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1. scope of application / delivery restrictions
For the business relationship and in particular for the sale of products of all kinds and accessories (hereinafter collectively referred to as "Products") between
ArtHe Tex GmbH, Neumagener Str. 42, 13088 Berlin (hereinafter "ArtheTex")
and the purchaser shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. You can also print them out.
Orders and deliveries of products are only possible within Germany, Austria and Switzerland. The order of larger than household quantities is only possible with the express prior consent of ArtheTex, please feel free to contact us directly.
2 Offer, conclusion of contract, reservation of delivery
The web pages and advertisements as well as advertising materials of any kind of ArtheTex represent only an invitation to submit an offer. With your order, you make a binding offer to conclude the contract. After placing your order, you will receive a message from ArtheTex confirming the receipt of your order and listing its details (order confirmation). The contract is only concluded when ArtheTex either explicitly accepts the order or actually fulfils the order by sending the products.
If individual products are no longer available, there is no claim to delivery. ArtheTex is entitled to partial deliveries of products.
3. revocation instruction and exclusion
W I D E R R E P R E S E N T A T I O N
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (ArtHe Tex GmbH, Neumagener Str. 42, 13088 Berlin, firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we must repay 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 type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.
End of the cancellation policy.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
- for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it to us.
Put it back).
- To ArtHe Tex GmbH, Berlin, Neumagener Str. 42, 13088 Berlin, E-MAIL: email@example.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 consumer(s):
- Address of consumer(s):
- Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable.
Our voluntary return guarantee:
Irrespective of the aforementioned right of withdrawal, you may return all products purchased from us within 30 days of receipt of the goods, provided the goods are complete and in an unused and undamaged condition.
4 Prices, shipping costs, terms of payment
All indicated prices are final prices in EURO and contain, subject to the following regulations, all price components including the legal value added tax as far as relevant. Any shipping costs incurred are to be borne by the customer and will be shown by ArtheTex when the order is placed. ArtheTex reserves the right to ship certain products free of shipping costs; the customer has no right to this. Customs or import fees as well as taxes for deliveries abroad are to be paid by the customer.
Basically, the purchase price for ordered products can be paid via Paypal, instant bank transfer, credit card (VISA) or cash in advance.
If the method of payment chosen by the customer cannot be carried out by the supplier despite the contractually agreed execution, in particular because a direct debit from the customer's account is not possible due to insufficient funds in the customer's account or due to the provision of incorrect data, the customer must reimburse the supplier or the third party commissioned by the supplier with the processing for the additional costs incurred as a result.
Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
ArtheTex is responsible for the type of dispatch, the dispatch route and the selection of the transport or forwarding company, unless the customer has given express written instructions.
5 Delivery, retention of title
The delivered products remain the property of ArtheTex until full payment has been received.
Information about the delivery period is non-binding, unless the delivery date has been bindingly promised in writing by way of exception. We strive to ship the ordered products within 3 days after acceptance of the order. For detailed information on the respective delivery date of your ordered goods, please refer to the details of the order.
Should products no longer be available, ArtheTex reserves the right to release itself from the contractual obligation. At the same time, ArtheTex undertakes to inform the customer immediately about the unavailability and to refund any consideration received without delay.
Pre-ordered products will be shipped upon availability.
Defective products are to be sent to the address stated in point 3. Please enclose a copy of the invoice.
The presentation of the products, e.g. on the internet platform or brochures of ArtheTex, does not constitute a guarantee of quality, but merely a description of characteristics. Certain characteristics of the products are only guaranteed by ArtheTex if ArtheTex has expressly confirmed this.
ArtheTex shall not be bound by the granting of a guarantee by a third party, in particular the manufacturer of the products. Claims arising from such a guarantee must be asserted directly against the third party.
In the event of a warranty claim, the statutory provisions shall apply.
7. data protection
All personal data will be treated confidentially. Only the data required for the processing of the order will be stored. In the context of order processing, the service providers we use (carrier, logistician) receive the data necessary for the processing of the contract.
ArtheTex shall be liable in accordance with the statutory provisions insofar as claims for damages are asserted which are based on intent or gross negligence, including intent or gross negligence on the part of its representatives or vicarious agents. The same shall apply in the event of a guarantee given in writing regarding the quality of the item, in the event of fraudulent concealment of a defect, as well as for damages due to injury to life, limb or health, as well as in the event of liability under the Product Liability Act.
In addition, ArtheTex is liable in accordance with the statutory provisions if a contractual obligation is culpably breached, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the customer may regularly rely (cardinal obligation). The claim for damages is then limited to the foreseeable, typically occurring damage. This claim for damages shall become time-barred within twelve months after delivery.
Insofar as nothing to the contrary is regulated above, liability is excluded.
Insofar as any liability of ArtheTex is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
In cooperation with Klarna we offer the following payment options. The payment is made to Klarna in each case:
Klarna invoice: Payable within 14 days from the invoice date. The invoice will be issued upon shipment of the goods and sent by e-mail. You can find the invoice conditions here.
Klarna instalment purchase: With the Klarna financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least EUR 6.95). For more information on Klarna Instalment Purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, click here.
Credit card (Visa/ Mastercard)
German law applies to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. This also applies to orders from abroad.
The place of jurisdiction for fully qualified merchants as well as customers who do not have a general place of jurisdiction in the European Union or who have moved their place of residence or habitual abode outside these countries after conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is brought, is Berlin.