Gerneral Terms and Conditions
General Terms and Conditions of Arcadia Art Onlineshop, owned by Dr Martin Kirves, Fehmarner Str. 16, 13353 Berlin, Germany, phone: 0049 (0)176 / 226 19 112, email: contact@arcadia-art.de. Local Court Berlin, tax number: 23/380/00603, VAT number: DE 222399602.
1. Scope of application
1.1 The following General Terms and Conditions (GTC) shall apply to all business relations between the Arcadia Art Online Shop (hereinafter referred to as the "Merchant") and the Customer for all services provided by the Merchant via the Merchant's Online Shop in the version valid at the time of the order.
1.2 Customers within the meaning of these Terms and Conditions are exclusively consumers.
1.3 A consumer within the meaning of these General Terms and Conditions is, in accordance with § 13 of the German Civil Code (BGB), any natural person who enters into a legal transaction for purposes which can be attributed neither to his commercial nor to his independent professional activity.
2. Conclusion of contract
2.1 The product descriptions contained in the onlineshop of the Merchant do not constitute a binding offer to conclude a contracton the part of the Merchant. They are, however, an invitation to the customer to make a binding offer.
2.2 The customer can submit the offer via the onlineshop ordering system or by post, stating the article numbers. Online, the customer can select individual products and place them in the virtual shopping basket by clicking on the shopping basket icon. After clicking the "Checkout" button, the contents of the virtual basket can be viewed. The customer then has the choice of adding more products by clicking the "Continue Shopping" button or proceeding with the order process by clicking the "Checkout" button.
2.3 At the start of the ordering process, the customer is shown an overview of the products in the shopping basket. The customer has the option to remove individual products from the shopping basket. A total offour (4) steps follow, namely "Email", "Address", Shippingmethod", "Payment and Overview".
2.4 In the first step, the customer enters his email address. Clicking on the "Checkout" button will take the customer to the second step. Here the customer will be asked to give his address. After pressing the "Continue" button the customer can choose in the third step the shipping method. Another click on the "Continue" button will take the customer to the fourth and last step, where he can choose the desired method of payment. Furthermore the customer will find a overview of the order. Here, all the details entered in the order can be checked again and corrected if necessary, e.g. the products, the payment method or the delivery and billing address.
2.5 If there are no corrections to be made and the customer wishes to send his order bindingly with the details shown in the overview, it is sufficient to click on the button "Place Order". By doing so, the customer makes a legally binding offer to conclude a purchase contract for thegoods in the shopping basket. However, at any time during the ordering process, the customer may cancel the order (e.g. by closing the browser window) or return to the previous step.
2.6 The Merchant may accept the Customer's offerwithin five (5) days by sending the Customer a confirmation letter (e.g. bye-mail) or by delivering the ordered goods to the Customer; in the first case, the receipt of the declaration of acceptance is decisive, in the latter case, the receipt of the goods by the Customer, whereby the Customer. If no acceptance is made by the merchand within the time limit, this shall be deemed to be a rejection of the offer. In this case, the customer is then no longer bound by his declaration of intent.
2.7 The period for acceptance of the offer begins onthe day after the offer is sent by the customer and ends with the expiry of the fifth (5th) day after the offer is sent.
2.8 The text of the contract will be stored by the merchant and sent to the customer after the order has been sent, including the general terms and conditions, the cancellation policy in text form (e.g. bye-mail), the sample cancellation form and the privacy policy. In addition, once the order has been placed, the customer will receive a message in the browser window giving the option to print the order confirmation.
3. Right of withdrawal
3.1 Consumers are generally entitled to a statutory right of revocation in accordance with §§ 312g para. 1, 355 BGB (German CivilCode) with regard to their declaration of intent to conclude a purchase contract in the online shop, as this is usually a distance contract. On the other hand, the merchand does not grant a voluntary right of withdrawal, in particular not to entrepreneurs.
3.2 Further information on the right of withdrawal can be found on the website of the online shop under the general terms and conditions.
3.3 The right of withdrawal does not apply to consumers who are not residents of a Member State of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4. Prices / Terms of payment
4.1 The prices stated in the online shop of the Merchant are final prices. The prices include in particular the statutory VAT. For deliveries within Germany, shipping costs are also included. The amount of shipping costs to other countries depends on the type and weight of the goods and the place of delivery.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the merchant is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g.transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The following payment methods are available to the customer: Credit Card, Paypal, prepayment, cash on collection.
4.4 If the credit card payment method is selected, the customer's credit card will be charged upon completion of the order.
4.5 If the payment method is prepayment, the customerwill be informed of the merchant's bank details in the order confirmation. Thegoods will be delivered upon receipt of payment.
4.6 If the payment method PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.àr.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed online at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full if the customer has an existing PayPal account, or at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full if the customer does not have a PayPal account
4.7 In the event of default in payment, the statutory default rules shall apply.
5. Delivery and shipping terms
5.1 Goods will normally be delivered within five (5) working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the remitting bank (in the case of payment in advance) or after the contract has been concluded (in the case of PayPal or creditcard), provided that the place of delivery is in Germany. Deliveries by art shipping companies and abroad may take longer.
5.2 The goods will be shipped to the delivery address specified by the customer in the order process, unless otherwise agreed in individual cases.
5.3 If the goods are returned to the merchant by the transport company because delivery to the customer was impossible, the customer shall bear the costs incurred due to the unsuccessful shipment (e.g. costs of return transport). However, this only applies if the customer does not effectively exercise his right of withdrawal, if he is responsible for the circumstance that led to the impossibility of delivery or if no temporary hindrance made it impossible for him to accept the service; in the latter case, the customer is released from bearing the costs if the merchand had not given him reasonable prior notice of the service.
5.4 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer upon handover of the goods.
6. Retention of title
6.1 If the merchand makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid infull. During the existence of the retention of title, the goods subject to retention of title are to be treated with care.
6.2 The customer has to inform the merchand immediately of all access of third parties to the goods, in particular of execution measures, possible damages or the destruction of the goods. The customer must inform the merachant immediately of any change of ownership ofthe goods and of any change of address.
6.3 The customer shall compensate the merachand forall damages and costs arising from a breach of these obligations and fromnecessary intervention measures against access to the goods by third parties.
6.4 The customer is not entitled to resell and/orprocess the goods subject to retention of title. If the customer nevertheless resells the goods, he hereby assigns to the merchant all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. The merchand hereby accepts the assignment.
6.5 If the goods are processed, the merchand acquiresco-ownership of the new goods in proportion to the value of the delivered goods subject to retention of title. The same applies if the goods are processed or mixed with other items not owned by the merchand.
7. Information on liability for defects, limitation of warranty rights
7.1 The statutory liability for defects shall apply.
7.2 If the object of sale is a used good, the limitation period for the statutory warranty claims shall be one year from the statutory commencement of the limitation period; otherwise it shall be two years.
8. Liability
8.1 In the event of damage caused by intent or gross negligence on the part of the merchant, the merchant shall be fully liable. In the event of a negligent breach of an essential contractual obligation (so-called cardinal obligation), the merchant shall only be liable for compensation for typical and foreseeable damage.
8.2 Statutory liability for injury to life or health, personal injury and under the Product Liability Act shall remain unaffected.
8.3 The merchant is only liable for the contents on www.arcadia-art.de, whereby no liability is assumed for the topicality, correctness, completeness or quality of the information provided
8.4 In the event of an unintentional copyright infringement, the relevant data will be removed from the website immediately upon notification.
8.5 Insofar as the merchant provides access to other websites via links, it is not responsible for the third-party content contained therein and does not check the corresponding websites. The merchant does not adopt the external content as its own. Furthermore, the merchant has no influence whatsoever on the design and content of the linked pages and, as aprecaution, expressly distances itself from all content of all linked pages onthe website.
9. Privacy
9.1 The merchant undertakes to protect the privacy of all persons who purchase from the Merchant and to treat their personal data confidentially. This is based on the respective applicable legal provisions, such as the Federal Data Protection Act (BDSG), the EU General Data Protection Regulation (DSGVO; (EU) 2016/679 (as of 25.05.2018)) and Information and Communication Services Act (IuKDG). The data received from the customer will bestored. However, the customer may have his data deleted at any time by notifying the Merchant in text form.
9.2 The merchant will use the data exclusively to be able to fulfil the contract concluded with the customer. Any further use of the collected data, e.g. for advertising purposes, will not take place without the consent of the customer.
9.3 The further details are regulated in the data protection declaration, which can be accessed online atwww.arcadia-art.de/privacy/.
9.4 The customer expressly consents to the collection, processing and use of personal data described therein and above.
10. Online Dispute Resolution Information
10.1 The EU Commission provides an internet platform for online dispute resolution (the ODR Platform). This ODR Platform is intended to serve as a contact point for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.
10.2 The email address of the merchant can be found inthe contact details or in the imprint. However, the merchant is neither willing nor obliged to settle disputes with consumers before an arbitration board
11. Applicable Law
11.1 All legal relationships between the merchant and the customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods, the so-called UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980). However, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the customer has hishabitual residence.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to customers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12. Final Provisions
12.1 Amendments to this contract must be made in writing to be effective. This also applies to the amendment of this written form requirement.
12.2 This contract contains the entirety of the agreements existing between the parties. No other agreements, collateral agreements or terms and conditions exist. Any oral or written agreements or conditions made prior to the conclusion of this contract as well as any otherpre-contractual correspondence and proposals shall be superseded by this contract.
12.3 The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective provisions which come closest in economic terms to the intended purpose of the invalid provisions. This applies accordingly to the closing of any gaps in this contract.
Cancellation policy
Consumers, i.e. any natural person who enters into a legal transaction for purposes which are predominantly neither commercial norself-employed, have a statutory right of withdrawal, unless they do not belong to a member state of the European Union at the time the contract is concludedand their sole place of residence and delivery address are outside the European Union at the time the contract is concluded. We inform you about the before mentioned statutory right of withdrawal as prescribed by law as follows:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or have taken possession of the last goods or the last part shipment or the last item.
To exercise your right of withdrawal, you must send us (Arcadia Art - Dr. Martin Kirves, Fehmarner Str. 16, 13353 Berlin, e-mail: contact@arcadia-art.de) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (ArcadiaArt - Dr. Martin Kirves, Fehmarner Str. 16, 13353 Berlin) without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Withdrawal form
If you want to revoke the contract, please fill out this form and send it back. You can download the form here as a PDF.
1. by letter / E-Mail to:
Arcadia Art - Dr. Martin Kirves
Fehmarner Strasse 16
13353 Berlin
Germany
Email: contact@arcadia-art.de
2. I/we hereby revoke the contract concluded by me/us on the purchase of the following product(s) :
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(Name of the goods, order number and price, if applicable)
3. Ordered on: ......................... (date)
4. Received on: ....................... (date)
5. (Name, address of the customer)
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6. Signature customer (only for written revocation)
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7. date
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