General Business Conditions for the Online Shop
www.forbidden-signs.com
1. Scope
1.1. These General Business Conditions apply to all business relationships between the shop operator (artconcept GmbH, referred to herein after as ac) and its customers in the respective version valid at the time of the contract being closed.
1.2. These GBCs apply exclusively. Opposing conditions in the GBCs of the customer cannot be accepted unless they have been approved of in writing by ac.
2. Contract Closure
2.1. The purpose of the description of the range of products published on the web is to inform the customer, and does not represent a proposal in the meaning of § 145 BGB (German Civil Code). By transmitting an online order to ac, the customer makes a proposal to close a contract. The customer receives confirmation of the receipt of this order by e-mail or similar means appropriately.
2.2 The contract with ac comes to stand when ac accepts the proposal of the customer. Acceptance takes place under the proviso that the goods are actually available. A separate declaration of acceptance by ac to the customer is not required in this case.
2.3. Orders and changes and additions to orders, as well as verbal agreements of any type first become binding after confirmation in writing by ac. Offers made by mt are always non-binding.
3. The Right and Consequences of Cancellation
3.1. Instructions concerning the customer's right to cancel and the consequences of this comprise part of these GBCs. They are also appended to these GBCs and available under the following link: www.forbidden-signs.com
Cancellation Instructions
Customers, who are consumers in the meaning of § 14 BGB (German Civil Code), can cancel their contract in writing (for instance, by letter, fax, email) without reason within two weeks, or by returning the purchased goods/services. The deadline commences on receipt of these instructions at the earliest. Returning the goods or sending the cancellation within the period of cancellation suffices to comply with the deadline. The cancellation is to be directed towards:
Firma artconcept GmbH, Ludwig Erhard Allee 31, D-33719 Bielefeld.
Consequences of Order Cancellation
In the case of valid cancellation, return of the services received by both parties shall be guaranteed. If the customer cannot return the service provided in whole or in part, or only in a deteriorated state, he is obliged to replace it with a service of equal value. This does not apply if deterioration of the object is based exclusively on the inspection of the same, as would have been possible in retail stores. In all other cases, the customer can avoid obligation to replace by not using the object as if it were his own and doing nothing to impair its value.
Objects possible of being shipped in packages are to be returned. Objects that cannot be shipped will be picked up at the customer. The customer bears the cost of return, if the goods delivered comply with the order and the total order value of the goods returned does not exceed the value of 40 euros, or, in the case of a higher price, the customer has not paid for the goods at the time of cancellation or at least paid a contractually agreed part payment. The return is free of charge for the customer in all other cases.
Obligations to reimburse payments are to be fulfilled by the customer no later than 30 days after sending the order cancellation.
The right to cancel elapses prematurely if the contractual party to the customer began providing the service with the exclusive approval of the customer prior to the cancellation deadline ending, or the customer himself has caused this.
End of the Instructions
4. Prices
4.1. All prices are stated in euros.
4.2 The prices valid on the day of the order are invoiced for plus the Value Added Tax under law.
4.3. Packaging, shipping costs, transport insurance, customs duties and VAT will be charged for separately at the rate applicable under law.
4.4 If no fixed-price agreements are made, ac reserves the right to make suitable price changes due to modified wage, material and sales costs for goods delivered four months or longer after the contract being closed. The same applies to tax and duties supplementary to the contract following closure of the contract.
5. Due Period and Payment
5.1. The purchase price is due in full on delivery.
5.2. The customer can pay the purchase price with a credit card or per direct debit.
5.3. If the customer is in arrears, ac has the right to charge interest on this at a sum of 5 % p.a. above the base interest rate according to § 1 of the Bank Interest Rates Transitional Law (Diskontsatz-Überleitungs-Gesetz) of 9th June 1998 (FLG I pp. 1242). If a higher default loss is provably caused to ac, ac has the right to claim on this. Ac has the right to charge dunning charges.
5.4
If the customer's credit worthiness deteriorates after the contract comes to stand, or it becomes known to ac afterwards, that there is concern about the credit worthiness of the customer, ac can demand immediate payment of all receivables, even when deferred payment has been agreed. Under the same prerequisites, ac can demand advance payment or the provision of security for all deliveries that are still to take place, or rescind from the contract.
5.5.
Incoming payments shall, according to the choice of ac, be balanced out against any costs, interest and/or the oldest main receivable due.
5.6
The customer may only offset or use its right to retain payment on undisputed or legally established claims. In the case of retention, the counter claim must come from the same contractual relationship.
6.
Delivery
6.1.
Prerequisite for keeping to delivery deadlines is that the customer fulfils the obligations to which he is subject on time, and that ac itself is supplied correctly and on time. If the contractually agreed object is not available for delivery, because ac has not been supplied by its supplier, or ac's stock is depleted, ac has the right to rescind from the contract. In this case the customer shall be informed immediately that the contractually agreed object for delivery is not available.
6.2
Delivery deadlines also lengthen adequately during a period of delay due to Force Majeure, labour disputes, strikes, operational disruptions and other events for which ac is not culpable, such as difficulties in procuring supplies required for the service. Such circumstances also give ac the right to partially or wholly rescind from the contract without becoming responsible for furnishing damages.
6.3
If the customer delays in accepting the contractually agree service, or if other violations occur with regard to his responsibility to cooperate, ac is justified in claiming damages including payment of any extra costs. At the moment of delay in acceptance, the risk of accidental sinking or deterioration is transferred to the customer.
6.4.
Place of performance is Bielefeld, Germany. If, at the wish of the customer, ac ships the goods to a location different to the place of performance, the risk is transferred to the customer as soon as ac has transferred the object to the forwarding firm. The customer bears the cost of shipment from the place of performance, except in cases where it exceeds a suitable relationship to the value of the object of delivery. Ac accepts no liability for mail or transport route delays.
6.5
In the case of modifications to the contract that affect delivery deadlines, the delivery deadline shall be lengthened by a suitable period of time
6.6.
Ac accepts no liability for tangible deficiencies that it received from third parties and forwarded unchanged to the customer. The responsibility for intent and gross negligence acc. to Item 10 remains unaffected.
7. Shipping, Transport and Return Transport
7.1
The customer bears the costs and accepts the risk of shipping. This also applies to the transport and return of goods, materials, documents etc that the customer has supplied, even if ac be active action within the bounds of this. Damage to goods in transit is to be reported to the carrier immediately. Other complaints are to be reported to the customer immediately.
7.2
Ac remains free in its choice of the means of transport. Costs of quicker or special means of transport desired by the customer shall be borne by the customer.
7.3.
If the merchandise is ready for reasons that the customer or recipient can support, risk is transferred to the customer as soon as ac informs the customer of the readiness for shipment.
8. Retention of Title
8.1
Merchandise delivered remains the property of ac until complete payment of the purchase price. This also applies to future deliveries even when ac makes no direct reference to this. Retention of title applies to current invoices as security against balance claims.
8.2
In the case of the customer violating obligations and in particular delay in payment, ac has the right, following an adequate deadline being set, to demand the return of the goods it owns and rescind from the contract. Legal cases of the superfluity of setting the deadline remain unaffected. The customer shall bear the cost of returning the goods.
9. Warranty
9.1.
The law shall apply to defects and deficiencies. Transfer of the customer's obligation is excluded.
9.2.
The customer is obliged to report defects to goods and legal deficiencies in writing to ac immediately after they are identified. Defects and deficiencies are to be described in as much detail as possible in the report. This ruling does not attend to a period of limitation with regard to the customer's rights concerning defects or deficiencies.
9.3
Claims for defects due to normal use and wear do not apply. This also applies to damage after the transfer of risk due to negligent treatment, overuse, use of unsuitable operating resources or specific outside influences that are not a requirement according to contract. No claims for defects can be made for this or the consequences that occur from this if modifications are made by customers or third parties. Ac shall not be liable for damages that do not occur to the object delivered.
9.4
Ac has the right to inspect goods concerning which a complaint has been received or demand reimbursement of the costs for return shipment. The approval of ac is required prior to any return shipment.
9.5.
If later fulfilment takes place in the form of replacement delivery, the customer is obliged to return the goods originally supplied within 30 days at the cost of ac. Return of the goods shall take place in line with the law. Ac reserves the right to claim for damages within the bounds of the law.
10. Inviability/Recision/Claims for Damages
10.1.
Ac shall be liable for intent or gross negligence under law. In all other cases, ac shall only be liable under the product liability law, or in line with claims arising from death, injury or damage to health. Liability for violating key contractual obligations is limited to unforeseeable damage typical to the contract to the extent that neither intent nor gross negligence exist, or due to claims arising from death, injury or damage to health.
The provisions stated above extend to claims for damage ancillary to the service in place of the service, irrespective of the legal cause, and in particular due to defects, and violations of obligations out of the debt obligation or illicit action. They also apply to claims for the reimbursement of fruitless costs.
10.2.
Ac's liability for inviability and delay in providing the service shall be limited to 10% of the value of the delivery at the most. Further claims by the customer for inviability or delay in providing the service are excluded, also after the deadline set by mt has come to an end. The right of the customer to rescind from the contract remains unaffected.
10.3.
The customer can only rescind from the contract under law if ac has violated its obligations due to gross negligence or intent. In the case of violating its obligations, the customer shall declare to the customer within two weeks whether he shall rescind from the contract or demand delivery. The law shall to defects and deficiencies.
11. Data Security
All personal customer data shall be treated confidentially at all times. Storing and editing this data takes place exclusively to the extent agreed to by the customer under the strict observation of law, and, in particular, the German Federal Data Protection Act (BDSG) and German Federal Teleservices Data Protection Act (TDDSG).
12. Concluding Regulations
12.1
Place of performance and exclusive jurisdiction is Bielefeld.
12.2
The law of the Federal Republic of Germany applies at all times under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The language of contract is German.
12.3
If one of more of the provisions of this contract should be or become void, non-viable or incomplete, the remaining provisions of this contract shall remain unaffected. The parties oblige to replace the void or non-viable provision with one that is effective and viable and, to the largest extent, corresponds to the meaning and purpose of the provision to be replaced.
12.4.
Ancillary agreements, additions and modifications to the terms of this contract require the written form. Compliance with this can dispensed with in writing in individual cases.
Last updated: January 2007
