Conditions of Use
General Terms and Conditions DESIGN VON HEIN: *StilReich Maria Hein Bahnstraße 25, 16727 Oberkrämer Scope of application (1) *StilReich is a project of DESIGN VON HEIN, owner qualified designer Maria Hein. The business relationship between the customer and DESIGN VON HEIN: *StilReich (hereinafter referred to as DESIGN VON HEIN: *StilReich), the following general terms and conditions shall apply, at the time of the order, as amended. The offers, deliveries and services are subject to these terms and conditions. Deviations from these delivery and payment terms are only effective if confirmed by *StilReich in written form. (2) Entrepreneurs as defined in the General Terms and Conditions are natural or legal persons or partnerships with legal capacity with which business relations are entered into, acting in a commercial or independent professional activity. (3) Consumer as defined in the General Terms and Conditions are natural persons with whom a business relationship is entered into without having be attributed a commercial or independent professional activity to them. Conclusion of the agreement Purchase order Please send us your purchase order at an early stage. It is possible to order the following ways. online: www.design-von-hein.de Phone: 0049-3304-201355 Fax: 0049-3304-201357 E-mail: shop@design-von-hein.de Please be aware that we only able to deliver if we receive all the necessary data: Recipient, sender, payment methods and contact opportunities. To us, your order represents a binding offer for the conclusion of a sales contract.If you submit the order to us, we will send an e-mail to you (order confirmation). This e-mail confirms the receipt of your order, and leads to the details. However, they shall not constitute acceptance of your form fully purchase contract is concluded when we ship the ordered items to you. The shipment to you we will confirm with a second e-mail (shipping confirmation). A purchase contract is just about the products listed in the dispatch confirmation to pass. Print release In particular with design work, all designs, other templates, artwork and proofs have to be checked on formal and other errors by the purchaser to check. Right of Cancellation Pursuant to the German Distance Selling Act - return policy Cancellation policy: Right of withdrawal: You are entitled to withdraw your contractual declaration within two weeks, without the necessity of stating reasons for this, in text form (e.g. letter, fax or e-mail) or - if. the goods are delivered prior to expiry of the deadline - by returning the goods. The deadline shall commence upon receipt of this information regarding the right of withdrawal in text form, however not prior to receipt of the goods by the recipient (in case of repeated deliveries of goods of similar kind, not prior to receipt of the first partial delivery), nor prior to having fulfilled our information obligations under to § 312c paragraph 2 BGB in connection with § 1 section 1, 2 and 4 BGB as well as our obligations according to § 312e section 1 article 1 BGB in connection with § 3 BGB Information Regulations. The timely dispatch of the withdrawal declaration or of the goods shall suffice to meet the deadline Withdrawal by means of a withdrawal declaration in text form is to be directed to: DESIGN VON HEIN: *StilReich Maria Hein Bahnstraße 25, 16727 Oberkrämer shop@design-von-hein.de Consequences of a withdrawal: In case of a valid withdrawal, the performances already received by the parties must be mutually returned and any usufruct which may have been obtained (e.g. interest) must be restituted. . If you are not able to return the performance received entirely or in part, or only in a deteriorated condition, you insofar are obligated to compensate for the loss in value. This shall not apply for the permission to use the goods if the deterioration of the goods was caused only by their examination - in a way which would have been possible for you in a shop. You will furthermore be able to avoid your obligation to compensate for loss in value caused by the utilisation of the goods as intended, by not utilising the goods as your property and by avoiding anything which may impair their value. Goods which can be sent as parcels are to be returned at our risk. You shall be obliged to bear the costs for the return shipment provided that the delivered goods are those you originally ordered and provided that the price for the goods to be returned does not exceed an amount of € 40.00, or - if the price is higher - if at the time of withdrawal you had not provided the counter-performance or a contractually agreed partial payment. In all other cases, the return shipment shall be free of costs for you.. Goods which cannot be sent back as parcels will be collected at your location. Obligations to restitute payments must be fulfilled within 30 days. For you, the deadline shall commence upon dispatch of the withdrawal declaration or of the goods, for us upon their receipt. Prices Our design objects are small unique masterpieces and are worth their price. All prices are given in EURO (€) and quoted inclusive of statutory value added tax to the amount applicable under German law. Upon publication of the article in the online shop of DESIGN VON HEIN: *StilReich the prices given are valid. All prices are, unless expressly agreed otherwise, without shipping costs. Shipping costs Within Germany, we offer free shipping. Should your order be divided into several partial deliveries, DESIGN VON HEIN: *StilReich assumes the shipping costs for subsequent delivery. In respect to the subsequent delivery if the value of goods is less than € 10.00 and the product is not expected to be available for a period exceeding 21 days, the item/s are not automatically delivered . In this case you will be informed by us. Delivery Shipment takes place by sending to the delivery address given by the customer. At this stage we only deliver within Germany. Usually thedelivery of your order shall be made within 2-4 working days. Information stated on our delivery period is not binding. Delivery is carried out ex warehouse to the delivery address specified by the purchaser. The decisive factor for the date of shipment h is in respect to a payment in advance showing the amount on the bank account notified by DESIGN VON HEIN: *StilReich. Information about the delivery deadlines or delivery periods is not binding insofar as the supplier has not explicitly agreed them to be binding. If DESIGN VON HEIN: *StilReich is unable to deliver the ordered goods in due time without own fault, as a supplier of DESIGN VON HEIN: *StilReich did not fulfillits contractual obligations, DESIGN VON HEIN: *StilReich has the right to withdraw from the contract with the buyer. In this case, the customer will be informed immediately that the ordered product is not available. The statutory rights of the Buyer are not affected. Delays in delivery due to reasons DESIGN VON HEIN: *StilReich is not responsible for (e.g. force majeure, fault of third parties, etc.) then the deadline will be appropriately extended. The purchaser will be informed immediately. If the reasons for the delay persist for longer than four weeks after the contract, each Party shall have the to withdraw from the contract. In case the delivery to the buyer is not possible, because the customer is not found under the ship-to-address indicated by it although the point of delivery time was announced to the customer, , the purchaser shall bear the costs of the failed delivery. Shipping is via Deutsche Post AG, DHL or GLS. To design work applies that the contractor shall be relieved from holding to a delivery date when production at DESIGN VON HEIN: *StilReich's or a third party's premises are interrupted due to force majeure. . The delivery of all advertising media, templates or movies will be executed for the account and at the risk of the customer. Excess or shortfall deliveries the general conditions of the printing industry shall apply. Payment terms, payment dates and default The following payment methods are available when ordering and delivery available in Germany: Payment in advance Paypal After you’ve ordered you will receive an order confirmation. Shortly thereafter we will send the invoice to your e-mail. Upon receipt, please transfer the entire amount to our bank account specified with your customer and invoice number. For bank account details please refer to our invoice . Once your payment is received, we will arrange the delivery. Unless payment is effected in advance and Paypal payment the order is not executed before the amount is notified on the bank account of DESIGN VON HEIN: *StilReich. If the payment is not received on the bank account as specified in the order confirmation within 14 days, DESIGN VON HEIN: *StilReich has the right to cancel the order and to withdraw from the contract. The invoices submitted by DESIGN VON HEIN: *StilReich are due after 14 days from date of invoice without deduction. For design work, the invoice shall unless otherwise expressly agreed to 1/3 upon placing the order; the balance shall be due on final completion. For longer-term contracts (2 months after the date of order), further invoices for payments on account are provided. If the buyer defaults, DESIGN VON HEIN: *StilReich shall have the right to demand default interest at 5 percentage points above the relevant base interest of the European Central Bank per year.. If higher default damage is caused DESIGN VON HEIN: *StilReich a DESIGN VON HEIN: *StilReich is entitled to claim it. Reservation of title Until the time complete payment has been effected, the delivered goods shall remain the property of DESIGN VON HEIN: *StilReich. Warranty, transportation damage and claims The statutory warranty regulations shall apply. DESIGN VON HEIN: *StilReich guarantees that at the time of transfer of risk the purchased goods are free from material and manufacturing defects and that it exhibits the contractually assured characteristics. Upon receipt, the customer is obliged to examine the goods for damage and quality immediately. Please report anyTransport damage to the postal carrier / transporter immediately that will draw up a damage report. Please check the suitability before use. DESIGN VON HEIN: *StilReich accepts no liability or warranty. If the customer is an entrepreneur, the purchaser’s warranty rights require that pursuant to § 377 HGB the buyer has duly complied with its inspection and complaint obligation. Visible defects have to be noticed to DESIGN VON HEIN: *StilReich by the purchaser who is an entrepreneur, within 8 days after delivery, obvious defects immediately after discovery. If the claim for defects is not filed in good time warranty shall be deemed excluded. There will be no claims for defects in the case of only slight variation from the agreed quality, in the case of only slight impairment of serviceability where there is natural wear and tear as a result of material quality, in particular of parts that come into contact with workpieces, or in the case of damage, which occurs after the transfer of risk – as a rule as a result of the hand-over or delivery of the item – as a result of improper use or use that is not intended or negligent treatment of our products, faulty installation, excessive stress, unsuitable operating equipment or by virtue of particular external influences, which are not presupposed by the contract. DESIGN VON HEIN: *StilReich shall choose to provide a warranty for defects either by rectification or reproduction within a reasonable period of time. In order forDESIGN VON HEIN: *StilReich to undertake repairs and replacement deliveries which appear to be necessary at his discretion the ordering party shallnotify DESIGN VON HEIN: *StilReich and give the necessary time and opportunity, otherwise DESIGN VON HEIN: *StilReich is released from liability for defect. Warranty claims for works developed by DESIGN VON HEIN: *StilReich expire 12 months after acceptance of the work. The above provision shall not apply in cases when the law prescribes longer periods as mandatory. The short limitation period does not apply if DESIGN VON HEIN: *StilReich can be accused of gross negligence or in the event of bodily and health injury or loss of life of the customer. If DESIGN VON HEIN: *StilReich seriously and definitely denies he removal of a defect and new delivery because of unreasonable costs, or if repair or replacement fails or means an unreasonable imposition for the customer, the customer has the right to choose either to demand only reduction of the purchase price (reduction) or cancellation the contract (withdrawal) and compensation instead of performance within the scope of the limitations of liability. Further claims of the customer, in particular claims for damages that are not incurred in the delivery item itself, shall be deemed to be excluded. For entrepreneurs DESIGN VON HEIN: *StilReich shall not be liable for slightly negligent breach of minor contractual obligations. The exclusion of liability shall not apply to liability for damages agreed for injury to life, body or health which are based on a deliberate or negligent breach of duty of the owner or a deliberate or negligent breach of duty by a legal representative or vicarious agent of the owner. Further, the exclusion of liability shall not apply in cases of intent or gross negligence of the owner or executives or culpable breach of essential contractual duties. In case of culpable breach of essential contractual duties DESIGN VON HEIN: *StilReich shall be liable except in cases of intentional acts or omissions of gross negligence of the owner and senior executive - only for typical reasonably foreseeable damages typical of contracts. The exclusion of liability shall not apply in the cases of damage in which, under the Product Liability Act, liability exists in the case of defects in the object of delivery for injury to persons or for material damage to privately used objects. It shall also not apply in case of absence of characteristics that are expressly guaranteed if the guarantee was directly served to protect the buyer against damages that are not caused to the item itself. Security and data protection With us, your data is safe. Handling with your data we comply with the provisions of the Federal Data Protection Act (BDSG) and the Teleservice Data Protection for Law (TSDPA). The processing of these data shall only take place as far as necessary for the fulfillment and implementation of the contract. We collect and process your personal data to process your order. Besides, you would like to use additional services. In order to process and deliver your order, we can transfer your data to each of the freight forwarder that is commissioned with the delivery. However, we do not pass your data to third parties. A customer always has the right to free information, correction, blocking and deletion of stored data. DESIGN VON HEIN: *StilReich asks the buyer to contact DESIGN VON HEIN: *StilReich, or to send your request by mail or fax to DESIGN VON HEIN: *StilReich. In transactions with companies, DESIGN VON HEIN: *StilReich shall be commited to keep confidential all transactions, business and trade secrets and advertising strategies, becoming known to DESIGN VON HEIN: *StilReich based on the cooperation with the customer. Final provisions The legal relations shall be governed by law of the Federal Republic of Germany. For consumers, this choice has consequences only insofar as the obligatory legal protection guaranteed by the country of the consumer’s habitual residence, is not withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. The place of performance for all contractual and legal claims is the registered office of DESIGN VON HEIN: *StilReich, unless otherwise specified or statutory provisions to preclude. For all disputes arising from the contractual relationship is, if the contractual partner is a businessman, a legal entity under public law or a public law special fund, claims are only to be filed at the court which is responsible for the head office of DESIGN VON HEIN: *StilReich. The same applies if the contractor has no general jurisdiction in Germany or the domicile or habitual residence is not known by the time the complaint is filed. DESIGN VON HEIN: *StilReich is also entitled to bring an action at the seat of the contracting party at its own opinion. If single terms of the contract including the General Terms will get completely or partially invalid with the contract partner the validity of the remaining provisions shall not be affected. The entirely or partially invalid provision shall be replaced by a provision whose economic success of the invalid provision is as closely as possible.