Terms of service

General Terms of Contract and General Consumer Information


I. General Terms and Conditions

The following Terms and Conditions shall apply to purchasing contracts via the website SabineWild-photoart.com between Sabine Wild, Eschenstraße 4, 12161 Berlin, Ust-Identification No.: DE231828315 (below "providers") And the customer referred to in § 2 of the Treaty (in the following"customer") getting closed.

§ 1 scope, definitions

(1) For the business relationship between the provider and the customer, only the following general terms and conditions apply in their version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.

(2) The customer is consumer, insofar as the purpose of the ordered deliveries and services can not be roughly attributed to its commercial or independent professional activity. On the other hand, entrepreneurs is any natural or legal person or legal partnership, which is the conclusion of the contract in the exercise of their commercial or independent professional activity.

(3) The full contract text is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the printing function of the browser. After receipt of the order to the provider, the order data, the statutory information for distance contracts and the terms and conditions, will be sent to the customer again by email (contract confirmation).

(4) To correct input errors, use the "one page back" button of the browser as an effective and accessible technical means. This is possible until the button "order payment" has been pressed. An effective technical means of detecting input errors is e.g. The enlargement function when displaying the browser. The recognition of input errors presupposes that the customer is ensured and himself controls that what he e.g. also enters the keyboard or mouse (e.g., a bid or pushing a button) also corresponds to what he wants. The customer should wonder if the wanted and the entered match. Otherwise, the customer should cancel the process. In any case, each entry must be checked before "Buy Now" is pressed.

(5) In accordance with § 36 VSBG, we point out that the provider is not ready and obliged to participate in dispute resolution procedures in front of a consignment line.

 

§ 2 Conclusion of contract

(1) The customer can choose from the product range of products, especially in limited quantities manufactured prints and collect them via the button "Add to cart" in a so-called shopping basket. Using the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling the page "Checkout" and entering the personal data as well as the payment and shipping conditions, finally all order data will be displayed on the order overview page. As far as the customer uses the immediate code system "PayPal", "ApplePay" or "Shopay" by clicking on the integrated in the shop system button, it will be forwarded to the log-in page from the payment provider. After successful registration, the customer will display his address and account information stored during the payment provider. The "Next" button is routed the customer back to the online shop of the provider on the order overview page. Before submitting the order, the customer has the opportunity to review all information here again, to change (also cancel the function "Back" of the Internet browser) or to cancel the purchase. With the sending of the order via the "Buy Now" button, the Customer A binding offer from the provider. However, the application can only be delivered and transmitted if the customer accepts these terms and conditions by clicking on the "Accept Terms of Use" and thereby incorporated in its application.

(2) The provider then sends the customer an automatic acknowledgment of receipt by e-mail in which the customer's order is performed again and which the customer can print about the "Print" function. The automatic acknowledgment of receipt only documents that the customer's appointment has been received by the provider and does not constitute acceptance of the application. The contract is only concluded by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) will be sent to the customer from us on a permanent disk (e-mail or paper expression) (contract confirmation ). The contract text is stored under preservation of data protection.

(3) The conclusion of the contract takes place in German language.

 

§ 3 delivery, goods availability

(1) Delivery times given by us are calculated from the date of our order confirmation, prior payment of the purchase price (except for the invoice purchase). If no or no different delivery time is specified for the respective goods in our online shop, it is 6 working days (within Germany).

(2) If no specimens of the product he selected are available at the time of ordering the customer, the provider shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider sees from a declaration of acceptance. A contract is not concluded in this case.

(3) If the product designated by the customer in the order is not temporarily unavailable, the provider also informs the customer immediately in the order confirmation.

(4) There are the following delivery restrictions: The provider only provides customers who have their habitual residence (billing address) in one of the following countries and can specify a delivery address in the same country: Germany, Austria, Netherlands (except non-European territories), Belgium , Switzerland, Luxembourg, France (except overseas areas and departments), Denmark (except Faroe Islands, Greenland), United Kingdom (except Canal Islands), Finland (except Eland Islands), Greece, Ireland, Italy (except Livigno and Campione d'Italia), Liechtenstein , Portugal, Sweden, Spain, Poland, Slovenia, Slovakei, Czech Republic, Norway, United States of America, Canada, Australia.

(5) For consumers, it is governed by law that the risk of accidental loss and accidental deterioration of the item sold transfers only with the transfer of the goods to the customer, regardless of whether the shipment is assured or uninsured. If the customer is entrepreneur, the delivery and shipment is at its risk.

 

§ 4 Retention of title

Until full payment, the delivered goods remain owned by the provider.

 

§ 5 Prices and shipping costs, return costs on revocation

(1) All prices indicated on the provider's website are, including the valid statutory VAT.

(2) The corresponding shipping costs are given to the customer in the order form and must be borne by the customer, as far as the customer does not use his right of withdrawal.

(3) The shipment of the goods takes place via DHL. The shipping risk carries the provider if the customer is consumer.

(4) The customer must bear the immediate costs of the return in the event of a cancellation.


§ 6 Payment Modalities

(1) The customer can make payment by credit card, PayPal, ApplePay, Shopay.

(2) The customer can change the payment method stored in his user account at any time.

(3) The payment of the purchase price is due directly with the conclusion of the contract. If the due date of payment is determined according to the calendar, the customer already comes in arrears by failing of the appointment. In this case, he has the provider for the year default interest i. H. v. 5 percentage points above the base rate.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further arrears of default by the provider.

 

§ 7 Materialwedenwohnungenfäsung, guarantee

(1) The provider is liable for material defects in accordance with the applicable legislation, in particular §§ 434 ff. BGB.

(2) Insofar as the customer is entrepreneur, deviating from Abs.1:

(a) The customer is obliged to examine the goods immediately and with the necessary care for quality and quantity deviations and to report obvious defects in writing within 7 days of receipt of the goods to the provider in writing, the timely dispatch is sufficient. This also applies to concealed concealed defects from discovery. In case of breach of investigation and complaints, the assertion of the warranty claims is excluded.

b) In case of defects, the provider does guarantee by repair or replacement after its election. If the lack of defects fails twice, the customer can demand reduction or withdraw from the contract after his choice. In the case of repair, the provider does not have to bear the increased costs arising from the shipment of the goods to another place as the place of performance, provided that the shipment does not correspond to the intended use of the goods.

(c) the warranty period is one year from delivery of the goods. The shortened warranty period does not apply to the provider attributable culpably caused damage resulting from the violation of life, body or health and grossly negligent or intentionally caused damage or argliot of the provider, as well as recourse claims according to §§ 478, 479 BGB.

(3) An additional guarantee is the goods supplied by the provider only if it has been expressly issued in the order confirmation to the respective article.


§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded are damages claims of the customer from the violation of life, body, health or violation of essential contractual obligations and the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the case of breach of essential contractual obligations, the provider is liable only to the contract-typical, foreseeable damage, if this was simply negligently caused negligence, unless there are claims for damages of the customer from a violation of life, body or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are to be asserted directly against them.

(4) The liability restrictions resulting from para. 1 and 2 do not apply insofar as the provider has concealed the lack of malignant or assumed a guarantee for the nature of the matter. The same applies as far as the provider and the customer have made an agreement on the nature of the matter. The provisions of the Product Liability Act remain unaffected.

 

§ 9 Cancellation

(1) Consumers in principle have a statutory right of withdrawal at the conclusion of a distance debit transaction, which informs the provider in accordance with the statutory pattern below. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) there is a pattern revocation form.

 

Right of withdrawal

 

Right of withdrawal

 

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the date on which you or a third party you made, who are not carrier, the goods have taken possession or has.

In order to exercise your right of withdrawal, you must (Sabine Wild, Eschenstraße 4, 12161 Berlin, wild@ kunwild.de) By means of a clear explanation (e.g., a letter sent by post, fax or e-mail) to revoke your decision to revoke this contract. You can use the attached pattern revocation form, which is not prescribed.

To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiration of the cancellation period.

 

Consequences of the revocation

If you revoke this contract, we have all the payments we received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you choose a different kind of delivery than the cheap standard delivery offered by us have) to repay immediately and at the latest within fourteen days from the day at which the notification of their revocation of this contract has been received by us. For this repayment, we use the same means of payment, which they have used in the original transaction, unless we have expressly agreed otherwise with them; In no case will you charge charges due to this repayment.

We can refuse the repayment until we have retained the goods or until they have provided proof that they have returned the goods, depending on which the earlier date is.

You have the goods immediately and in any case at the latest within fourteen days from the day, where you teach us about the revocation of this contract, to return or hand over to us. The deadline is preserved if you send the goods before the deadline of fourteen days.

They carry the immediate costs of the return of the goods.

You have to pay for any loss of value of the goods only if this value loss is due to a handling of the goods to check the quality, properties and functioning of the goods.

 

(2) The right of withdrawal does not exist for contracts

  • for the delivery of goods which are not prefabricated and for their production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

  • For the delivery of goods, if they were inseparably mixed with other goods after delivery due to their condition.

(3) The model withdrawal form informs the provider according to the statutory regulation as follows:

Pattern revocation form

 

(If you want to revoke the contract, please fill in this form

and send it back.)

 

- An [here is the name, the address and, if applicable, the fax number and

E-mail address of the entrepreneur by the entrepreneur]:

- I hereby cover (n) I / we (*) the contract concluded by me / us (*)

About the purchase of the following goods (*) / the provision of the following

Service (*)

- Ordered on (*) / get AM (*)

- name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (S) (only for message on paper)

- Date

(*) Stroke inappropriate

 

§ 10 final provisions

(1) On contracts between the provider and the customer, the law of the Federal Republic of Germany applies to the exclusion of the UN sales law. The statutory provisions on the restriction of choice of law and applicability of mandatory rules in particular of the state in which the customer as consumer has his habitual residence remain unaffected.

(2) If the customer is a merchant, a legal entity of public law or a public law, is the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the registered office of the provider.

(3) The contract also remains binding in the case of legal ineffectiveness of individual points in its remaining parts. Instead of the ineffective points, as far as existing, the legal regulations. Insofar as this would be an unreasonable hardness for a Contracting Party, the contract will be ineffective as a whole.

 

II. Consumer information

You can print these consumer information at any time. You will receive this after conclusion of the contract again by e-mail from Sabine Wild. In this e-mail you will also receive the cancellation policy in text form.

 

1. Identity of the seller - Imprint

Sabine Wild PhotoArt
Eschenstr. 4
12161 Berlin

Telephone: +49 1577 1900 472
E-Mail: info@sabineWild-photoart.com
VAT IDNR.: DE231828315

 

2. Information on the conclusion of the contract

The technical steps at the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are made in accordance with § 2 (Part I.) of our terms and conditions.

 

3. Contract language, contract text storage

Information on the contract language and to store the contract text shall be carried out in § 1 and § 2 (3) (Part I.) of our terms and conditions.

 

4. Significant characteristics of the goods or service

The essential characteristics of the goods and / or service can be found in the article description and the supplementary information on the product page.

 

5. Prices and payment modalities

Explanations of the prices in the respective offers and the payment modalities can be found in § 5 and § 6 (Part I.) of our terms and conditions.

 

6. Terms of delivery

The delivery conditions, the delivery date and optionally existing delivery restrictions are in the respective item description. Insofar as no other period is specified in the item description or our terms of delivery, the goods will be delivered within 6 working days after conclusion of the contract (but only after the date of payment in the agreed advance payment).

 

7. Legal defect liability law

The liability for defects for our goods and services is based on the regulation "Warranty" in § 7 (Part I) of our terms and conditions.

 

8. Right of withdrawal

As a consumer is a 14-day right of withdrawal. Further details on your right of withdrawal can be obtained as part of the ordering process and under I. § 9 of our terms and conditions.

 

9. Information on online dispute resolution and the consumer dispute settlement law (VSBG)

The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a contact point for the extrajudicial settlement of disputes concerning contractual obligations, which will serve from online purchase contracts. The OS platform can be reached under the following link below:

www.ec.europa.eu/consumers/odr

According to the provision of § 36 VSBG, we point out that the provider is not ready and obliged to participate in dispute resolution procedures before a consignment line.