General Terms of Business and Delivery (GTC)
Last update: February 2010
1. Area of application
1.1. The existing General Terms and Conditions (GTC) apply for all offers and agreements between the Artcover GmbH, Justus von Liebig Strasse 29, 63128 Dietzenbach, Germany, (Artcover) and its contracting parties.
1.2. Solely these GTC apply. Customers’, business partners’ or suppliers’ deviating, opposing or additional general terms and conditions shall only and insofar become an integral part of the contract as Artcover has explicitly agreed to their validity in writing.
2. Conclusion of the contract
2.1. By sending the filled out order form on the Internet, the customer submits a binding proposal to conclude a sales contract respectively contract for labour and materials. Before ultimately sending the order form, the customer has the opportunity of checking the accuracy of his/her entries in an overview and if necessary, of correcting them. The following languages are currently available for the ordering process: German, English.
2.2. Consequently, Artcover sends the customer an order confirmation via email and reviews the legitimate and actual feasibility of the proposal, in particular regarding a possible violation of third party trade mark rights. The order confirmation does not represent the acceptance of the proposal but only serves the purpose of informing the customer that Artcover has received his/her order.
2.3. The contract is not concluded until Artcover explicitly accepts the customer’s proposal in an additional email or sends the ordered products to the customer and confirms the sending of the merchandise to the customer in an additional email (confirmation of shipment).
The details of the order can also be viewed online under www.art-cover.co.uk in the user profile under Ã£orders”.
2.4. As a platform supplier, it is not possible for Artcover to inspect all of the customer’s uploaded motives in advance in regard to possible rights violations. Artcover reserves the right to reject received orders within the statutory term of acceptance should it, in the course of the ordering process, become known or be suspected that the uploading of a motif violates third party rights or statutory provisions.
3.1. Artcover strives to send the ordered articles out within 48 hours as of receipt of the order confirmation by the customer. However, delivery dates and periods of delivery are only binding in the event that Artcover has explicitly confirmed them as such in writing.
3.2. Delivery is effected within Europe. Shipping costs within Europe are EUR 3,80.
3.3. Delivery is effected by a forwarding agent designated by Artcover. The customer is to pay postal charges, which can depend on the order value and the location to which delivery is to be effected. The current shipping costs can be viewed at www.art-cover.co.uk and are displayed for the customer in the ordering process.
4.1. The indicated prices are final prices for buyers in EU countries. They include the incurring statutory taxes, in particular value added taxes. Shipping costs are charged separately and are shown separately in the invoice. The delivery address is decisive.
4.2. All indicated prices are quoted as net prices for buyers outside of the EU. The delivery address is decisive. Should value added tax incur according to the legal requirements in the country to which the goods or services are supplied, this is to be additionally paid upon receipt of the goods. Furthermore, customs duties can arise, which the buyer must additionally pay for upon receipt of the goods.
4.3. The customer is to pay shipping costs, which can depend on the order value and the location to which delivery is to be effected.
4.4. The purchase price and the shipping costs are immediately due net.
5.1. According to the customer’s choice, payment is effected via bank collection, credit card, prepayment or other payment methods. Artcover reserves the right to limit the options of payment methods from which a customer can choose, depending on the order value, shipping region or other realistic criteria.
5.2. As far as the payment method selected by the customer is not feasible on the part of Artcover despite implementation as per agreement, in particular because direct debiting from the customer’s account is not possible for lack of cover on his/her account or because of the indication of incorrect information, the customer is to compensate Artcover or the third party assigned with the handling by Artcover for additional charges which result through this.
5.3. Artcover is entitled to use the services of reliable third parties for the handling of the payment:
6. Retention of title
The goods shall remain the property of Artcover until the contractual claims of Artcover have been met. Should the customer be a merchant, Artcover reserves it proprietary rights to all articles of sale until the receipt of all payments from the business relationship.
Regarding the manner and extent of the delivery, solely the information contained in the order confirmation is decisive. Artcover does not assume any liability for the accuracy of the information, drawings, illustrations, technical specifications, specifications of weight, dimensions or services, which are on the Internet or contained in brochures, catalogues, newsletters, advertisements or price lists. These specifications merely serve an informational purpose.
8. Limitation of liability
9. 8.1. Furthermore, the liability of Artcover shall comply with the statutory provisions unless otherwise determined in these General Terms of Business and Delivery. Artcover shall only be liable for compensation without any limitations and irrespective of legal grounds, in the case of intent and gross negligence. Furthermore, in the case of ordinary negligence, Artcover shall be liable for damages caused by injuries to life, body or health without any limitations. In the event of ordinary negligence and the breach of a fundamental contractual obligation (cardinal obligation), the liability of Artcover shall be limited to the compensation for foreseeable, typically resulting damages. Liability in accordance with the Product Liability Act shall remain unaffected by the preceding regulations.
10. 8.2. As far as the liability of Artcover is excluded or limited in these General Terms of Business and Delivery, this shall also apply for the personal liability for damages of the employees, representatives and vicarious agents of Artcover.
11. Cancellation policy
11.1. RIGHT OF CANCELLATION YOU CAN CANCEL YOUR ORDER WITHIN TWO WEEKS WITHOUT ANY EXPLANATION, EITHER IN WRITING (E.G. LETTER, FAX, EMAIL) OR – IF YOU HAVE BEEN SUPPLIED WITH THE GOODS PRIOR TO THE DEADLINE – BY RETURNING THE GOODS. THE TIME LIMIT BEGINS AFTER THE RECEIPT OF THIS POLICY IN WRITING HOWEVER, NOT BEFORE THE RECEIPT OF THE GOODS BY THE ADDRESSEE (IN THE EVENT OF RECURRING DELIVERIES NOT BEFORE THE RECEIPT OF THE FIRST PARTIAL DELIVERY) AND ALSO NOT BEFORE THE FULFILMENT OF OUR DUTY TO SUPPLY INFORMATION ACCORDING TO &;curren;312C SEC. 2 GERMAN CIVIL CODE IN CONJUNCTION WITH Â¤1 SEC. 1, 2 AND 4 GERMAN CIVIL CODE – ORDINANCE ON THE DUTY TO PROVIDE INFORMATION AS WELL AS OUR DUTIES ACCORDING TO Â¤312E SEC. 1 SENTENCE 1 GERMAN CIVIL CODE IN CONJUNCTION WITH Â¤ 3 GERMAN CIVIL CODE – ORDINANCE ON THE DUTY TO PROVIDE INFORMATION. THE PUNCTUAL DISPATCH OF THE CANCELLATION OR THE GOODS SUFFICES FOR ENSURING THE CANCELLATION DEADLINE.
11.2. THE CANCELLATION OR THE RETURN OF THE GOODS IS TO BE SENT TO:
JUSTUS VON LIEBIG STR. 29
Fax: +49 (0) 6074 91990 17
11.3. CANCELLATION CONSEQUENCES IN THE EVENT OF AN EFFECTIVE CANCELLATION, THE SERVICES RECEIVED BY EITHER PARTY ARE TO BE RETURNED AND IF APPLICABLE ANY BENEFITS WHICH HAVE ACCRUED (E. G. INTEREST) RELEASED. SHOULD YOU NOT BE ABLE TO RELEASE THE RENDERED SERVICE EITHER COMPLETELY OR PARTIALLY OR ONLY IN A DECLINED CONDITION, YOU WILL HAVE TO RENDER VALUE REPLACEMENT IN THIS RESPECT IF APPLICABLE. THIS DOES NOT APPLY IN THE CASE OF SURRENDERED MERCHANDISE SHOULD THE DECLINE OF THE MERCHANDISE SOLELY BE ATTRIBUTED TO ITS EXAMINATION – AS IT WOULD HAVE BEEN POSSIBLE IN A STORE. FURTHERMORE, YOU CAN AVOID THE OBLIGATION OF VALUE REPLACEMENT FOR THE DECLINED CONDITION RESULTING FROM THE INTENDED USE OF THE MERCHANDISE BY NOT USING THE MERCHANDISE AS AN OWNER WOULD AND BY REFRAINING FROM ANYTHING WHICH AFFECTS ITS VALUE. MERCHANDISE WHICH CAN BE RETURNED BY PARCEL POST IS TO BE RETURNED AT OUR RISK. YOU ARE TO BEAR THE COSTS FOR THE RETURN SHIPMENT IF THE DELIVERED MERCHANDISE CORRESPONDS TO THE ORDERED MERCHANDISE AND IF THE PRICE OF THE MERCHANDISE TO BE RETURNED DOES NOT EXCEED THE AMOUNT OF EUR 40 OR IF, IN THE CASE OF A HIGHER PRICE OF THE MERCHANDISE, YOU HAVE NOT YET RENDERED THE RETURN SERVICE OR EFFECTED A CONTRACTUALLY STIPULATED PARTIAL PAYMENT AT THE TIME OF CANCELLATION. OTHERWISE THE RETURN SHIPMENT IS FREE OF CHARGE. MERCHANDISE NOT SUITABLE FOR PARCEL SHIPMENT WILL BE PICKED UP AT YOUR LOCATION. OBLIGATIONS FOR THE REIMBURSEMENT OF PAYMENTS MUST BE FULFILLED WITHIN 30 DAYS. FOR YOU, THE TIME LIMIT BEGINS WITH THE DISPATCH OF THE CANCELLATION OR THE MERCHANDISE, FOR US WITH ITS RECEIPT.
END OF THE CANCELLATION POLICY
11.4. The right of cancellation does not apply to agreements for the delivery of merchandise, which is manufactured according to customer specifications or which is clearly tailored to personal needs according to Â¤ 312d sec. 4 no. 1 German Civil Code. Exceptions are possible as Artcover acts according to the principles of fair dealing.
12. Copyrights on print designs, indemnity
12.1. Should the customer transfer his/her own motive, the customer ensures Artcover that the text and motive are free of third party rights. In this event, possible infringements of copyrights, personality rights or right to a name are at the complete expense of the customer. The customer also ensures that he/she does not violate any other third party rights with the individualisation of the product.
12.2. The customer will indemnify Artcover from all demands and claims, which are asserted due to the violation of such third party rights as far as the customer is responsible for the breach of duty. The customer will compensate Artcover for all arising costs for defence and other damages.
13. Technical and design-related variations
We explicitly point out, that the descriptions and information in our brochures, catalogues and other written and electronic documentation is subject to variations at the time of contract execution in regard to material quality, colour, weight, dimensions, design or similar characteristics as far as this is reasonable for the buyer. Reasonable reasons for alterations can result from standard variations and technical production processes.
14. Data privacy protection
Artcover processes customers’ personal data for the intended purpose and according to the statutory provisions. Artcover uses the personal data (such as name, email address, mailing address, payment data for example), which was specified for the purpose of ordering the goods, for the fulfilment and processing of the contract. Artcover treats this data confidentially and does not transmit it to third parties, who are not involved in the ordering, delivery or payment procedure. Upon request, the customer has the right to receive information free of charge, regarding his/her personal data, which Artcover has stored. Furthermore, he/she is entitled to the revision of incorrect data, disabling and deletion of his/her personal data unless there is a legal obligation to retain data.
15. Jurisdiction – Place of Fulfilment – Applicable Law
15.1. Place of fulfilment for all deliveries is the business location of Artcover in Dietzenbach.
15.2. Provided that the customer is a merchant in terms of the German Commercial Code, a corporate body under public law or a public separate estate, the place of jurisdiction is Offenbach. In this event, Artcover is also entitled to file an action against the customer at the court of his/her domicile should Artcover choose to do so. The same applies in the event that the customer does not have a general place of jurisdiction in Germany, he/she relocates his/her place of residence or main residence outside of Germany after contract conclusion or his/her main residence is unknown at the commencement of an action.
15.3. In accordance with these General Business and Delivery Terms, this contract is solely subject to the laws of the Federal Republic of Germany. The application of the CISG is excluded. Provided that the customer is a consumer in terms of Â¤ 13 German Civil Code and has his/her main residence abroad, mandatory provisions of this country remain unaffected.
15.4. Should individual provisions of these General Business and Delivery Terms be ineffective or contrary to legal provisions, the remaining provisions of the contract remain unaffected thereof.