General Terms and Conditions (AGB)
Unfortunately, we also cannot avoid the so-called “small print”.
Unfortunately, we also cannot avoid the so-called “small print”.
We would like to point out the following advance: Photographs and prints are always dependent on environmental influences, their appearance and colouring may change and fade. To ensure that you can enjoy the pictures for a long time, you should not expose them either wholly or in part to direct sunlight, should not hang them directly above heaters and should not expose them to a level of humidity that exceeds that of normal living rooms.
User of these AGB is the:
Senses Visual Communication GmbH / NINUMA Minilal Art
Telephone number: +49 (0) 2103 961860
E-mail address: firstname.lastname@example.org
Our terms and conditions aim to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following General Terms and Conditions of Senses Visual Communication GmbH, whose knowledge and inclusion you acknowledge and confirm by placing an order with us. You can view the terms and conditions at this point.
1. Scope of application
1.1 For the business relationship between Senses Visual Communication GmbH and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2 Consumer in the sense of these general terms and conditions is every natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.3 Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise stated with the products. Errors are otherwise excepted.
3. Order process and conclusion of contract
3.1 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. The products selected by you via the button “Add to cart” will be summarized once again in an order overview at the end of the ordering process. Here you can check all the details you entered during the ordering process and add or correct them by clicking on the “Change” button. By clicking the “Buy now” button, you send your order data and make a binding declaration to Senses Visual Communication GmbH that you wish to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order. Immediately after submitting your order you will receive an order and contract confirmation by e-mail, in which the details of your order are listed again.
3.2 The text of your order is stored by us and can be sent to you on request after completion of your order. For your security, Senses Visual Communication GmbH recommends that you print out the order details and the general terms and conditions of business valid at the time of the order. German is available as contract language.
3.3 Please note that we sell all products only in household quantities.
4. Prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the statutory value added tax applicable at the time.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 If advance payment has been agreed upon, delivery shall be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available, because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Terms of payment
6.1 The customer can choose from the available payment methods within the framework of and prior to completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.
6.3 The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by delay by the seller.
6.4 The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
7.1 The delivered goods remain the property of the seller until full payment has been received.
8.1 The statutory warranty rights shall apply, unless expressly agreed otherwise.
8.2 If you as the customer are an entrepreneur according to § 14 BGB (German Civil Code), your claims for defects presuppose that you have fulfilled your statutory obligations to examine and give notice of defects (§§ 377, 381 HGB). If a defect is revealed during the inspection or later, we must be notified of this in writing without delay. The notification shall be deemed to be without delay if it is made within two weeks, whereby the timely dispatch of the notification shall suffice to comply with the deadline. Irrespective of this obligation to inspect and give notice of defects, you must notify us in writing of obvious defects (including wrong and short delivery) within two weeks of delivery, whereby timely dispatch of the notification shall also be sufficient to meet the deadline. If you fail to carry out the proper examination and/or report defects, our liability for the defect not reported is excluded.
9. Storage of the contract text
9.1 The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
9.2 The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the General Terms and Conditions of Business together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
10. Final clauses
10.1 Place of jurisdiction and place of performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
10.2 Contract language is German.
10.3 Platform of the European Commission for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status: January 2020