General terms and conditions of business

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with Lisa Schwiesselmann and Sabine Welz GbR.

By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation email.

3. Contract language, contract text storage
The language(s) available for concluding the contract: German, English, French. We do not save the contract text.

4. Subject matter of the contract

4.1 Product description
Attention is drawn to the validity of the respective product description as an essential part of the contract.

4.2 Right of use
Any sketches, drafts, preliminary products, etc. we may create to fulfill the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order, within the contractually agreed scope.

5. Delivery conditions

Delivery options
We ship the products to the delivery address specified during the order process. You generally have the option of picking up your order from ART-DOMINO YOUR WORLD IN POP ART, Tauentzienstrasse 9-12, 10789 Berlin, Germany, during the following business hours: Monday to Saturday, 11 a.m. to 7 p.m.

6. Payment

6.1 Prices
The prices stated at the time of the order apply. These are total prices and include VAT.

6.2 Due date and default of payment
The price is due upon conclusion of the contract unless a later date is specified in the following payment terms.

For customers based in Germany and Austria:

• To consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage was less than the amount paid. This does not affect any further claims.
• To businesses: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate, plus a flat fee of €40. This does not affect any other claims.

For customers based in Switzerland:

• To consumers: In the event of late payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage was less than the amount paid. This does not affect any further claims.
• To businesses: In the event of late payment, we reserve the right to charge you default interest at a rate of nine percentage points above the ECB base rate, plus a flat fee of CHF 40. This does not affect any other claims.

6.3 Payment methods

The following payment methods are generally available in our shop.

PayPal

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process. PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods in their customer accounts. However, we have no influence on the availability of these methods; other individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

The invoice

The invoice amount is due within 7 days of receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to only offer purchase on account after a successful credit check.

Cash on pickup

You pay the invoice amount in cash upon collection.

7. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

8. Retention of title
The product remains our property until full payment has been made.

For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

The following additionally applies to entrepreneurs: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.

10. Warranty and guarantees

10.1 Liability for defects

The following applies to consumers based in Germany and Austria:
The statutory liability for defects applies.

The following applies to consumers based in Switzerland:
They should, as soon as feasible in the normal course of business, inspect the condition of the received item and, if defects are discovered for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed to have been accepted, unless the defects were not detectable during the usual inspection. If such defects become apparent later, notification must be made immediately upon discovery; otherwise, the item is deemed to have been accepted even with regard to these defects.

Please return the defective product to us with a description of the defect. You will bear the resulting transport costs. We provide a warranty by remedying defects. This will be done, at our discretion, either by eliminating the defect (repair) or by delivering a defect-free item (replacement). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply to minor defects. A right to a price reduction is excluded.

The following applies to entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory warranty law applies. The following limitations and shortened deadlines do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents.

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

Restrictions on entrepreneurs

With businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

Notice to merchants

Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.

10.2 Guarantees and customer service

Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

11. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or our vicarious agents, liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

12. Agreement on the use of Trusted Shops Buyer Protection
You can protect orders placed with us free of charge up to a certain order value through Trusted Shops SE's Buyer Protection. Trusted Shops also offers paid protection together with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions apply; you can find them here. Buyer Protection is concluded by clicking on the corresponding button on the so-called Trustcard, which appears as a pop-up on the order thank you page after placing an order. If you are already registered for Buyer Protection, your order will be automatically protected (automatic Buyer Protection) without you having to click the button. In order to offer you (automatic) Buyer Protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your email address, as well as the order number and order total, are transmitted to Trusted Shops. If you are already registered for Buyer Protection, your order will be automatically protected. If you are not yet registered for Buyer Protection, you can register using the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms linked above.

13. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.

Should individual clauses of these Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. To the extent that individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.