General Terms and Conditions
and Consumer Information
and Consumer Information
General terms and conditions and consumer information within the framework of purchase contracts concluded via the online shop between Studio Yves Haltner - hereinafter "seller" - and the client - hereinafter "client"
§ 1 Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.
(2) The customer is a consumer insofar as he concludes the contract for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract shall come into effect with: Studio Yves Haltner See Up Workspace, 3. OG, Liebermannstr. 75 – 77, DE-13088 Berlin
(2) The essential characteristics of the goods are defined in the respective product description provided by the seller.
(3) All offers in the online shop of the seller are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the Seller has received the Customer's order, the Customer will first receive a confirmation of his order from the Seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). The ordering process in the online shop of the seller works as follows:
(4) The customer can select products from the seller's assortment and collect them in a so-called shopping cart by clicking the button "Add to cart". By clicking on the "Shopping Cart" button, the Customer is given an overview of the selected products. Before submitting the order, the Customer can change and view the order entered and the data entered at any time using the browser functions "Back" and "Next", which are shown as arrow buttons. The application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application. The Customer will then submits a binding request to purchase the goods. The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out by clicking on the "Print" function. The automatic acknowledgement of receipt merely documents that the seller has received the customer's order and does not constitute acceptance of the application. The contract is only concluded when the seller issues the declaration of acceptance, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer in the context of the order and mentioned in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes there are reserved, especially with regard to the availability of goods.
(2) The quality of the ordered goods is determined by the product descriptions in the online shop. Illustrations on the website may not accurately represent the products; especially colours may vary considerably for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are stated as precisely as possible, but may show the usual deviations. The characteristics described here do not represent defects of the products delivered by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.
§ 4 Delivery, Prices, Shipping Costs
(1) The delivery to the shipping company will be made at the latest two days after receipt of money. The delivery time is up to five days. The seller will point out possible deviating delivery times on the respective product page.
(2) We do not charge VAT in accordance wih § 19 UStG. The stated prices are retail prices plus shipping costs.
§ 5 Payment
The payment is made in advance (PayPal, credit card, bank transfer).
§ 6 Damage in transit
(1) If goods with obvious transport damages are delivered, the customer is asked to complain about these errors immediately to the delivery person and to contact the seller as soon as possible.
(2) Failure to make a complaint or contact the seller has no consequences for the customer's legal warranty rights, but helps the seller to be able to assert his own claims against the carrier or the transport insurance company.
§ 7 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee for the goods delivered by the vendor exists only if it is expressly stated in the order confirmation for the respective article.
(3) Complaints and claims for liability for defects can be made at the address given in the provider identification.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Liability
The statutory provisions apply.
§ 10 Text of the contract
The text of the contract is stored on the internal systems of the seller. The order data and the general terms and conditions are sent to the customer by e-mail.
§ 11 Final provisions
(1) The contract language is English.
(2) The law of the Federal Republic of Germany shall apply to contracts between the Seller and the customers, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn from the customer.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller's registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual abode is not known at the time the action is filed.
Lawyer Metzler - Lawyer for competition law, trademark law and copyright
Allgemeine Geschäftsbedingungen (AGB) und Verbraucherinformationen