GTC
Terms and Conditions
§ 1 General Information and Terms and Conditions
(1) The seller offers original works of art and workshops in particular via the online store on the website. The following General Terms and Conditions (GTC) apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a recһcient transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of Contract
(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The ordered goods may deviate slightly from the goods shown on the Internet within reasonable limits due to the technical presentation possibilities, in particular there may be color deviations, insofar as this is reasonable.
(2) The customer can place an order via the seller's website or by e-mail (info@paintofharmony.com). The customer's order constitutes a binding offer to conclude a purchase contract for the goods ordered.
(3) The seller will immediately confirm receipt of the customer's order by e-mail. The purchase contract is not already concluded with this order confirmation, but only with the sending of a separate e-mail with an order confirmation or the delivery of the goods. The seller is entitled to accept the contractual offer contained in the order within 3 working days. It is equivalent to acceptance if the seller delivers the ordered goods within this period.
(4) The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, no or only partial performance will be made. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. Otherwise the consideration will be refunded immediately. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract will be saved by the seller and sent to the customer together with the legally effective GTC by e-mail after conclusion of the contract.
§ 3 Retention of Title
(1) In the case of consumers, the seller retains title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.
(2) If the customer acts in breach of contract, in particular in the event of default in payment, if the customer provides false information about his creditworthiness or if an application for the opening of insolvency proceedings is filed, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet paid the consideration or has not paid it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to the seller all claims in the amount of the invoice amount that accrue to him from the resale to a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
(4) The seller undertakes to release the securities to which he is entitled at the customer's request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%.The choice of the securities to be released shall be incumbent on the seller.
§ 4 Remuneration
(1) The stated purchase price is binding. The price quoted is the total price plus shipping costs. The sales tax is 7% for works of art that are handmade. For all other goods on offer it is 19%. The additional shipping costs incurred during shipping are included in the shipping iinformation. Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days of receiving the order confirmation by e-mail or the invoice. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the debt in the amount of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt in the amount of 9 percentage points above the base interest rate. In the event of default on a claim for payment, the entrepreneur shall also owe a lump-sum payment of EUR 40. This also applies if the entrepreneur is in arrears with a payment on account or any other installment payment. The seller reserves the right to claim higher damages for default from the entrepreneur. The lump sum in accordance with sentence 5 shall be offset against any claim for damages owed, insofar as the damage is based on the costs of legal action.
(3) The customer shall only have a right of set-off if his counterclaims have been legally established, recognized or not disputed by the seller. The customer's right to offset against contractual and other claims arising from the initiation or execution of this contractual relationship shall remain unaffected by this. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Payment Methods
(1) Customers can pay the purchase price by prepayment/bank transfer or PayPal.
(2) When paying by PayPal, the customer must register at www.paypal.de. The terms of use of paypal.de [www.paypal.de] apply.
(3) Information on any costs incurred for the selected payment method can be found in the customer information and under the "payment methods" overview on the website.
§ 6 Shipping
(1) The seller only delivers to the countries specified in the shipping information.
(2) Add 3-5 days processing time for each order. The delivery period begins after the end of the processing time.
(3) The delivery period for deliveries within Germany is specified on the respective offer page. The start of the delivery period as well as the processing time is determined (depending on the selected payment method) according to paragraphs 4 to 6.
(4) In the case of payment in advance/bank transfer and PayPal, the processing time begins one day after the payment instruction has been issued.
(5) Information on the delivery time for deliveries to other countries can be found in the customer information and in the "shipping information" overview on this website.
(6) If the start or end of the delivery period falls on a Saturday, Sunday or a public holiday, the start or end of the delivery period shall be postponed to the following working day.
(7) With regard to the reservation of proper self-delivery, the seller refers to § 2 para. 4 of these GTC.
(8) The Seller is entitled to make partial deliveries insofar as a partial delivery is reasonable for the Customer, taking into account his interests. This shall have no influence on the content of the contract, in particular on the performance owed by the Seller or on the agreed performance period. The customer shall not incur any additional costs as a result of the partial delivery.
§ 7 Passing of Risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods, even in the case of sale by delivery to a place other than the place of performance.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
(3) If the customer is in default of acceptance, this shall be deemed equivalent to handover.
§ 8 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 8, 9 of these GTC.
(2) Goods ordered may deviate slightly from the goods shown on the Internet within reasonable limits. Reference is made to § 2 para. 1 of these GTC.
(3) Consumers have the choice of demanding subsequent performance by repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance does not cause significant disadvantages for the consumer. In the case of companies, the seller shall initially provide warranty for defects in the goods at his discretion by repair or replacement.
(4) If the subsequent performance fails, the customer may, at his discretion, demand a reduction of the purchase price (reduction), rescission of the contract (withdrawal) or damages instead of performance. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract, taking into account the interests of both parties. Instead of compensation in lieu of performance, the customer may demand compensation for futile expenses within the scope of § 284 BGB (German Civil Code) which he has incurred and could reasonably have incurred in reliance on receipt of the goods. If the customer chooses compensation instead of performance, the limitations of liability pursuant to § 9 (1) of these GTC shall apply.
(5) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch or notification is sufficient to meet the deadline. For merchants, § 377 HGB applies.
(6) If the customer is an entrepreneur, only the seller's product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. For used goods, the warranty period is also 1 year from delivery of the goods. The one-year warranty period does not apply if the seller can be accused of gross negligence, nor in the case of physical injury and damage to health attributable to the seller and in the case of loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with §§ 478, 479 BGB. The Seller's liability under the Product Liability Act remains unaffected by this.
(8) Notwithstanding para. 7, the regular limitation period shall apply if the Seller has fraudulently concealed a defect.
(9) The Seller does not provide the Customer with any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected by this.
§ 9 Limitations of Liability
(1) In the event of slightly negligent breaches of duty, liability shall be limited to the foreseeable, contractually typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the seller. The seller shall not be liable for slightly negligent breaches of insignificant contractual obligations. However, he shall be liable for the breach of legal positions of the customer that are essential to the contract. Essential contractual legal positions are those which the contract must grant the customer according to the content and purpose of the contract. The seller is also liable for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may rely.
(2) The above limitations of liability do not apply to claims of the customer arising from guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations or physical injury or damage to health attributable to the seller or in the event of loss of life of the customer.
(3) The seller is only liable for his own content on the website of his online store. Insofar as links provide access to other websites, the seller is not responsible for the third-party content contained therein. He does not adopt the third-party content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
§ 10 Final Provisions and Dispute Resolution
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § Section 16 para. 1 sentence 7 no. 2 TDSG remains unaffected.
(2) There is an obligation to inform the customer that a corresponding online platform is provided by the European Commission with regard to the so-called online dispute resolution. The customer can access this platform at the following link: https://ec.europa.eu/consumers/odr/. In this context, the seller is also obliged to provide the customer with his e-mail address. This is: info@paintofharmony.com
(3) The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.