General Terms and Conditions of Business of EVOLVING YOU ART DESIGN – English
Art. 1 – Basic Terms (as at 15th of June 2015)
The contract is concluded with the vendor named in the Credits (hereinafter Seller). The following terms and conditions apply to all contracts, deliveries and other services between the seller and the buyer each (including consumer or purchaser) valid at the time of the order. The seller refers to these conditions as part of the ordering process explicitly. Consumer within the meaning of the following rules shall mean any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither commercial nor their independent vocational activity.
Art. 2 – Terms of service (Goods Offer and Conclusion)
The goods offered by the Seller on the Internet do not represent a binding offer for the conclusion of a sale contract but are an invitation to place an order (purchase offer by Buyer).
You can submit a purchase offer in writing by email or by using the order system integrated into the Seller’s online store.
The Seller can accept the Buyer’s order by sending an order confirmation by e-mail or by sending the goods within five days. Binding acceptance of the Buyer’s offer by the Seller (and thus conclusion of the contract) is effected in all cases by notification in written form containing confirmation to the Buyer of order processing or of delivery of the goods, or by delivery of the goods.
Upon receipt of an order in our online store, the following regulations apply:
The consumer makes a binding offer of contract by successfully passing the steps of our online store ordering procedure.
The order involves the following steps:
1) Select the desired goods
2) Confirm by clicking the button ‘add to basket’
3) Examination of the information in your shopping cart
4) Confirmation by cklicking the button ‘proceed to checkout’
5) Registration in the online store after registration and entry of applicant information (email adress and password) if needed
6) Entry of Invoice and delivery address
7) Selection of Payment method
8) Confirmation of Agreement to Terms and Conditions, Data Policy and Right of Cancellation
9) Repeated testing or correcting the respective input data
10) Binding sending the order (by clicking the ‘buy now’ button)
Before the mandatory sending of the order by pressing ‘Enter’, the consumer can go back to the website where the customer’s details are recorded by using the ‘Back’ button. The consumer can control and correct input errors or close the Internet browser to cancel the order process.
The Seller confirms receipt of your order directly through an automatically generated e-mail (‘Order Confirmation’). With this, the seller accepts the offer.
The color display of the articles on the website may vary slightly depending on which internet browser and monitor settings of the Purchaser; these deviations are not technically excluded.
Merchandise selection, contracting and contract management take place in German and/ or in English. About the order details, the terms and details of the order confirmation, the seller does not store a separate treaty text, which would be available for the customer. It is therefore advisable to save the order confirmation email and the General Terms and possibly print.
Art. 3 – Prices and Shipping
The prices given in the offer include VAT and all other applicable taxes. Shipping costs are charged extra and can also be substracted for a special offer like a sales event. The shipping costs vary according to the destination (country) and include the insurance for the goods.
In individual cases, international deliveries may incur further taxes (e.g. purchases within the European Union) and/or charges (e.g. customs duties). However, these charges are not payable to the Seller but to the responsible customs or tax office in each case.
Art. 4 – Terms of Payment and Shipping
The buyer has the option of paying per Paypal or Credit Card (Mastercard, Visa). The Seller reserves the right to exclude specific types of payment in individual cases.
Invoices from the Seller are payable immediately. For advance orders a payment period of one week from receipt of the confirmation of the contract is valid. The seller sets the desired goods back for the duration of the payment period for the purchaser. It is up to the purchaser to effect his payment in time so that it is received by the supplier within the period. The provider reserves the right to rescind the purchase contract and the goods elsewhere for sale if payment is not received by the deadline. An in-depth after withdrawal payment of the customer will be refunded to the purchaser.
Delivery is worldwide. The seller hands over the goods to be delivered within two working days from receipt of full payment to the shipping company if the goods are available immediately. In the case of custom made goods or order on demand, the delivery can take up to 21 days after the day of the order.
The delivery time depends on the delivery address (and country) of the Buyer, within Europe is estimated about two working days of the time by the provider.
If the supply to the Purchaser fails because the customer has entered the delivery address incorrectly or incompletely, a new delivery will only be made if the buyer takes over the cost of shipping the item again. The provider is to inform the purchaser of the necessary cost of re-delivery by e-mail. A new shipment will be executed only after receipt of payment of these costs. For delivery hold-up by major force including strikes and lockouts, the statutory provisions. The purchaser is exempt from the obligation to pay as much as the provider of the obligation to deliver.
As a consumer (see Art. 1 of these Terms and Conditions), the Buyer is asked to inspect the goods immediately after receipt for completeness, visible defects and transport damage, and to inform the Seller and shipper as soon as possible of any complaints. Your warranty rights remain unaffected.
If the Buyer is a consumer (see Art. 1 of these Terms and Conditions), the risk of accidental loss or accidental deterioration of the goods during transit passes to the Buyer only upon transfer of the goods to him/her, irrespective of whether the shipment was insured or uninsured.
If the Buyer is not a consumer (see Art. 1 of these Terms and Conditions), shipping and delivery is at your own risk.
If the Seller delivers the goods to a third party (company, hotel reception etc.) at Customer’s request, the passing of risk and of charges within the meaning of Section 446 German Civil Code (BGB) is deemed to have been effected as soon as delivery to the third party has taken place.
Art. 5 – Warranty
1) Statutory conditions apply.
2) In the case of used goods, the warranty period comprises one year from the date of delivery in deviation from the statutory terms. The one-year warranty period does not apply to damage culpably attributable to the Seller arising from any injury to life, limb or health, or damage caused intentionally or with gross negligence, or malice on the part of the Seller, or rights of recourse in accordance with Arts. 478, 479 of the German Civil Code (BGB). If the Buyer is an entrepreneur and thus a legal or natural person or a partnership with legal capacity exercising its commercial or independent professional activity in concluding a legal transaction (Art. 14 Para. 1 BGB) , the following terms apply in deviation from Art. 5 Section 1 above:
a) The agreed qualities of goods shall be determined only by the Seller’s own statements and the manufacturer’s product description, and not by any other promotional materials, public extolment or other statements of the manufacturer.
b) The Buyer is obliged to inspect all goods immediately and with appropriate care for deviations from the agreed qualities and quantities and to notify the Seller in writing of any obvious defects within 7 days of receipt of the goods; this deadline is deemed to be met if the notification is sent in time. The same notification period applies to hidden defects that are discovered at a later date.
If these obligations to inspect goods and report deficiencies are not met, no warranty claims can be asserted.
c) In the event of defects, the Seller may either remedy the defect or deliver replacement goods at its own discretion.
If the Seller’s attempt to remedy a defect fails twice, the Buyer can request a price reduction or withdraw from the contract at its own discretion.
If the Seller opts to remedy the defect, the Seller need not pay the increased costs resulting from the goods being moved to a place other than the place of fulfillment of the contract if this movement of the goods does not correspond to their intended use.
d) The warranty period is one year from delivery of the goods. Sentence 2 of Section 2 above applies accordingly.
e) Information on liability for defects: German statutory liability for defects applies.
Art. 6 – Right of Cancellation for Consumers
A consumer is any individual that concludes a legal transaction for a purpose that cannot be ascribed to its commercial or independent business activity. A consumer has a statutory right of cancellation, instructed by the Seller as follows:
Notice of Right of Cancellation
The Customer may cancel his/her contract in writing (e.g. by letter, facsimile, e-mail) within 14 days without stating reasons or – if the item has been placed at his/her disposal prior to the expiry of this cancellation period – by returning the item concerned. The cancellation period amounts 14 days and shall commence upon receipt of this notification in written form, however, not prior to the receipt of the goods by the Customer or someone to receive the good in your name (not the transportation company). In order to observe the cancellation period it shall be sufficient if the notice of cancellation or the item was sent in due time. The notice of cancellation must be directed to: Gisela Backe, Ettlinger Straße 25, 68239 Mannheim, phone: +49 621 44592867, email: Gisela(at)evolvingyouartdesign.com.
Consequences of cancellation
In the event of effective cancellation any mutually received performance shall be returned and possible benefits derived (e.g. interest) repaid. If the Customer is unable to return the performance received in whole or in part or is only able to return it in deteriorated condition, he/she will be liable to pay compensation in this respect. The requirement of compensation for the deteriorated condition of the performance or any benefits derived shall not apply if the relevant benefits or deterioration of the item are due to the simple trial use which the Customer would have reasonably been able to conduct in a store by making an examination of the properties and functioning of the item. Transportable items are to be returned at my own risk. You have to bear the cost of returning the goods.
The obligation to refund payment must be met within 14 days. This term shall commence for the Customer upon dispatch of the Customer’s notice of cancellation or of the item(s), and for the Seller upon receipt of same. For the repayment, I use the same method of payment that you used in the original transaction¸ unless we explicitly agreed otherwise; I will not charge you fees for this repayment. I can refuse to pay until I have received the goods back, or you have demonstrated that you have returned the goods, whichever is the earlier. You have to return the goods without delay and in any event within no later than fourteen days from the date on which you inform me of the cancellation of this contract to me or to pass.
Exceptions to the Right of Cancellation
The right does not apply to distance contracts for the delivery of goods that are produced according to customer specifications or are clearly tailored to the personal needs of the customer. Does the seller regards the goods excluded from the right of cancellation, a corresponding contract amendment is written mutual agreement. In case of dispute it is your responsibility to prove to the seller that his goods were produced according to customer specifications or clearly tailored to the personal needs of the customer.
End of the Right of Cancellation
Art. 7 – Retention of title
The goods remain the property of the Seller until the purchase price has been paid in full.
Art. 8 - Transport Damage
If goods are delivered with obvious shipping damage, the customer is asked to immediately complain about such errors upon delivery and shall immediately contact the seller as well. The failure to make a claim or contact has no consequences regarding the statutory rights of the customer and their enforcement, in particular warranty rights. The customer helps the seller to be able to make its claims against the carrier or transport insurance.
Art. 9 – Assignment of rights
The assignment of rights arising out of contracts in accordance with these Conditions and the transfer of these contracts total by the purchaser shall require the prior written consent of the provider.
Art. 10 – Set-Off Rights
A right of set-off to the buyer applies only if his/her counterclaims are legally established in court or are undisputed or acknowledged in writing by the manufacturer.
Art. 11 – Right of lien
The Purchaser may only withhold payment if the claims from the same contractual relationship.
Art. 12 – Limitation of Liability
1) The use of the products is at your own risk. Compensation claims are excluded. The above disclaimer applies to the legal representatives and agents of the provider, if the customer asserts claims against these claims. Exempted from the liability, the liability for damages based on an intentional or grossly negligent breach of duty by the seller.
2) Under the current state of the art, data communication via the Internet cannot be guaranteed to be fault-free and/or permanently available. The Seller therefore accepts no liability for permanent or uninterrupted availability of the website and the performance offered there.
Art. 13 – Place of fulfillment, place of jurisdiction
1) German law shall apply exclusively, whereby application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
2) The domicile of the Seller shall be the place of fulfillment for all performance arising from the existing business relationships with the Seller as well as the place of jurisdiction insofar as he is a commercial business, a legal entity under public law or a special fund under public law and not a consumer.
3) This shall apply also where Customer does not have a general place of jurisdiction in Germany or the EU or where Customer’s place of residence or habitual abode are not known when the lawsuit is filed. The additional right to appeal to the courts of another legal place of jurisdiction shall remain unaffected.
Art. 14 – Final Provisions and Severability Clause1
1) The provider collects data entered by the purchaser as part of his/her purchase for purposes of contract processing and fulfillment. If the customer uses the service of PayPal to pay for his/ her purchase, the PayPal Privacy Policy applies for the payment transaction. PayPal is thereby acting as an agent of the buyer, not the seller.
2) Should prove any provision of these terms and conditions to be invalid or unenforceable, or invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision shall be replaced by such valid and enforceable provision, the effects of the economic objectives come closest to that pursued by the contractual parties with the invalid or unenforceable provision. The foregoing provisions shall apply in the event that the contract proves to be incomplete.
Plattform for online settlement of disputes: www.ec.europa.eu.
Art. 1 – Basic Terms (as at 15th of June 2015)
The contract is concluded with the vendor named in the Credits (hereinafter Seller). The following terms and conditions apply to all contracts, deliveries and other services between the seller and the buyer each (including consumer or purchaser) valid at the time of the order. The seller refers to these conditions as part of the ordering process explicitly. Consumer within the meaning of the following rules shall mean any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither commercial nor their independent vocational activity.
Art. 2 – Terms of service (Goods Offer and Conclusion)
The goods offered by the Seller on the Internet do not represent a binding offer for the conclusion of a sale contract but are an invitation to place an order (purchase offer by Buyer).
You can submit a purchase offer in writing by email or by using the order system integrated into the Seller’s online store.
The Seller can accept the Buyer’s order by sending an order confirmation by e-mail or by sending the goods within five days. Binding acceptance of the Buyer’s offer by the Seller (and thus conclusion of the contract) is effected in all cases by notification in written form containing confirmation to the Buyer of order processing or of delivery of the goods, or by delivery of the goods.
Upon receipt of an order in our online store, the following regulations apply:
The consumer makes a binding offer of contract by successfully passing the steps of our online store ordering procedure.
The order involves the following steps:
1) Select the desired goods
2) Confirm by clicking the button ‘add to basket’
3) Examination of the information in your shopping cart
4) Confirmation by cklicking the button ‘proceed to checkout’
5) Registration in the online store after registration and entry of applicant information (email adress and password) if needed
6) Entry of Invoice and delivery address
7) Selection of Payment method
8) Confirmation of Agreement to Terms and Conditions, Data Policy and Right of Cancellation
9) Repeated testing or correcting the respective input data
10) Binding sending the order (by clicking the ‘buy now’ button)
Before the mandatory sending of the order by pressing ‘Enter’, the consumer can go back to the website where the customer’s details are recorded by using the ‘Back’ button. The consumer can control and correct input errors or close the Internet browser to cancel the order process.
The Seller confirms receipt of your order directly through an automatically generated e-mail (‘Order Confirmation’). With this, the seller accepts the offer.
The color display of the articles on the website may vary slightly depending on which internet browser and monitor settings of the Purchaser; these deviations are not technically excluded.
Merchandise selection, contracting and contract management take place in German and/ or in English. About the order details, the terms and details of the order confirmation, the seller does not store a separate treaty text, which would be available for the customer. It is therefore advisable to save the order confirmation email and the General Terms and possibly print.
Art. 3 – Prices and Shipping
The prices given in the offer include VAT and all other applicable taxes. Shipping costs are charged extra and can also be substracted for a special offer like a sales event. The shipping costs vary according to the destination (country) and include the insurance for the goods.
In individual cases, international deliveries may incur further taxes (e.g. purchases within the European Union) and/or charges (e.g. customs duties). However, these charges are not payable to the Seller but to the responsible customs or tax office in each case.
Art. 4 – Terms of Payment and Shipping
The buyer has the option of paying per Paypal or Credit Card (Mastercard, Visa). The Seller reserves the right to exclude specific types of payment in individual cases.
Invoices from the Seller are payable immediately. For advance orders a payment period of one week from receipt of the confirmation of the contract is valid. The seller sets the desired goods back for the duration of the payment period for the purchaser. It is up to the purchaser to effect his payment in time so that it is received by the supplier within the period. The provider reserves the right to rescind the purchase contract and the goods elsewhere for sale if payment is not received by the deadline. An in-depth after withdrawal payment of the customer will be refunded to the purchaser.
Delivery is worldwide. The seller hands over the goods to be delivered within two working days from receipt of full payment to the shipping company if the goods are available immediately. In the case of custom made goods or order on demand, the delivery can take up to 21 days after the day of the order.
The delivery time depends on the delivery address (and country) of the Buyer, within Europe is estimated about two working days of the time by the provider.
If the supply to the Purchaser fails because the customer has entered the delivery address incorrectly or incompletely, a new delivery will only be made if the buyer takes over the cost of shipping the item again. The provider is to inform the purchaser of the necessary cost of re-delivery by e-mail. A new shipment will be executed only after receipt of payment of these costs. For delivery hold-up by major force including strikes and lockouts, the statutory provisions. The purchaser is exempt from the obligation to pay as much as the provider of the obligation to deliver.
As a consumer (see Art. 1 of these Terms and Conditions), the Buyer is asked to inspect the goods immediately after receipt for completeness, visible defects and transport damage, and to inform the Seller and shipper as soon as possible of any complaints. Your warranty rights remain unaffected.
If the Buyer is a consumer (see Art. 1 of these Terms and Conditions), the risk of accidental loss or accidental deterioration of the goods during transit passes to the Buyer only upon transfer of the goods to him/her, irrespective of whether the shipment was insured or uninsured.
If the Buyer is not a consumer (see Art. 1 of these Terms and Conditions), shipping and delivery is at your own risk.
If the Seller delivers the goods to a third party (company, hotel reception etc.) at Customer’s request, the passing of risk and of charges within the meaning of Section 446 German Civil Code (BGB) is deemed to have been effected as soon as delivery to the third party has taken place.
Art. 5 – Warranty
1) Statutory conditions apply.
2) In the case of used goods, the warranty period comprises one year from the date of delivery in deviation from the statutory terms. The one-year warranty period does not apply to damage culpably attributable to the Seller arising from any injury to life, limb or health, or damage caused intentionally or with gross negligence, or malice on the part of the Seller, or rights of recourse in accordance with Arts. 478, 479 of the German Civil Code (BGB). If the Buyer is an entrepreneur and thus a legal or natural person or a partnership with legal capacity exercising its commercial or independent professional activity in concluding a legal transaction (Art. 14 Para. 1 BGB) , the following terms apply in deviation from Art. 5 Section 1 above:
a) The agreed qualities of goods shall be determined only by the Seller’s own statements and the manufacturer’s product description, and not by any other promotional materials, public extolment or other statements of the manufacturer.
b) The Buyer is obliged to inspect all goods immediately and with appropriate care for deviations from the agreed qualities and quantities and to notify the Seller in writing of any obvious defects within 7 days of receipt of the goods; this deadline is deemed to be met if the notification is sent in time. The same notification period applies to hidden defects that are discovered at a later date.
If these obligations to inspect goods and report deficiencies are not met, no warranty claims can be asserted.
c) In the event of defects, the Seller may either remedy the defect or deliver replacement goods at its own discretion.
If the Seller’s attempt to remedy a defect fails twice, the Buyer can request a price reduction or withdraw from the contract at its own discretion.
If the Seller opts to remedy the defect, the Seller need not pay the increased costs resulting from the goods being moved to a place other than the place of fulfillment of the contract if this movement of the goods does not correspond to their intended use.
d) The warranty period is one year from delivery of the goods. Sentence 2 of Section 2 above applies accordingly.
e) Information on liability for defects: German statutory liability for defects applies.
Art. 6 – Right of Cancellation for Consumers
A consumer is any individual that concludes a legal transaction for a purpose that cannot be ascribed to its commercial or independent business activity. A consumer has a statutory right of cancellation, instructed by the Seller as follows:
Notice of Right of Cancellation
The Customer may cancel his/her contract in writing (e.g. by letter, facsimile, e-mail) within 14 days without stating reasons or – if the item has been placed at his/her disposal prior to the expiry of this cancellation period – by returning the item concerned. The cancellation period amounts 14 days and shall commence upon receipt of this notification in written form, however, not prior to the receipt of the goods by the Customer or someone to receive the good in your name (not the transportation company). In order to observe the cancellation period it shall be sufficient if the notice of cancellation or the item was sent in due time. The notice of cancellation must be directed to: Gisela Backe, Ettlinger Straße 25, 68239 Mannheim, phone: +49 621 44592867, email: Gisela(at)evolvingyouartdesign.com.
Consequences of cancellation
In the event of effective cancellation any mutually received performance shall be returned and possible benefits derived (e.g. interest) repaid. If the Customer is unable to return the performance received in whole or in part or is only able to return it in deteriorated condition, he/she will be liable to pay compensation in this respect. The requirement of compensation for the deteriorated condition of the performance or any benefits derived shall not apply if the relevant benefits or deterioration of the item are due to the simple trial use which the Customer would have reasonably been able to conduct in a store by making an examination of the properties and functioning of the item. Transportable items are to be returned at my own risk. You have to bear the cost of returning the goods.
The obligation to refund payment must be met within 14 days. This term shall commence for the Customer upon dispatch of the Customer’s notice of cancellation or of the item(s), and for the Seller upon receipt of same. For the repayment, I use the same method of payment that you used in the original transaction¸ unless we explicitly agreed otherwise; I will not charge you fees for this repayment. I can refuse to pay until I have received the goods back, or you have demonstrated that you have returned the goods, whichever is the earlier. You have to return the goods without delay and in any event within no later than fourteen days from the date on which you inform me of the cancellation of this contract to me or to pass.
Exceptions to the Right of Cancellation
The right does not apply to distance contracts for the delivery of goods that are produced according to customer specifications or are clearly tailored to the personal needs of the customer. Does the seller regards the goods excluded from the right of cancellation, a corresponding contract amendment is written mutual agreement. In case of dispute it is your responsibility to prove to the seller that his goods were produced according to customer specifications or clearly tailored to the personal needs of the customer.
End of the Right of Cancellation
Art. 7 – Retention of title
The goods remain the property of the Seller until the purchase price has been paid in full.
Art. 8 - Transport Damage
If goods are delivered with obvious shipping damage, the customer is asked to immediately complain about such errors upon delivery and shall immediately contact the seller as well. The failure to make a claim or contact has no consequences regarding the statutory rights of the customer and their enforcement, in particular warranty rights. The customer helps the seller to be able to make its claims against the carrier or transport insurance.
Art. 9 – Assignment of rights
The assignment of rights arising out of contracts in accordance with these Conditions and the transfer of these contracts total by the purchaser shall require the prior written consent of the provider.
Art. 10 – Set-Off Rights
A right of set-off to the buyer applies only if his/her counterclaims are legally established in court or are undisputed or acknowledged in writing by the manufacturer.
Art. 11 – Right of lien
The Purchaser may only withhold payment if the claims from the same contractual relationship.
Art. 12 – Limitation of Liability
1) The use of the products is at your own risk. Compensation claims are excluded. The above disclaimer applies to the legal representatives and agents of the provider, if the customer asserts claims against these claims. Exempted from the liability, the liability for damages based on an intentional or grossly negligent breach of duty by the seller.
2) Under the current state of the art, data communication via the Internet cannot be guaranteed to be fault-free and/or permanently available. The Seller therefore accepts no liability for permanent or uninterrupted availability of the website and the performance offered there.
Art. 13 – Place of fulfillment, place of jurisdiction
1) German law shall apply exclusively, whereby application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
2) The domicile of the Seller shall be the place of fulfillment for all performance arising from the existing business relationships with the Seller as well as the place of jurisdiction insofar as he is a commercial business, a legal entity under public law or a special fund under public law and not a consumer.
3) This shall apply also where Customer does not have a general place of jurisdiction in Germany or the EU or where Customer’s place of residence or habitual abode are not known when the lawsuit is filed. The additional right to appeal to the courts of another legal place of jurisdiction shall remain unaffected.
Art. 14 – Final Provisions and Severability Clause1
1) The provider collects data entered by the purchaser as part of his/her purchase for purposes of contract processing and fulfillment. If the customer uses the service of PayPal to pay for his/ her purchase, the PayPal Privacy Policy applies for the payment transaction. PayPal is thereby acting as an agent of the buyer, not the seller.
2) Should prove any provision of these terms and conditions to be invalid or unenforceable, or invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision shall be replaced by such valid and enforceable provision, the effects of the economic objectives come closest to that pursued by the contractual parties with the invalid or unenforceable provision. The foregoing provisions shall apply in the event that the contract proves to be incomplete.
Plattform for online settlement of disputes: www.ec.europa.eu.