General terms and conditions
contract conditions in the context of contracts of sale concluded over the internet platform
Papenfuss Leisten- und Bilderrahmenfabrik GmbH, Haubargtwiete 4, 22880 Wedel, Germany, Tel.: +49 40 864477, e-mail: firstname.lastname@example.org, entered in the Commercial Register (Handelsregister) of the local court of Pinneberg under HRB 2935, represented by the managing director Ottar Harmstorf, value added tax identification number DE 134783192 - hereinafter referred to as “offerer” -
the customers described in §2 of the contract – hereinafter referred to as “customer”.
§ 1 scope, definitions
(1) The following general terms and conditions apply exclusively for the business relationship between the webshop offerer (hereinafter “offerer”) and the customer (hereinafter “customer) in the version valid at the point in time of the order. Any differing general terms and conditions of the customer are not recognised unless the offerer expressly agrees to their validity in writing.
(2) The customer is a consumer as long as the purpose of the ordered deliveries and performances cannot be linked predominantly to his commercial or independant professional activity. In contrast, any natural or legal person or incorporated partnership, acting in the execution of its commercial or independent business activity when concluding the contract, is a business.
§ 2 conclusion of contract
The product descriptions in the online shop of the offerer do not represent binding offers by the offerer but serve as the basis for a legally binding offer by the customer.
(1) The customer can select maritime paintings and other pieces of maritime art from the range of products of the offerer and collect these in a so-called “basket” by pressing the button “Add to basket”. By clicking on the button "Buy now", the customer makes a binding request to purchase the goods contained in the shopping cart. The customer may change and view the data at any time before placing the order. However the request can only be submitted and transmitted if the customer has accepted and hereby added these general terms and conditions to his request by clicking the checkbox in front of “I have read and accepted the general terms and conditions.”
(2) The offerer then will send an automated notice of receipt by e-mail to the customer in which the order is listed again and which can be printed by the customer by using the “print” function. The automated notice of receipt only documents that the order was reveived by the offerer does not constitute any acceptance of the order. The contract is only concluded when the offerer confirms the contract by a declaration of acceptance that is sent in a separate e-mail (confirmation of order). In this e-mail or in a separate e-mail but at the latest by delivery of the product, the wording of the contract (consisting of the order, the terms and conditions and the confirmation of order) are sent to the customer by us on a durable medium (e-mail or hardcopy) (affirmation of contract). The wording of the contract is stored while respecting data protection.
(3) The conclusion of contract is carried out in German or English language.
§ 3 delivery, product availability
(1) Delivery times specified by us are calculated from the time of our confirmation of the order, payment of the purchase price in advance assumed. As long as no delivery time or a different delivery time is specified for the particular product in our online shop it is 14 days.
(2) If the product selected by the customer is not available any more at the purchase order date of the customer the offerer will notify the customer about this immediately. In this case the offerer will refrain from issuing a declaration of acceptance, a contract will not be concluded.
§ 4 reservation of title
The delivered products remain property of the offerer until complete payment.
§ 5 prices and shipping costs
(1) All prices indicated on the website of the offerer each include the valid statutory value added tax unless specifically noted otherwise.
(2) The corresponding shipping costs are displayed to the customer in the order form and are to be payed by the customer if the customer does not exercise his right of withdrawal.
(3) The goods ordered are dispatched by forwarding agent or DHL. The offerer bears the risk of dispatch if the customer is a consumer.
(4) The customer has to pay for the direct costs of reshipment in case of exercising his right of withdrawal.
(5) In case of collection by the customer the offerer at first informs the customer by e-mail that the products ordered by the customer are ready for collection. After receiving this e-mail, the customer may collect the goods at the head office of the offerer after consultation with the offerer. In this case no shipping costs are being charged.
§ 6 payment methods
(1) The customer may make his payment via advance payment by bank transfer, credit card or PayPal. In case of collection by the customer the addtitional payment methods cash payment, debid card (GiroCard (EC-Cash)) and credit card (Visa and MasterCard) are available.
(2) The customer can change the method of payment stored in his user account at any time.
(3) The payment of the purchase price is due immediately with conclusion of the contract. If a due date for payment has been specified by reference to the calendar, the customer already defaults by exceeding the due date. In this case he has to pay the offerer default interest in the amount of 5 percentage points above the base rate.
(4) The customer's obligation to pay default interest does not foreclose the enforcement of further damages caused by delay by the offerer.
§ 7 material deficiencies warranty, guarantee
(1) The offerer is liable for product defects according to the relevant legal regulations, specifically §§ 434 ff BGB. The warranty period for goods delivered to entrepreneurs by the offerer is 12 months.
(2) An additional guarantee for goods delivered by the offerer only exists if explicitly issued in the confirmation of order for the respective article.
§ 8 liablility
(1) Compensation claims by the customer are excluded. This exclusion does not apply to compensation claims by the customer arising from injury to life, body and health or the breach of major contractual obligations (cardinal obligations) as well as the liability for other damages resulting from from a deliberate or grossly negligent breach of duty by the offerer, his legal representatives or vicarious agents. Major contractual obligations are obligations needing to be fulfilled for reaching the goal of the contract.
(2) In case of violation of major contractual obligations the offerer is only liable for the damage forseeable and typical for the contract if it was caused by simple negligence, unless compensation claims by the customer arising from damage to life, body and health are concerned.
(3) The limitations of para. 1 and 2 also apply in favor of legal representatives and vicarious agents of the offerer if claims are made directly against them.
(4) The liability limitations resulting from para. 1 and 2 do not apply if the offerer maliciously concealed the defect or assumed a guarantee for the condition of the good. This also applies if the offerer and the customer made an agreement about the condition of the good. The regulations of the product liability act remain untouched.
(5) The customer is obliged to inform the deliverer about delivered good with obvious transport damage and notify the seller thereof. The customer bears the disadvantages resulting from infringement of this obligation. If the customer fails to meet his obligation this however does not affect his other legal and contractual claims based on defects.
§ 9 final clause
(1) Contracts between the offerer and the customers are subject to the laws of the Federal Republic of Germany to the exclusion of the UN-Convention on Contract for the International Sale of Goods (CISG). The legal regulations concerning the limitation of the choice of law and the applicability of mandatory reguations, especially of the country where the customer has his main residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, jurisdiction for all litigations arising from contractual relationships between the customer and the offerer is the jurisdiction of the offerer.
(3) Even if parts of the contract are legally invalid, the contract remains binding in its other parts. The invalid parts are replaced by the legal provisions if available. If this would entail an unreasonable hardship for one party to the contract, the entire contract becomes invalid.
§ 10 alternative dispute resolution
(1) The EU commission provides a platform for online dispute resolution on the internet via the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes resulting from online contracts of sale or contracts for the provision of services involving a customer.
(2) The offerer is neither obliged nor willing to participate in a dispute resolution procedure at an independent consumer arbitration service.