Terms & Conditions
Terms & Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions ("T&C") of Anne Geldermann, trading as "Anne Geldermann Art" ("Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur ("Customer") and the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the cart by clicking the button that completes the order.
2.3 The Seller may accept the Customer's offer within five days by sending a written order confirmation or an order confirmation in text form (fax or email), or by delivering the ordered goods to the Customer, or by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives apply, the contract is concluded at the time the first of these alternatives occurs. The acceptance period begins the day after the Customer submits the offer and ends at the close of the fifth day following submission. If the Seller does not accept the offer within this period, it shall be deemed rejected and the Customer shall no longer be bound by their declaration of intent.
2.4 When selecting a payment method offered via PayPal, payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's terms of use available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the conditions for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.
2.5 After conclusion of the contract, the Seller will store the contract text and transmit it to the Customer in text form (e.g. email). No further provision of the contract text will be made. If the Customer created a user account prior to ordering, order data will be archived on the Seller's website and can be accessed free of charge via the Customer's password-protected account.
2.6 Before submitting a binding order, the Customer can identify and correct input errors by carefully reading the information displayed on screen. The browser's zoom function may assist in detecting errors. Inputs can be corrected using standard keyboard and mouse functions until the order-completing button is clicked.
2.7 The contract language is English.
2.8 Order processing and communication are generally conducted by email and automated order processing. The Customer must ensure that the email address provided is correct so that emails from the Seller can be received. The Customer must also ensure that spam filters do not block emails from the Seller or third parties involved in order processing.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details regarding the right of withdrawal are set out in the Seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description, prices shown are total prices inclusive of statutory VAT. Any additional delivery and shipping costs will be stated separately in the product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise that are not the responsibility of the Seller and must be borne by the Customer. These include bank transfer fees, exchange rate charges, or import duties and taxes.
4.3 Available payment methods will be communicated to the Customer in the online shop.
4.4 When selecting a payment method via PayPal, payment is processed through PayPal, which may also use third-party payment services. If the Seller offers payment methods via PayPal that involve advance payment (e.g. purchase on account or installment payment), the Seller assigns the payment claim to PayPal or the payment service provider named by PayPal. Prior to accepting the assignment, PayPal or the designated provider will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in case of a negative result.
4.5 When selecting a payment method via Shopify Payments, payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Further information is available at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 Where the Seller offers shipping, delivery will be made to the address provided by the Customer within the stated delivery area. The delivery address entered during checkout is decisive. For PayPal payments, the delivery address stored in the Customer's PayPal account at the time of payment applies.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to outbound shipping costs where the Customer validly exercises their right of withdrawal.
5.3 For entrepreneur customers, risk passes to the Customer upon handover to the carrier. For consumer customers, risk generally passes upon delivery to the Customer or an authorized recipient. An exception applies where the Customer has commissioned the carrier independently and the Seller has not named that carrier.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply, provided this is not attributable to the Seller and a specific cover transaction was concluded with due care. The Customer will be informed promptly in the event of non-availability and any payment will be refunded without delay.
5.5 Collection in person is not possible for logistical reasons.
6) Retention of Title
Where the Seller provides advance performance, the delivered goods remain the property of the Seller until full payment of the purchase price has been received.
7) Liability for Defects (Warranty)
Unless otherwise stated below, statutory warranty provisions apply. The following exceptions apply to contracts for the delivery of goods:
7.1 Where the Customer is an entrepreneur: the Seller has the right to choose the type of remedy; the limitation period for defect claims on new goods is one year from delivery; defect claims on used goods are excluded; the limitation period does not restart upon replacement delivery.
7.2 The above limitations do not apply to claims for damages or reimbursement of expenses, cases where the Seller fraudulently concealed a defect, goods used in construction that caused a defect, or the Seller's obligation to provide updates for digital products.
7.3 For entrepreneurs, statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 Where the Customer is a merchant under Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects under Section 377 HGB applies. Failure to comply results in the goods being deemed approved.
7.5 Where the Customer is a consumer, they are requested to report visible transport damage to the carrier upon delivery and notify the Seller. Failure to do so does not affect the Customer's statutory or contractual warranty rights.
8) Liability
8.1 The Seller is liable without limitation for intent or gross negligence, intentional or negligent injury to life, body or health, guarantees given, and mandatory liability such as under the Product Liability Act.
8.2 For negligent breach of a material contractual obligation, liability is limited to foreseeable, typical damages. Material contractual obligations are those whose fulfillment makes proper performance of the contract possible and on which the Customer may regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions also apply to the Seller's liability for vicarious agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of protection under mandatory provisions of the law of their country of habitual residence.
10) Alternative Dispute Resolution
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.