Terms of Service
General Terms and Conditions – “PastPerfect” and “Arndt Restoration”
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- Table of Contents Terms and Conditions -
- ScopeContract languageConclusion of the contractPrices and shipping, customs dutiesPayment and due dateDeliveryRetention of title Right of cancellation for consumers, cancellation policy and SAMPLE cancellation formMaterial defects Warranty and guaranteeExclusion of liabilityDifferential differencesChoice of law and place of jurisdictionContract text storageOnline dispute settlement by the European CommissionInformation on dispute settlement procedures
- Provider information –
- Copyright -
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from
Constanze Arndt
Gletschersteinstraße 31
04299 Leipzig
Germany
kontakt@arndt-restaurierung.de
Legal form: sole proprietorship
– hereinafter referred to as “provider or seller” –
for the sale and dispatch of goods for contracts concluded by the provider with their customers/buyers.
§ 1 Scope
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier via our PastPerfect website and at www.arndt-restauratur.de. The validity of conflicting general terms and conditions of business or purchase of the customer or a third party is hereby expressly excluded.
(2) A customer is a consumer according to § 13 BGB if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity.
(3) A customer is an entrepreneur according to § 14 BGB if it is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or self-employed professional activity.
§ 2 Contract language
The contract language is German.
§ 3 Formation of the contract
(1) The presentation of the products at www.arndt-restaurierung.de is a non-binding offer to conclude a purchase contract under the conditions contained on the article page.
(2) You can submit a binding purchase offer (order) via the shopping cart system of the seller's online shop. With the shopping cart system, the goods intended for purchase are placed in the "shopping cart".
After pressing the "Checkout" button and then entering all the requested data and selecting the shipping method and payment method, all order data are then displayed again in an order overview.
Before sending the order, you then have the opportunity to check all the details in the order overview of the shopping cart again for input errors and to change them. To do this, you can click on the "Edit" or "Remove" link or cancel the purchase using the "Back" button. function" of the browser to change or cancel. By clicking the "Agree and pay" button, you make a binding offer to conclude a purchase contract with us.
(3) After submitting your order, you will receive an automatic email confirmation that we have received the offer. The order confirmation does not constitute acceptance and does not lead to the conclusion of a contract.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place via a separate e-mail in which we confirm the contract to you.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 Prices and Shipping
(1) The prices of the respective offers as final prices include the statutory sales tax. This does not include packaging and shipping costs.
(2) The customer bears the packaging and shipping costs. The packaging and shipping costs are communicated to the customer on the respective offer website under the note on shipping costs. If you pick up on site, there are no shipping costs.
(3) Customs fees: When shipping to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred within the scope of your order, which are not paid by us or billed by us, but by you are payable directly to the relevant customs or tax authorities. For details, please contact the responsible authorities.
§ 5 Payment and Due Date
Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. Payment is processed via the payment service provider PayPal or bank transfer as prepayment.
A payment period is agreed for payment by bank transfer, after which payment must be made no later than ten days after the conclusion of the purchase contract (acceptance of the order and notification of our bank details). If no payment is made within the agreed payment period, the customer is in default of payment in accordance with Section 286 Paragraph 2 No. 1 BGB, with the result that default interest of five percentage points above the respective base interest rate must be paid in accordance with Section 288 Paragraph 1 BGB. We expressly reserve the right to assert further damage caused by delay.
§ 6 Delivery
(1) The delivery area is the EU.
(2) The delivery date results from the item description of the respective offer.
(3) The delivery takes place by sending the goods to the delivery address specified by the customer and communicated to us.
(4) If delivery to the customer is not possible, the commissioned logistics company will return the goods to the provider, with the customer having to bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the service offered, unless the provider had announced the delivery to him a reasonable time in advance or if the customer thereby exercises his right of withdrawal.
§ 7 Retention of title
The delivered goods remain the property of the provider until full payment has been made. Before the transfer of ownership, pledging, transfer of ownership, processing or transformation is not permitted without the express consent of the provider.
§ 8 Right of cancellation for consumers, cancellation policy and SAMPLE cancellation form
(1) If the customer is a natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (consumer), the customer has a right of withdrawal in accordance with § 312g i. V. m. § 355 BGB.
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must
Constanze Arndt, Gletschersteinstraße 31, 04209 Leipzig, phone: 49 341 8774689, e-mail:
kontakt@arndt-restaurierung.de
by means of a clear statement (e.g. a letter sent by post, telephone, e-mail) about your decision to accept this contract
Consequences of revocation
If you revoke this contract, we have paid 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 different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
End of revocation
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back)
An:
Constanze Arndt
Gletschersteinstrasse 31, 04209 Leipzig
Email: kontakt@arndt-restaurierung.de
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revocation
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 consumer(s) ______________________________________
Address of consumer(s)
_________________________________
_________________________________
_________________________________
__________________________________________________________________________ Date Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable
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(2) According to § 312g Para. 2 No. 1 BGB, there is no right of withdrawal if the goods are not prefabricated and an individual selection or determination by the consumer is decisive for their production or if they are clearly tailored to the personal needs of the consumer . This applies to the entire range of ornament templates and punching patterns.
§ 9 Material defect warranty and guarantee
(1) The provider is liable for material defects towards consumers according to the applicable statutory provisions, in particular according to §§ 434 ff BGB.
(2) Hidden defects must be reported to the provider in writing immediately after their discovery. Deadline is sufficient for the timely dispatch.
(3) In the case of defective goods, the provider will remedy the defect through repair or subsequent delivery. If a subsequent delivery is made, the previously delivered goods must be returned within 30 days at the expense of the provider. If the rectification fails, the customer can choose to reduce the price or withdraw from the contract.
(4) The claims of the customer as a consumer due to defects become time-barred within 2 years for new goods and within one year for used goods. When selling used goods to entrepreneurs, the warranty is excluded. Any claims for damages that remain after the limitation of liability in § 11 are excluded from this.
(5) The period begins with the receipt of the goods.
(6) A guarantee is not agreed.
§ 10 Dimensional differences, color deviations
(1) There may be small deviations in size for handcrafted products.
Textiles: The fabrics used are natural fibers and mixed fabrics with natural fibers. After printing, these are steamed, washed and ironed. The fibers stretch and contract again. Size deviations of the fabric in length and width within ±10% do not constitute a reason for complaint.
Stencils: the material used for the stencils is a tear-resistant plastic film called stencil film. If stored for several months and/or prolonged exposure to sunlight, it will begin to yellow and become brittle. It is therefore not recommended for storing and/or using a product for many years. All motifs were removed and drawn by hand. The motifs were angled and baselines adjusted. Templates are cut by hand by us. Like any handwork, this is also subject to minor fluctuations of less than 5%. These fluctuations do not constitute a reason for complaint.
(2) The provider has no influence on the quality of the stencil foils and transparent paper used. There may also be minor color deviations from previous orders for technical reasons, as well as deviations in the actual color display compared to the display on the monitor. Such technical deviations do not constitute a reason for complaint.
§ 11 Disclaimer
(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) Claims for damages due to injury to life, limb or health and claims for damages resulting from the breach of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. Also excluded from the exclusion of liability is liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
§ 12 Choice of Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer.
(2) If the customer does not have a general place of jurisdiction within the European Union, the court at the place of business of the provider is responsible, unless an exclusive place of jurisdiction is justified for the dispute.
(3) Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention (CISG) is excluded.
(4) The exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the provider if the customer is a merchant.
§ 13 Contract text storage
The seller saves the text of the contract after the conclusion of the contract. When registering in our online shop, the customer can view, save or print out his orders at any time. After the conclusion of the contract, we will send the customer an order confirmation with all the information to the email address you provided, in which you will again be informed of all the essential data of your order, our terms and conditions and the cancellation policy. You have the option of printing out both the general terms and conditions and your order with all the data entered during the ordering process. You can also use the print function of your browser to print out the text of the contract.
§ 14 Online Dispute Resolution of the European Commission
The EU Commission has set up an internet platform for the online settlement of disputes ("OS platform") between entrepreneurs and consumers. This can be reached via the following link: http://ec.europa.eu/consumers/odr
§ 15 Information on dispute resolution procedures:
The seller is not obliged and generally not willing to participate in a dispute settlement procedure before a consumer arbitration board.
Stand: 26.06.2020
Vendor Information
Constanze Arndt
Gletschersteinstraße 31
04299 Leipzig
Germany
kontakt@arndt-restaurierung.de
copyright
The design of the presentation of the items offered, the texts and photographs used are subject to copyright. Duplications, adaptations, distribution and any kind of
Utilization beyond the limits of copyright require written consent
by Ms. Arndt. Downloads and copies of this site are for private, non-commercial use only
use permitted. Any other use of any kind is prohibited without express prior written permission.