General terms and conditions of business
General terms and conditions of business
§ 1 Validity, definitions of terms
HEARTMADE Prints Anna Schneider, Anna Schneider, In Metzlerskaul 14, 56567 Neuwied, Germany (hereinafter: "we" or "HEARTMADE Prints") operates an online shop for goods on the website https://heartmade-prints.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
§ 2 Conclusion of contracts, storage of the contract text
(1) The product descriptions presented in our online shop do not constitute binding offers from us, but serve to submit a binding offer by customers.
(2) When an order is received in our online shop, the following rules apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
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selection of the desired goods,
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Adding the products by clicking on the corresponding button “Add to cart”,
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Checking the information in the shopping cart,
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Call up the order overview by clicking the corresponding button “Continue to checkout”,
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Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
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Complete the order by clicking on the "Buy now" button. This represents your binding order.
(3) Immediately after sending your order, we will send you a confirmation email informing you that we have received the offer. You must ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters. We can accept the customer's offer within three days,
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by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
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by asking you to pay after you have placed your order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by the declaration of intent.
If you have chosen PayPal as your payment method, the contract is concluded at the time you confirm the payment order to PayPal.
(4) Before ordering, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place by email after you have placed the order, partly automatically. We save the contract text and make it available to you on a permanent data carrier after the contract has been concluded, but at the latest upon delivery of the goods.
(5) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by prematurely aborting the order process, closing the browser window and repeating the process.
§ 3 Prices, shipping costs and delivery
(1) The prices and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately. When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the relevant PayPal terms of use.(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products unless the respective article is stated as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) Unless otherwise clearly stated in the product description, all products offered will only be printed after conclusion of the contract and then dispatched (delivery time: 5-12 working days after receipt of payment).
(5) The following delivery area restrictions apply: We deliver within the Federal Republic of Germany.
§ 4 Right of Withdrawal
Consumers have the following right of withdrawal:
cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (HEARTMADE Prints Anna Schneider, Anna Schneider, In Metzlerskaul 14, 56567 Neuwied, Germany, Tel.: 02631 956806, E-Mail: hello@heartmade-prints.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.end of the cancellation policy
Appendix to the cancellation policy: Sample cancellation formsample cancellation form |
(If you want to cancel the contract, please fill out this form and send it back.) |
To: HEARTMADE Prints Anna Schneider, Anna Schneider, In Metzlerskaul 14, 56567 Neuwied, Germany Email: hello@heartmade-prints.com I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only if notification is on paper) Date |
(*) Delete as appropriate. |
§ 5 Retention of Title
(1) The goods remain our property until full payment has been made. Payment is only made when you can no longer unilaterally revoke the payment - if necessary with the help of the payment service provider you have chosen - and can no longer unilaterally request a refund of amounts already paid.
(2) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following provisions shall apply in addition:
The goods remain our property until all claims from the current business relationship have been settled in full. Before ownership of the goods has been transferred, pledging or transferring ownership as security is not permitted. You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized and obliged to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves. If the goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the goods to the other processed items at the time of processing.
The assignment is not in lieu of performance, but as security. We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 6 Copyright
The exploitation rights to the photographs remain with HEARTMADE Prints. Sending a copy does not imply the transfer of exploitation rights. The right of distribution is excluded; this is granted to the customer to the extent specified in Section 17 Paragraph 2 of the Copyright Act.
§ 7 Warranty
(1) The statutory warranty rules apply.
(2) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory warranty rules apply with the following special features:
Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects immediately. To preserve your rights, it is sufficient to send the goods in a timely manner. This also applies to defects discovered later. If the obligation to give notice of defects is violated, the assertion of warranty claims is excluded.
In the event of defects, we will provide a warranty at our discretion by repairing the goods or delivering a replacement (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the delivery address specified in your order, provided that the transport does not correspond to the intended use of the goods. If subsequent performance fails twice, you can demand a reduction in price or withdraw from the contract at your discretion.
The warranty period is one year from delivery of the goods.
§ 8 Liability
(1) We are only liable for damages if we or one of our vicarious agents have breached a contractual obligation or if the damage is due to gross negligence or intent on our part or on the part of one of our vicarious agents. A contractual obligation is an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
(2) If the culpable breach of a contractual obligation is not grossly negligent or intentional, our liability is limited to the damage that was reasonably foreseeable for us at the time the contract was concluded.
(3) The above liability regulations apply to both contractual and non-contractual claims. Liability based on mandatory statutory provisions, in particular the Product Liability Act, assured properties, assumed guarantees and for damages resulting from injury to life, body or health, as well as for claims arising from the GDPR, remains unaffected.
§ 9 Contract Language
The contract language is exclusively German.
§ 10 Final Provisions
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of HEARTMADE Prints.
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.