General Terms And Conditions
General Terms And Conditions With Customer Information
- Scope of application
- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Terms of payment
- Title Retention
- Warranty for material defects and guarantee
- Liability for defects
- Storage of the contract text
- Final provisions
1. Scope Of Application
For the business relationship between Astronut – Studio for Art and Design, owner: Andreas Stößel, Bleichstraße 21, 97447 Gerolzhofen (hereinafter „Seller“) and the customer (hereinafter „Customer“), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
You can reach me for questions, complaints and objections by e-mail at email@example.com.
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).
Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers And Service Descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee. All offers are valid „while stocks last“, unless otherwise stated for the products. Errors excepted.
3. Ordering Process And Conclusion Of Contract
The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking the [Checkout] button.
By clicking the [order] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function „back“ to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the „Print“ function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2-5 working days or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
4. Prices And Shipping Costs
All prices stated on the seller’s website include the applicable statutory value added tax.
In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Availability Of Goods
If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
Customers are 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
The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page.
If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
If third-party providers are commissioned with payment processing, e.g. Stripe, their general terms and conditions apply.
If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
The customer’s obligation to pay default interest does not preclude the seller from claiming further damages caused by default.
The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Title Retention
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty For Material Defects And Guarantee
The warranty is governed by statutory provisions.
The goods supplied by the seller are only guaranteed if this has been expressly stated. Customers are informed of the warranty conditions before initiating the order process.
Please also note that the products offered in this store are individual, handmade products. Minor deviations within the prints are normal and do not constitute a defect in the product. However, if the customer is not satisfied with the quality of a product, they can report this by email to firstname.lastname@example.org.
The following exclusions and limitations of liability apply to the seller’s liability for damages, notwithstanding the other statutory requirements for claims.
The seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
Furthermore, the seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage Of The Contract Text
The customer can print out 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.
The seller shall 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 when the goods are delivered, the customer also receives a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. We also save the text of the contract, but do not make it accessible on the Internet.
11. Final Provisions
The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
The contract language is German.
Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.