Terms of Service
General terms and conditions with customer information
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Warranty for defectsg)
8. Applicable law
9. Alternative dispute resolution
1.1 These General Terms and Conditions hereinafter "GTC" of Patrick Wagner, acting under "90Art" hereinafter "Seller", apply to all contracts for the delivery of goods that a consumer or entrepreneur subsequently customer with the seller regarding the seller's online Shop shown goods completes. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.reinbart.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2 conclusion of contracts
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form by fax or email, whereby the receipt of the order confirmation by the customer is decisive, orer
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 If the payment type "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg in the following: Amazon, under the Amazon Payments Europe user agreement, can be viewed at https: // payments.amazon.de/help/201751590. If the customer selects Amazon Payments as a payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.slöst.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form after the order has been sent. B. Email, fax or letter. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer using his password-protected user account and specifying the corresponding login data.n.
2.7 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3 right of withdrawalt
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4 Prices and terms of paymentn
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not shown because the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions, e.g. Transfer fees, exchange rate fees or import duties or taxes e.g. Duties. Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.mmt.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If the payment type SOFORT is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, hereinafter referred to as SOFORT. In order to be able to pay the invoice amount via SOFORT, the customer must have an online banking account activated for participation in SOFORT, legitimize himself accordingly during the payment process and confirm the payment instruction to SOFORT. The payment transaction is carried out by SOFORT immediately afterwards and the customer's bank account is debited. The customer can call up more information on the IMMEDIATE payment method on the Internet at https://www.klarna.com/sofort/.sofort/ abrufen.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland hereinafter "Stripe". The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe can use other payment services to process payments, to which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.r.
5 Delivery and shipping conditionsn
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 Pick-up is not possible for logistical reasons.
6 retention of titlet
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7 Warranty for defectsng)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8 Applicable lawt
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
9 Alternative dispute resolutiong
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.