Conditions of Use

General Terms and Conditions of Business


§1 General Information

1. In respect to business relations of all types between grafikartig.de and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively.

2. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the ‘Send Order’ button, customers agree to buy the goods in the cart, and this order is legally binding. The customer receives an order confirmation immediately after the order is transmitted. The sales contract becomes effective on receipt of our separate order confirmation or the delivery of goods.

We then store the text of the contract and email the order data and a link to the General Terms and Conditions to the customer. The customer is able to view all prior orders after logging in to the customer service pages of our website.

3. Grafikartig.de reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that futher legal claims be raised by the customer against grafikartig.de.

4. The contractual language is German.


§2 Delivery

1. If the customer is an entrepreneur (§ 14 German Civil Code), delivery shall generally be at the customer’s risk. This shall also apply for partial deliveries. If the customer is a consumer in the sense of § 13 German Civil Code, the risk of accidental destruction and accidental deterioration of the purchased object shall only pass to the customer at handover of the object even if the object is shipped. The purchaser entering in acceptance default shall be equal to handover. Delivery shall be to the delivery address specified by the customer.

2. All prices are in cash, including value-added tax/sales tax, as well as other ensuing charges for packaging, handling and transportation.

3. Domestic shipments within Germany are free of charge. We post the shipping charges for International deliveries at shipping. In case the goods are shipped to a foreign country outside the European trading zone, the customer also bears the tariffs and fees.

4. Minimum purchase is 25 EUR.

5. The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectable transportation and packaging damages are to be confirmed in written form by the transportation company upon delivery and reported by the customer.

6. In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.


§3 Rights of Refund

1. statutory right of withdrawal
The customer (as a consumer according to section 13 of the German Civil Code (BGB)) may withdraw from the contract in writing (e.g. letter, email) within 14 days without giving any reason or - if the item has been delivered before expiry of said term - by returning the goods. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before the information duties according to article 246 section 2 German Civil Code (EGBGB) in combination with section 1 subsection 2 German Civil Code (EGBGB) as well as section 312g, subsection 1 German Civil Code (BGB) in combination with article 246 section 3 German Civil Code (EGBGB) have been fulfilled. The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion. The notice of withdrawal has to be addressed to:

grafikartig.de
Büro Andre Schmidt
Teutoburger Str.117
46145 Oberhausen
Germany
E-Mail: info@grafikartig.de

2. The Consequences of Cancelation In case of an effective cancelation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate us for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them – e.g. the way a customer in a brick and mortar store may evaluate merchandise. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. Objects suitable for shipment shall be returned at our own risk. The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, if at the time of cancelation the customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the customer may return the merchandise free of charge. Objects not suitable for shipment by parcel post shall be picked up at the customer’s premises. The obligation to return received payments shall be fulfilled within 30 days. For the customer the grace period starts with the date the cancelation is sent or the object is returned; for the vendor, grafikartig.de the grace period begins with the receipt of the cancelation or the returned goods.

3. Financed Business Transactions In case the vendor finances the transaction through a loan and the customer cancels the transaction, the customer is no longer legally bound by the terms of the loan agreement, provided the two agreements constitute an economic unit. This is the assumption when we act toward the customer as the vendor and the lender or in case we assist the customer in securing the loan. If at the time of the cancelation or the return of the goods we have already become the beneficiary of a granted loan, then the lender shall step into our rights and obligations toward the customer as far as they are the result of the financed agreement.

4. Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the customers specifications. The same applies for products which due to their nature are unsuitable for a return, such as perishable products or products where the expiry date has passed. Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal.

5. The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, if at the time of cancelation the customer has not performed as stipulated (not having made the contractually agreed payment). Otherwise grafikartig.de shall bear the costs of returning the merchandise.“Free-Way coupons” are available for this purpose (there is no requirement to assume the costs of returning merchandise in case of a return; when returning merchandise without a Free-Way coupon we request that you refrain from using express delivery or delivery where postage is not prepaid). In case merchandise is unsuitable for shipment by parcel post, we will commission a forwarding agent to pick up the merchandise.

Grafikartig.de regrets not to be able to carry the shipping costs for return shipments from foreign countries.


§4 Warranties and Claims for Damages

1. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by grafikartig.de, are not protected by warranty.

2. Naturally occurring signs of wear are equally excluded from warranty protection.

3. Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.

4. Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 5 have been fulfilled. This in turn does not hold true if the customer is a “consumer” in the sense defined by § 13 German Civil Code [Bürgerliches Gesetzbuch/BGB].

5. The warranty period for new objects shall be 24 months. The period shall commence upon transfer of risk. The warranty period for used objects shall be 12 months deviatingly if grafikartig.de is not liable without limitation pursuant to § 5, item 7, in particular for violation of life, body and health. If the customer is an entrepreneur in the sense of §14 German Civil Code, the warranty period for new objects shall be one year, and for used objects six months after passing of the risk.

6. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.

7. Grafikartig.de. is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of grafikartig.de or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of grafikartig.de is limited to foreseeable damages alone.


§5 Due Dates and Payment Conditions

1. Invoices sent by grafikartig.de – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay. Payment is to be made in cash on delivery – if the customer pays by credit card or makes a prepayment, they shall receive free delivery. A direct debit shall be made for credit card payments following issue of the invoice and shipment of goods. The invoice total shall be reserved on the customer’s credit card directly after placement of an online order.

2. Grafikartig.de reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.

3. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event grafikartig.de is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.


§6 Reservation of Ownership

1. Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of grafikartig.de, to the extent the customer is a businessman or businesswoman in the sense of the German Commercial Code. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Bürgerliches Gesetzbuch/BGB], grafikartig.de reserves its right of property until the full remittance of the purchase price.

2. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of grafikartig.de. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between grafikartig.de and the customer, including interest and any subsidiary demands to be brought against grafikartig.de. Grafikartig.de accepts this relinquishment of rights.


§7 Place of Execution and Place of Jurisdiction

1. Legal jurisdiction is exercised by the Federal Republic of Germany exclusively.

2. The place of execution for all services and products negotiated in business transactions with grafikartig.de is Oberhausen, Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.

3. If the customer is a businessman, legal entity of public law or public special tfund, Düsseldorf shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.


§8 Final Clause

Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.
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