Terms



The English translation is for informational purposes only and is not a legally binding document.



§ 1 SCOPE

For the business relationship between Fine Art Europe GmbH, Munich, acting under the trademark ARTOUI, and the buyer, the following terms and conditions apply exclusively in their version valid at the time of the order. The following terms and conditions apply to all orders via our online shop, our store or even orders at our production site. ARTOUI does not recognize diverging conditions of the purchaser, unless ARTOUI has expressly agreed to their validity in writing.



§ 2 CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT

The purchase agreement is concluded with Fine Art Europe GmbH, Munich (hereafter referred to as ARTOUI).

The presentation of the products in the online shop, in brochures or advertisements does not constitute a legally binding offer. You can submit our products in the online shop without obligation in the cart. The products you have selected will be summarized in an overview at the end of the order process. You can correct your entries at any time before submitting your binding order by using the corrective tools for changes and additions provided and explained in the ordering process. By clicking on the order button, you make a binding order to ARTOUI for the goods contained in the shopping cart (offer). The confirmation of the receipt of your order with the listed details of your order will be sent by e-mail immediately after sending your order.



When the contract is concluded with us depends on the payment method chosen by you in the order process:



Cash on delivery, invoice, credit card

We accept your order by sending a declaration of acceptance in separate e-mail or by delivering the goods within 7 days.



Payment in advance

We accept your order by sending a declaration of acceptance in separate e-mail within three days. This e-mail contains our bank details.



PayPal

In the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in our online shop, we request PayPal to initiate the payment transaction. As a result, your offer is accepted by us.



Cash on pickup

We accept your order by sending a declaration of acceptance in separate e-mail within three days.



The text of your order will be saved by us. Upon completion of your order, ARTOUI will send you this order text upon request. We recommend that our customers print out the order data and the general terms and conditions valid at the time of ordering. German is available as contract language.



We sell all products only in normal household quantities.





§ 3 DELIVERY CONDITIONS AND SHIPPING COSTS

Unless otherwise agreed, the delivery will be made ex warehouse to your address or to the delivery address specified by you. The delivery time is within Germany about 7 working days and abroad about 10 working days.



In the event of delivery disruptions that are beyond the control of ARTOUI (in particular due to force majeure) and are not culpably caused by us, ARTOUI is entitled to rescind the contract, provided that the impediment to performance is not merely temporary. During the time of the obstacle, ARTOUI will not be in default. The already paid purchase price will be fully refunded in case of withdrawal.



The prices quoted in the online shop are final prices including VAT.



In addition to the stated prices of our products shipping costs are added. Information about the amount of shipping costs can be found in the offers.



For the dispatch we hand over the post office and, if known, also the e-mail address to our shipping service provider, so that the package can be delivered to you and you can be informed of the time of delivery by our shipping service provider prior to receipt. This transfer takes place on the basis of §5 PDSV (Postdienstdatenschutzverordnung) and §28 Abs.1 BDSG (Federal Data Protection Act) within the scope of the dispatch order between ARTOUI and the shipping service provider for the purpose of delivery and does not require the consent of the recipient. The shipping service provider processes this data solely for this purpose and no other. The data is collected on an order / shipment basis and stored in the context of the legal requirements on archiving periods in our databases, for example for complaints and billing purposes.



You have the option of picking up in our shop in Munich or our production site in Kirchseeon near Munich.





§ 4 PAYMENT

In our online shop you can always use the following payment methods:



Payment in advance

By selecting the payment method advance payment, you will receive our bank details in a separate e-mail and we deliver the goods after receipt of payment.



Credit card

Your credit card details will be sent to us when placing your order. After your legitimacy as a legitimate cardholder, we request your credit card company immediately after the shipment of goods to initiate the payment transaction. The payment transaction is automatically executed by the credit card company. Your credit card will be charged.



cash on delivery

You pay the purchase price directly to the delivering driver. There are plus 10 Euro as COD costs.



PayPal

In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be executed automatically by PayPal immediately thereafter.



invoice

You pay the invoice amount upon receipt of the goods and the invoice by bank transfer to the bank account specified on the invoice. We reserve the right to offer the purchase on account only after a successful credit check.



Cash on pickup

You pay the invoice amount in cash on collection of the goods.





§ 5 RIGHT OF WITHDRAWAL

The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/.

We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.



For works with a freely chosen configuration, there is no right of revocation, since the created works are made individually according to your specifications. For individual products a right of revocation according to § 312 g Abs. 2 Nr. 1 BGB is excluded.



For all online orders of prefabricated works you have the following 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



where you or a third party named by you, other than the carrier, has or has taken possession of the goods, if you have ordered one or more goods in a single order and have delivered the goods or goods as a whole will or will be



or



where you or a third party named by you, other than the carrier, has or has taken possession of the goods, if you have ordered one or more goods in a single order and have delivered the goods or goods as a whole will or will be



To exercise your right of withdrawal, you must, Fine Art Europe GmbH / ARTOUI, Sirusstraße 9, 85614 Kirchseeon, Tel: +49 89 32 400 500, E-mail: info@artoui.com by means of a clear statement (eg one with the Mail, fax or e-mail) about your decision to cancel this contract. You can use the attached model withdrawal form. This is not mandatory.



To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.



Consequences of the cancellation



If you withdraw from this Agreement, we will have you all the payments we have received from you, including delivery charges (except for the additional costs that result from choosing a different delivery method than the standard delivery offered by us have to repay immediately and at the latest within fourteen days from the day on which the declaration of your revocation of this contract has been received by us. For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you. You will not be charged any fees due to this repayment. We may refuse to repay you until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.



You must return the goods immediately and in any case not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.



We bear the cost of returning the goods for orders from Germany, the EU and Switzerland.



You bear the immediate costs of returning the goods on orders from all other countries. The goods can not usually be returned to the normal postal service. For more information, please contact our customer service: info@artoui.com



You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.



ARTOUI sample withdrawal form



Download sample withdrawal form





§ 6 SET-OFF AND RETENTION

You are only entitled to set-off if your counterclaims have been legally established or recognized by ARTOUI. You are also entitled to offsetting if you assert claims for defects or counterclaims from the same purchase contract. In addition, you are only authorized to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.





§ 7 OWNERSHIP AND DELAY

The delivered goods remain the property of ARTOUI until complete and final payment. If the customer defaults on the payment of his purchase price, ARTOUI has the right to take possession of the goods subject to retention of title after a reminder and after the expiry of a reasonable period of grace. The assertion of the retention of title as well as the removal or seizure of the goods by ARTOUI shall not be deemed rescission of the contract, insofar as the non-binding law precludes in particular the provisions governing consumer credit.



For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims. However, ARTOUI may also collect claims on its own, provided that you do not meet your payment obligations.





§ 8 WARRANTY

The statutory warranty rights apply, unless otherwise expressly agreed. Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.



In principle, there is no guarantee for the fading or the water resistance of printed products, unless expressly provided in writing a written guarantee (eg UV-coated printing process with protective laminate). ARTOUI expressly states that the printed matter / artwork is intended for use in confined spaces only, unless otherwise stated in the product description.



The designations and specifications defined at the time of conclusion of the contract constitute the technical status at this time. Minor technical deviations (eg image trimming or color of the term) of the delivered goods from the advertised goods are permissible and do not constitute a mistake insofar as they are within the normal commercial scope and the contractual purpose is not significantly restricted. Images that are cropped, as usual in the commercial context, slightly, but not significantly differ from the given sizes. Low, commercial, color differences in the printout can occur if the customer's monitor is calibrated otherwise and not colourfast. Black-and-white prints may contain a small, commercial color cast due to color printing. Complaints, credits and replacements in this regard are excluded unless the deviation is outside the normal commercial scope.



The limitation period for claims arising from material defects is 24 months. If the customer is an entrepreneur (§ 14 BGB), the deadline is 12 months.



If you are an entrepreneur in accordance with § 14 BGB (German Civil Code), your claims for defects presuppose that you have complied with your statutory inspection and complaint obligations (§§ 377, 381 HGB). If, on the occasion of the examination or later, a defect becomes apparent, ARTOUI must be informed immediately in writing. The notification is deemed immediate if it takes place within 14 days. For timely delivery of the timely dispatch of the ad is sufficient. Irrespective of this duty of inspection and notification of defects, you must notify us in writing of obvious defects (eg delivery with incorrect content or with missing goods) within 14 days of delivery. In order to meet the deadline, the timely submission of the advertisement is sufficient in this case as well. Failure to properly inspect and / or report defects, ARTOUI's liability for the non-indicated defect is excluded.





§ 9 TRANSPORT DAMAGES

If you receive our goods with obvious transport damage, please complain to the deliverer or driver as soon as possible and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. You help us assert our own claims against the carrier or the transport insurance.





§ 10 LIABILITY

There is basically the statutory warranty right.



With the exception of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), ARTOUI is only liable for damages that are attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages such as lost profits in particular.



The liability is limited to consumers except in the case of intentional or grossly negligent behavior or damage from injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations) to the typically foreseeable damages at the conclusion of the contract and otherwise the amount of the average damages typical for the contract , This also applies to indirect consequential damages such as lost profits in particular.



The liability is limited to entrepreneurs except in the case of injury to life, limb and health or willful or grossly negligent conduct of ARTOUI on the typically predictable damage at the conclusion of the contract and otherwise the amount of the average damages typical for the contract. This also applies to indirect damages, especially loss of profit.



The limitation of liability of paragraphs 2 to 4 shall apply mutatis mutandis in favor of employees and vicarious agents of ARTOUI.



Liability under the Product Liability Act remains unaffected.





§ 11 Collection, processing and use of customer data

All regulations for the protection of your personal data can be found under Privacy.





§ 12 OBLIGATIONS OF THE CUSTOMER IN HIGH-PURCHASED IMAGE MATERIAL

The processing of the picture material supplied by the customer takes place in the context of an automated procedure without examination and correction by ARTOUI. By uploading image files, the customer confirms that he has the right to distribute and reproduce the contents and materials of this file, in particular that he possesses the necessary copyright rights of use and, if necessary, with the consent of the persons depicted i.S.d. § 22 Art Copyright Act.



Customer warrants that it does not use illegal violence, adulterous racist material, materials and content, propaganda material, unconstitutional or counterfeiting or criminal offenses, pornographic material or content that is the subject of child sexual abuse or sexual activity Animals and also no discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age shall be sent to ARTOUI. The customer also confirms that no laws are being violated to protect the youth or criminal laws and that the templates do not infringe any copyright, trademark or other proprietary rights of third parties, the general privacy rights or other rights.



Should ARTOUI be claimed by third parties for the failure to process a claim uploaded by the customer, for compensation, damages or otherwise, the customer is obliged to indemnify ARTOUI from these claims.



The customer confirms that he will use the image exclusively for private, decorative use.



§ 13 RIGHTS OF USE

All image material published on our website may not be copied, further processed or published elsewhere without permission.



The use of our printed matter is approved only for the interior and interior design. Medial and reproductive reproductions are not permitted and require a request.



The purchase of a photographic print or a print of a painting or other work of art includes the property in rem. The customer is not entitled to produce, duplicate or distribute the goods by ARTOUI itself or by third parties. Reproduction, duplication, leasing, distribution, making available to the public or any other analogue or digital exploitation are not permitted unless permitted by law.





§ 14 FINAL PROVISIONS, PLACE OF FULFILLMENT, JURISDICTION

If you are an entrepreneur, then German law applies excluding the UN sales law.



Are you a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business. This provision also applies if you have relocated your place of residence abroad after the conclusion of the contract or your place of residence is unknown to us at the time the complaint is filed.



Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract.



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