General terms and conditions of business

 

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

 

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

3. Contract Language, Contract Text Storage
The language(s) available for concluding the contract: German, English, French. We do not store the contract text.

4. Subject of the Contract

4.1 Product Description
Reference is made to the validity of the respective product description as an essential part of the contract.

4.2 Right of Use
The sketches, designs, preliminary products, etc., created by us, if applicable, for the fulfillment of the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the extent contractually agreed.

5. Delivery Conditions

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

6. Payment

6.1 Prices
The prices stated at the time of the order apply. These are total prices and include the statutory value-added tax.

6.2 Due Date and Payment Default
The price is due upon conclusion of the contract, unless a later date results from the following payment conditions.

For customers residing in Germany and Austria:

• For consumers: In the event of payment default, we reserve the right to charge you a fee of 1.50 Euro per reminder for the second and every subsequent reminder. You reserve the right to prove that a lesser damage has occurred. Further claims remain unaffected.
• For entrepreneurs: In the event of payment default, we reserve the right to charge you the statutory default interest of nine percentage points above the base rate and a flat fee of 40 Euro. Further claims remain unaffected.

For customers residing in Switzerland:

• For consumers: In the event of payment default, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and every subsequent reminder. You reserve the right to prove that a lesser damage has occurred. Further claims remain unaffected.
• For entrepreneurs: In the event of payment default, we reserve the right to charge you default interest of nine percentage points above the ECB's base rate and a flat fee of CHF 40. Further claims remain unaffected.

6.3 Payment Methods

In our shop, the following payment methods are generally available to you.

 

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. You will receive further instructions during the ordering process. PayPal may offer other payment modalities in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. Further information can be found in your PayPal account.

 

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

 

You pay the invoice amount in cash upon collection.

7.  Right of Withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs 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 residing in Switzerland, we are entitled to make a corresponding entry in the register of retention of title.

For entrepreneurs, the following also applies: We reserve ownership of 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 hereby assign to us in advance all claims arising from this resale – irrespective of any connection or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities due to us 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

For 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 has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment.

10. Warranty and Guarantees

10.1 Liability for Defects

For consumers residing in Germany and Austria:
The statutory liability for defects applies.

For consumers residing in Switzerland:
You should, as soon as it is feasible in the ordinary course of business, examine the quality of the received item and, if defects appear for which the seller is liable, notify him immediately. If the consumer fails to do so, the purchased item is considered approved, unless the defects were not recognizable during a customary examination. If such defects appear later, the notification must be made immediately after discovery, otherwise the item is also considered approved with regard to these defects.

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

For entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory liability for defects applies. The following restrictions and reductions in deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents 

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

Restrictions for Entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note for Merchants

Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB applies. If you fail to give notice as regulated therein, the goods shall be deemed approved, unless the defect was not discoverable upon examination. This does not apply if we have fraudulently concealed a defect.

10.2 Guarantees and Customer Service

Information on any additional guarantees and their exact conditions can be found with the respective product and on special information pages in the online shop.

11. Liability

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

In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose observance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount 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 secure orders placed with us free of charge up to a certain order value via the buyer protection of Trusted Shops SE. In addition, Trusted Shops, together with a guarantor, offers paid insurance. The Trusted Shops Buyer Protection Conditions apply, which you can find here. The buyer protection is concluded by clicking on the appropriately named button of the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been placed. If you are already registered for buyer protection, your order will automatically be secured (automatic buyer protection) without you having to click the button. In order to offer you the (automatic) buyer protection, the Trustcard must access order data stored in your browser's temporary memory. For this purpose, a hash value of your e-mail address as well as the order number and order sum are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will automatically be secured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure 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, 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 us and you is our registered office.

Should individual clauses of these GTC be wholly or partially ineffective, the remainder of the contract shall remain effective. Insofar as individual clauses are ineffective, the content of the contract shall be governed by the statutory provisions.