The following general terms and conditions govern the contractual relationship between Janine Ullrich and Karl Johannes Ullrich, Kunstschuppen Dresden GbR (hereinafter Kunstschuppen Dresden GbR) and the consumers and entrepreneurs who buy goods and services through our shop. Conflicting or deviating from our terms and conditions are not recognized by us. The contract language is German.
§ 2 contract conclusion
(1) The offers on the Internet are a non-binding invitation to you to order goods and services.
(2) After entering your data and clicking on the "order to pay" button, you submit a binding offer to conclude a purchase agreement.
(3) We are entitled to accept your offer within ten working days by sending the goods or a separate order confirmation by e-mail. After fruitless expiry of the period mentioned in sentence 1, your offer will be deemed rejected, i. You are no longer bound to our offer.
§ 3 Unavailability of the service
3.1 Each offer is subject to self-supply; If the ordered goods are not available because Kunstschuppen Dresden GbR is not foreseeably and unencumbered by its supplier when the contract is concluded, Kunstschuppen Dresden GbR has the right to withdraw from the contract. In this case, Kunstschuppen Dresden GbR will inform the customer immediately that a delivery is not possible, and immediately reimburse him any already paid purchase price. This right applies to consumers only if Kunstschuppen Dresden GbR has concluded a concrete cover transaction and was not supplied by the supplier.
3.2 A liability for damages due to non-fulfillment is excluded, as far as Kunstschuppen Dresden GbR has not acted with gross negligence or intent in terms of lack of availability, any liability for pre-contractual fault (c.i.c.) remains unaffected. In the case of a wrong delivery within the meaning of § 434 III BGB, the consumer is entitled to the legally prescribed rights without restriction.
§ 4 prices, shipping costs
4.1 The excellent prices are final prices - Due to the small business status acc. § 19 UStG, we charge no sales tax and therefore do not exclude them. Accidental misalignments are possible; In case of doubt it is not binding on the Internet portals or in any other form, but the price confirmed in the declaration of acceptance by Kunstschuppen Dresden GbR. If the excellent price deviates by more than 20% from the usual market price, the buyer has a duty to inquire about the correctness of the excellent price.
4.2 From an order value of EUR 70.00 and advance payment as payment, Kunstschuppen Dresden GbR delivers within the FRG packaging and shipping free (after any return). For orders up to EUR 70.00, a packing and shipping fee within Germany of EUR 1.95 will be charged. For all shipments to other EU countries and other third countries calculated Kunstschuppen Dresden GbR actually incurred shipping costs. Please inform yourself about possible customs clearance or import costs in advance.
§ 5 Payment, due date and delay
5.1 The purchase price for the goods and their shipping costs is due immediately and in advance.
5.2 The obligation to pay is due at the latest when the goods are handed over to the customer. Kunstschuppen Dresden GbR is entitled to provide partial deliveries; the purchase price will be proportionally due to the partial delivery. The goods delivery is accompanied by an invoice receipt. The invoice amount is to be paid in one sum. After expiry of 30 days after the goods have been properly received and the invoice has been received, the purchaser will automatically be in default of payment (§ 286 III BGB); this applies to a consumer only with a corresponding warning in the respective invoice. The legal regulations regarding the consequences of late payment apply.
5.3 Kunstschuppen Dresden GbR is entitled to withdraw from the contract in the event of late payment after fruitless deadline.
5.4 The purchaser shall be liable for any negligence and for the accidental loss of the goods provided or already delivered to Kunstschuppen Dresden GbR during the delay in payment (§ 287 BGB). If the customer does not accept the properly delivered goods - without making use of any right of revocation or return in the case of consumer goods purchase, he owes in the case of default of acceptance in particular the additional costs incurred, for example, the additional costs incurred due to the multiple delivery attempt or any storage costs, Administrative costs, etc. (§ 304 BGB); Kunstschuppen Dresden GbR is in default of acceptance simply negligent acting no longer responsible (§ 300 BGB). Default of acceptance occurs in particular if the customer is not personally present at the specified delivery date at the specified delivery address. Insofar as the customer seriously and finally refuses acceptance unjustified, Kunstschuppen Dresden GbR may withdraw from the contract and in particular assert the lost business profit as compensation for damages (§ 325 BGB)
§ 6 Customer information: storage of your order data
Your order with details of the contract (such as product type, price, etc.) will be stored by us. We will send you the terms and conditions, but you can also access the terms and conditions after conclusion of the contract at any time via our website.
§ 7 Customer Information: Correction Notice
You can correct your entries at any time before placing the order with the delete key. We will inform you on the way through the ordering process about further correction options. You can also end the ordering process at any time by closing the browser window.
§ 8 Retention of title
The purchase remains our property until full payment.
§ 9 Return Cost Agreement Agreement on the cost bearing: Make use of your right of withdrawal, you have to bear the regular cost of the return.
§ 10 Limitation of your warranty claims
(1) Warranty for consumers of used goods - Your claims for defects in used goods become time-barred after one year from the delivery of the goods sold to you. Excluded from this regulation are claims for damages, claims for defects which we fraudulently concealed, and claims from a guarantee which we have assumed for the quality of the goods. For these excluded claims, the statutory limitation periods apply.
(2) Guarantee to entrepreneurs
Your warranty claims due to defects in the purchased goods become statute-barred one year after the transfer of risk. Excluded from this regulation are claims for damages, claims for defects which we fraudulently concealed, and claims from a guarantee which we have assumed for the quality of the goods. Also excluded is the recourse claim under § 478 BGB. For these excluded claims, the statutory limitation periods apply.
§ 11 Limitation of Liability
We exclude the liability for slightly negligent breaches of duty, as far as they do not concern essential contractual obligations, damages from the injury of the life, the body or the health, guarantees or claims according to the product liability law. The same applies to breaches of duty by our vicarious agents and our legal representatives. One of the essential contractual obligations is in particular the obligation to hand over the matter to you and to give you the ownership of it. Furthermore, we have to procure the matter free of material and legal defects. The provisions of the Product Liability Act remain unaffected by these limitations of liability.
Regardless of a fault of Kunstschuppen Dresden GbR, any liability for fraudulent concealment of a defect or the assumption of a guarantee or assurance remains unaffected. The manufacturer's warranty is a guarantee of the manufacturer and does not constitute a guarantee by Kunstschuppen Dresden GbR.
Kunstschuppen Dresden GbR is also responsible for the impossibility of delivery occurring during the delay by accident, unless the damage would have occurred even if timely delivery.
§ 12 commercial jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business (Dresden, Germany), if you are a merchant.
§ 13 Packaging material, batteries
The packaging materials sent by Kunstschuppen Dresden GbR can be disposed of by the customer himself. But it is also possible to send back the materials used to Kunstschuppen Dresden GbR.
§ 14 Sonstiges
14.1 Alle mit Kunstschuppen Dresden GbR abgeschlossenen Verträge im Sinne von § 1 unterliegen ausschließlich dem Recht der Bundesrepublik Deutschland unter ausdrücklichem Ausschluss des U.N.-Kaufrechts.
14.2 The place of jurisdiction for all current and future claims arising from the business relationship with entrepreneurs, including bills of exchange and check claims, is the registered office of Kunstschuppen Dresden GbR; The same applies to consumers, unless the customer has a general place of jurisdiction in Germany, relocated after the conclusion of the contract his domicile or habitual residence from the domestic or his domicile or habitual residence at the time the action is not known.
14.3 In business transactions with companies, the joint place of performance of the parties is the registered office of Kunstschuppen Dresden GbR.
14.4 If the customer is an entrepreneur, the inclusion of its terms and conditions is contradicted; in the case of a dissent in individual parts, the entire contract is deemed not closed (§ 139 BGB).
14.5 Notices and declarations to Kunstschuppen Dresden GbR are to be made in writing if the customer is a consumer; If the purchaser is an entrepreneur, these declarations and notifications must be submitted by registered mail. Contractual agreements or declarations of the user remain unaffected by this regulation.
14.6 Should one of the above conditions not be effective, this does not affect the validity of the remaining provisions
_________________________________________________________________________________________________________________________
Cancellation
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us:
Kunstschuppen Dresden GbR
Janine & Johannes Ullrich
Meußlitzer Straße 54
01259 Dresden
Germany
http://www.Kunstschuppen-Dresden.de
Kontakt@Kunstschuppen-Dresden
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
consequences of Withdrawal:
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
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 immediately and in any event no later than within twenty-one days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of twenty-one days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Special notes on the right of withdrawal:
The right of withdrawal of the purchaser expires prematurely if his contractor has started to execute the service with his express consent before the end of the revocation period or the purchaser has arranged it himself (eg by a download initiated by the purchaser, etc.).
A right of withdrawal of the purchaser is not included in particular
- the delivery of goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable for the return due to their nature or can quickly spoil or whose expiration date has been exceeded (§ 312 d IV No. 1 BGB);
- Audio or video recordings (for example CDs, video cassettes, DVDs) or software if these products have been unsealed by the customer (§ 312 d IV No. 2 BGB);
- In the case of combined transactions within the meaning of § 139 BGB, the revocation of an integral part of the contract shall cancel the right of revocation altogether, provided the parts form an economic unit.
Model withdrawal form (If you want to cancel the contract, please fill in this form and send it back.) -An Kunstschuppen Dresden GbR, Meußlitzer Strasse 54, 01259 Dresden, Germany, E-Mail: kontakt@kunstschuppen-dresden.de
Hereby I / we (*) hereby revoke the contract concluded by me / us for the purchase of the following goods
(*) / providing the following service (*)
-Ordered on (*)
/received at (*)
-name of the consumer (s)
Address of the consumer (s)
- signature of the consumer (s) (only if notified on paper)
-Date
(*) Delete as appropriate
End of revocation
