General terms and conditions of business
General terms and conditions of business
1. GENERAL
- These General Terms and Conditions (“Terms and Conditions”) apply exclusively to all contracts for the purchase of goods in the seller’s online shop at artful-vandalism.com. Differing terms and conditions of the customer do not apply unless the seller has expressly confirmed them in writing.
- Agreements made with the customer in individual cases take precedence over these general terms and conditions.
2. CONCLUSION OF CONTRACT
- The goods presented in the online shop do not yet represent a legally binding offer from the seller. Only the customer's order is a legally binding offer that the seller can accept.
- The ordering process begins with the selection of items that the customer can add to the shopping cart. The customer can view an overview of all items in the shopping cart and delete individual items from the shopping cart at any time by clicking on the “shopping cart” symbol. After selecting the “Check-out” button, the customer provides their contact information and a delivery address. In the next step, the customer selects a shipping option. The customer then selects one of the payment methods offered. In the last step, the customer receives an overview of the data of his order and the prices and shipping costs. The customer places a legally binding order by clicking on the “Buy” button.
- The order is accepted by requesting payment.
3. RIGHT OF WITHDRAWAL
-
Consumers have a legal right of withdrawal. Further information can be found in the seller's cancellation policy.
4. SUBJECT TO AVAILABILITY
- The seller is entitled to withdraw from the contract if he has properly ordered the goods from a supplier, but has not received them correctly or on time and is not responsible for the non-delivery. The seller is obliged to inform the customer immediately about the unavailability and to immediately reimburse any consideration already received.
- The seller assumes no procurement risk and is only obliged to deliver from its stock of goods or the goods ordered from its suppliers.
5. PRICES; PAYMENT
- The item prices displayed are total prices and include statutory sales tax. Shipping costs are shown separately.
- If the customer exercises his right of withdrawal after receiving the goods, he is obliged to pay the shipping costs for the return.
- The buyer is obliged to pay the purchase price in advance. The goods will only be dispatched after receipt of payment.
- The following payment methods are generally available to you in our shop:
- Credit card
-
When you submit your order, you provide your credit card details. Your card will be charged immediately after you place your order.
SEPA direct debit procedure
By submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is any business day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal legitimize with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.Sofort by klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, and log in with your access data legitimize and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser and be registered with Apple and use the Apple Pay function activated, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
6. RETENTION OF TITLE
- The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled.
7. DELIVERY
- The ordered goods will be shipped to the delivery address specified by the customer. If the goods are returned to the seller for reasons for which the customer is responsible, the customer will bear the additional costs for return shipping and re-shipping.
- The delivery time for individual goods is stated in the item descriptions. If a delivery period is not specified in the item description, this is ten (10) working days from receipt of payment.
- In the event of delivery delays due to force majeure or operational disruptions, the delivery period is extended by the duration of the disruption, but a maximum of three weeks.
- If a payment from the customer cannot be allocated due to missing or incorrect information, the delivery period only begins after the customer has provided the required information.
8. DEFECTS, BURDEN OF PROOF
- The goods are free of material defects if they have the agreed quality at the time of transfer of risk. The quality can be found in the item description. For used goods, signs of wear and tear are part of the agreed condition.
- The customer must prove that a material defect already existed when the risk was transferred and was not caused by wear and tear or improper handling after the transfer of risk. If the customer is a consumer and a material defect becomes apparent within six months of the transfer of risk, it is presumed that the item was already defective when the risk passed, unless this assumption is incompatible with the nature of the item or the defect.
9. STATUTORY RIGHTS FOR DEFECTS, STATUTE OF LIMITATIONS
- If there is a material defect, the buyer can demand subsequent performance. Only if subsequent fulfillment fails does the buyer have the further statutory defect rights under Section 437 of the German Civil Code (BGB).
- In the case of used goods, the buyer's warranty rights expire one year from delivery of the goods. Used items contain the note “used or refurbished” in the item description.
10. WARRANTIES
- The seller does not provide any warranty for any type of products. The 14 day right of withdrawal applies.
11. SUPPLEMENTATION
- If the goods are defective, the customer can, at his discretion, request that the defect be remedied or that a defect-free item be delivered. The seller must bear the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs.
- The seller can refuse the type of supplementary performance chosen by the customer if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether another type of supplementary performance could be used without significant disadvantages for the customer must be taken into account. In this case, the customer's claim is limited to the other type of supplementary performance; The seller's right to refuse this under the conditions of sentence 1 remains unaffected.
- The customer must give the seller the time and opportunity necessary for the subsequent fulfillment owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the customer must return the defective item.
12. FINAL PROVISIONS
- The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
-
The following link from the EU Commission (also called the OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts: https://ec.europa.eu/consumers /odr/main/index.cfm?event=main.
show&lng=DE - The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.