General Terms and Conditions of Business
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting parties, conclusion of contract, possibilities of correction
The contract of sale is concluded with Belle Arti Berlin.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.
When you place your order, you enter your credit card details and the credit card company carries out an authorisation check. After your legitimation as a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged when you place the order. At the time of the credit card charge, the contract with us is concluded.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English.
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. DELIVERY TERMS
In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
In principle, you have the possibility to pick up the goods at Roberto Fischetti, Friedrichstraße 213/214, Berlin, Germany during the following business hours: By arrangement
In our shop you can choose between the following payment methods:
If you choose the prepayment method, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
With the submission of the order you give your credit card data. After your legitimation as a legitimate cardholder the payment transaction will be carried out automatically and your card will be charged.
During the order process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
6. right of revocation
Consumers are entitled to the legal right of revocation, as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of withdrawal.
7. retention of title
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. transport damages
The following applies to consumers: If goods are delivered with obvious transport damages, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. WARRANTY AND GUARANTEES
Unless otherwise expressly agreed below, the statutory warranty for defects shall apply.
In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods vis-à-vis entrepreneurs; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties that may apply and their exact conditions can be found in each case with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 10:00 am to 6:00 pm under the telephone number 0302519298 and by e-mail at firstname.lastname@example.org.
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in case of warranty promises, if agreed, or
- if the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. CODE OF CONDUCT
We have submitted to the following codes of conduct:
- Trusted Shops quality criteria
12. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
If you are a businessman, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB [https://shop.trustedshops.com/de/rechtstexte/] created with the Trusted Shops [https://shop.trustedshops.com/de/] legal text editor in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].