General terms and conditions
b2b-kupferstecher.art
1. contracting parties and scope
1.1 The supplier of the products (hereinafter referred to as "Seller") is Teske & Kurstjens OHG, Wolfstr. 1a, 53111 Bonn, Germany, Tel: 015678747223, e-mail address: kontakt@kupferstecher.art.
1.2 These General Terms and Conditions (GTC) apply to purchase contracts concluded between the Seller and a customer via the online shop at b2b-kupferstecher.art.
1.3 The offer is aimed exclusively at customers who are not consumers (entrepreneurs, legal entities under public law, etc.). A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). By placing his order, the customer declares that he is not a consumer.
1.4 These GTC apply exclusively to the contractual relationship between the Seller and the Customer. The validity of any general terms and conditions of the customer is expressly rejected.
2 Conclusion of the contract
2.1 No customer account is required to place an order. The customer must then provide name, contact details and billing and delivery addresses during the ordering process.
2.2 The presentation of the products in the online shop does not constitute a legally binding offer (application according to § 145 BGB), but an invitation to place an order. The application to conclude a contract is submitted by the customer when he sends his order.
2.3 The customer can select products from the seller's range without obligation and collect them in the desired design and quantity in a so-called shopping basket by clicking on the button "Add to shopping basket". Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then complete the order process by clicking on the "Checkout" button in the shopping basket.
2.4 By clicking on the button "Order subject to payment", the customer submits a binding application to purchase the selected goods or the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether.
2.5 The Seller then sends 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 using the "Print" function (order confirmation).
2.6 The purchase contract is concluded with the order confirmation.
3 Prices and shipping costs
3.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
3.2 In addition to the prices stated, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer before the order process is completed.
4 Delivery, availability of goods
4.1 Delivery shall be made after order confirmation within the delivery period. The delivery period is 3 working days. Shipment to delivery addresses outside Germany is not possible.
4.2 If the delivery fails, the seller is entitled to attempt a replacement delivery once. If the attempt fails, the customer may withdraw from the contract. Payments already made will be refunded immediately.
4.3 If the ordered product is not available, the seller may withdraw from the contract. Payments already made will be refunded immediately.
5 Payment
5.1 The customer can choose from the available payment methods before completing the order process. Purchase on account and immediate payment via PayPal are offered. If the customer chooses PayPal, he will be forwarded to PayPal immediately after sending the order in order to make the payment of the purchase price there.
5.2 In the case of payment via PayPal, the relationship between the customer and PayPal shall be governed by the latter's General Terms and Conditions.
5.3 In the event of default, the statutory default interest rates shall apply. The customer's obligation to pay default interest does not preclude the seller from asserting further claims for damages caused by default.
5.4 The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller or if he invokes the customer's warranty rights. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
6. retention of title
The delivered goods remain the property of the seller until full payment has been made.
7 Warranty
7.1 Product descriptions of the seller in the online shop or elsewhere do not have the character of an assurance or guarantee.
7.2 The statutory warranty rights shall apply. In the case of delivery of newly manufactured goods, the warranty period shall be two years from delivery of the goods. In the event of a defective delivery, the Seller shall be entitled to make a one-off attempt at a replacement delivery or rectification. If this fails, the customer can withdraw from the contract or reduce the purchase price.
8 Liability of the seller
8.1 The following exclusions and limitations of liability apply to the Seller's liability for damages.
8.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
8.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.
8.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
8.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
9 Storage of the text of the contract
The Seller shall send the Customer the content of the order and the applicable General Terms and Conditions (= contract text) with the order confirmation. The text of the contract is stored by the Seller, but is no longer accessible to the Customer.
10 Final Provisions
10.1 The contract language is German. The contract is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in Germany or if, after conclusion of the contract, the Customer moves its place of residence or habitual abode from Germany to a foreign country or if its place of residence or habitual abode is not known at the time the action is brought.