Terms and Conditions and Customer Information
Terms & Conditions & Customer Information
I. Terms & Conditions
§ 1 Grundlegende Bestimmungen
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (ARTUS Oberflächen Produkte GmbH) via the 160fe4.myshopify.com website. Unless otherwise agreed, the inclusion of any own terms and conditions you may use is objected to.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order for a fee" or similar designation) you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a message to this effect, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, which is partly automated. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as the claims are arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall also apply:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.
§ 4 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the contractual declaration by us before it is submitted and the deviation has been expressly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following shall apply by way of derogation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed to have been agreed upon as the quality of the goods, but not any other advertising, public praise and statements made by the manufacturer.
b) In the event of defects, we shall provide warranty by means of rectification or subsequent delivery at our discretion. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects is deemed to have failed, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance, if the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods. The shortening of the deadline does not apply:
- culpable damages attributable to us resulting from injury to life, limb or health and in the case of other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of goods which have been used in accordance with their usual use for a building and which have caused its defectiveness;
- in the event of legal recourse claims that you have against us in connection with rights to defects.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer's country of habitual residence (principle of favourability).
(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. This does not affect the right to bring proceedings before the court of another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer
1. Identity of the seller
ARTUS Oberflächen Produkte GmbH
Hummler Str. 5
85416 Langenbach
Germany
Phone: +498009886040
E-Mail: thomas.knoblauch@kurashop.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The language of the contract is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system , the contract data can be printed out via the print function of the browser or saved electronically. Once we have received the order, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the good or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.
5.3. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The terms and conditions of delivery, the delivery date and, if applicable, any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipping is at your risk.
7. Statutory Liability for Defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/en/services/Legal certainty/GTC service .
last update: 29.11.2022
I. Terms & Conditions
§ 1 Grundlegende Bestimmungen
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (ARTUS Oberflächen Produkte GmbH) via the 160fe4.myshopify.com website. Unless otherwise agreed, the inclusion of any own terms and conditions you may use is objected to.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
In this case, the goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time. After clicking on the "Checkout" or "Proceed to order" button (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
Before submitting the order, you have the option of checking the information in the order overview, changing it (also via the "back" function of the Internet browser) or making the following changes. cancel the order. In this case, the goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time. After clicking on the "Checkout" or "Proceed to order" button (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order for a fee" or similar designation) you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a message to this effect, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, which is partly automated. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as the claims are arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall also apply:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.
§ 4 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the contractual declaration by us before it is submitted and the deviation has been expressly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following shall apply by way of derogation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed to have been agreed upon as the quality of the goods, but not any other advertising, public praise and statements made by the manufacturer.
b) In the event of defects, we shall provide warranty by means of rectification or subsequent delivery at our discretion. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects is deemed to have failed, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance, if the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods. The shortening of the deadline does not apply:
- culpable damages attributable to us resulting from injury to life, limb or health and in the case of other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of goods which have been used in accordance with their usual use for a building and which have caused its defectiveness;
- in the event of legal recourse claims that you have against us in connection with rights to defects.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer's country of habitual residence (principle of favourability).
(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. This does not affect the right to bring proceedings before the court of another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer
1. Identity of the seller
ARTUS Oberflächen Produkte GmbH
Hummler Str. 5
85416 Langenbach
Germany
Phone: +498009886040
E-Mail: thomas.knoblauch@kurashop.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The language of the contract is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system , the contract data can be printed out via the print function of the browser or saved electronically. Once we have received the order, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the good or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.
5.3. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The terms and conditions of delivery, the delivery date and, if applicable, any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipping is at your risk.
7. Statutory Liability for Defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/
last update: 29.11.2022
