Terms of service

Terms and Conditions of ArtiTree GmbH

General Terms and Conditions with Customer Information

Table of Contents

 

    Scope

    Conclusion of Contract

    Statutory Right of Withdrawal

    Prices and Payment Terms

    Delivery and Shipping Terms

    Retention of Title

    Liability for Defects (Warranty)

    Limitation of Liability

    Redeeming Promotional Vouchers

    Applicable Law

    Jurisdiction

    Alternative Dispute Resolution

    Codes of Conduct

    Final Provisions

 

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of ArtiTree GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter "Customer") and the Seller in respect of goods displayed by the Seller in its online shop at www.artitree.com (hereinafter "Online Shop"). The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. For the purposes of these Terms and Conditions, a business is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under private or public law, or a special fund under public law. Where any of the following provisions apply only to businesses, this is expressly stated below.

 

2) Conclusion of Contract

2.1 The product descriptions in the Seller's Online Shop do not constitute binding offers by the Seller, but are intended to enable the Customer to submit a binding offer.

2.2 The Customer may submit a binding offer to enter into a contract using the online order form integrated into the Online Shop. The Customer selects the desired products by clicking the "Add to cart" button. Clicking the shopping cart icon displays the contents of the Customer's cart. In the cart overview, the Customer may change the quantity of each item and remove any item. To continue placing the order, the Customer must click the "Checkout" button. On the page to which the Customer is then redirected, the Customer may, under the heading "Express Checkout", click the "shop" or "paypal" button to be redirected directly to the relevant payment service provider. Alternatively, the Customer may continue by entering their personal details. A binding order is placed by clicking the "Buy now" button. The Customer may cancel the ordering process at any time before submitting the order by closing the internet browser. Before submitting the order, the Customer may view the contract details at any time and, if necessary, amend them using the browser's "Back" button.

2.3 Before submitting a binding order using the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The browser's zoom function, which enlarges the display on screen, may be an effective technical means of helping identify input errors. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.4 The Seller accepts the Customer's order within 2 working days by sending the Customer an automatic order confirmation. The aforementioned order confirmation lists all the contract details again.

2.5 If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, then, notwithstanding the foregoing, the Seller's offer to conclude a contract is made when the Customer is redirected to the payment service provider. The Customer accepts this offer by confirming the payment instruction to PayPal.

2.6 If the Customer pays using a payment method offered by Klarna and selectable during the online ordering process, then, notwithstanding the foregoing, the Seller's offer to conclude a contract is made when the Customer is redirected to the payment service provider. The Customer accepts this offer by confirming the payment instruction to Klarna.

2.7 If the Customer pays using a payment method offered by shopify and selectable during the online ordering process, then, notwithstanding Section 2.4, the contract is concluded when the Customer's account is charged, unless the order confirmation has already been delivered to the Customer.

2.8 If an offer is submitted using the Seller's online order form, the Seller stores the contract text after the contract has been concluded and sends it to the Customer in text form (e.g. by email, fax or letter) after the Customer has submitted the order. Before submitting the order, the Customer may also print or electronically save the contract details using the browser's print function. The Seller does not make the contract text available in any other way. If the Customer has set up a user account in the Seller's Online Shop before submitting the order, the order details are archived on the Seller's website and may be accessed free of charge by the Customer through their password-protected user account using the relevant login details.

2.9 The contract may be concluded in German only.

2.10 The Customer must ensure that the email address provided for concluding the contract and processing the order is correct, so that emails sent by the Seller can be received at that address. In particular, if the Customer uses SPAM filters, they must ensure that all emails sent by the Seller or by third parties engaged by the Seller to process the order can be delivered.

2.11 The purchase contract is concluded with:

ArtiTree GmbH

Wevelinghoven 28A

41334 Nettetal

Commercial Register: HRB 19620

Register Court: Krefeld Local Court

WEEE Reg. No. DE 47508508

WEEE Reg. No. DE 69155742

FR554060_06CQHS

VAT ID No.: DE359356988

Telephone: 021538031350

Email: kundenservice@artitree.de

Represented by: Jan Götte and Björn Götte

 

3) Statutory Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further information about the right of withdrawal is provided in the Seller's withdrawal policy at artitree.com/policies/refund-policy.

3.3 The statutory right of withdrawal applies exclusively to consumers whose sole place of residence and sole delivery address, at the time the contract is concluded, are within the European Union or the EEA. Consumers who do not meet the above requirements are not entitled to a voluntary right of withdrawal.

 

4) Prices and Payment Terms

4.1 The prices stated in the Online Shop are total prices and include statutory VAT. For businesses, only net prices are stated, plus the applicable statutory VAT. Any additional delivery and shipping costs are stated separately in the relevant product description.

4.2 For sales involving shipment, the Customer bears the transport costs from the warehouse and the cost of any transport insurance requested by the Customer. Transport costs are agreed individually or stated by the Seller when the order is placed. If this is not the case, the transport costs can be found in the table at https://artitree.com/policies/shipping-policy. The Customer bears any customs duties, fees, taxes and other public charges.

4.3 The following payment methods and options are available to the Customer in the Seller's Online Shop:

- via Shopify Payments: Shop Pay, Visa, Mastercard, American Express, Maestro, UnionPay, Apple Pay, Google Pay, Bancontact (Belgium), EPS (Austria), iDEAL I Wero (the Netherlands),

- Klarna

- PayPal.

4.4 If the Customer selects a payment method offered through the "PayPal" payment service, payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal under which the Seller advances payment to the Customer (e.g. payment by invoice or instalments), the Seller assigns its payment claim to PayPal or to the payment service provider engaged by PayPal and specifically identified to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider engaged by PayPal conducts a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method if the credit check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may discharge their payment obligation only by paying PayPal or the payment service provider engaged by PayPal. However, even if the claim is assigned, the Seller remains responsible for general customer enquiries, e.g. concerning the goods, delivery time, shipment, returns, complaints, declarations of withdrawal and their submission, or credit notes.

4.5 If the Customer selects a payment method offered through the "Shopify Payments" payment service, payment is processed through the payment service provider Stripe Payments Europe Ltd., One Wilton Park, Wilton Place, Dublin 2, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments are shown to the Customer in the Seller's Online Shop. Stripe may use additional payment services to process payments, which may be subject to specific payment terms; the Customer will be notified of these separately where applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.6 If the Customer selects a payment method offered through the "Klarna" payment service, payment is processed through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). If the Seller also offers payment methods through Klarna under which the Seller advances payment to the Customer (e.g. payment by invoice or instalments), the Seller assigns its payment claim to Klarna or to the payment service provider engaged by Klarna and specifically identified to the Customer. Before accepting the Seller's declaration of assignment, Klarna or the payment service provider engaged by Klarna conducts a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method if the credit check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may discharge their payment obligation only by paying Klarna or the payment service provider engaged by Klarna. However, even if the claim is assigned, the Seller remains responsible for general customer enquiries, e.g. concerning the goods, delivery time, shipment, returns, complaints, declarations of withdrawal and their submission, or credit notes.

 

5) Delivery and Shipping Terms

5.1 Delivery times are agreed individually or stated by the Seller when accepting the order. If this is not the case, delivery times can be found in the table at https://artitree.com/policies/shipping-policy. The delivery times stated by the Seller are calculated from the date of its order confirmation. The Customer receives the invoice document after the goods have been shipped.

5.2 Delivery is made from the warehouse, which is also the place of performance for delivery and any subsequent performance. At the Customer's request and expense, the goods will be shipped to another destination (sale involving shipment). In this case, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer. Unless otherwise agreed, the Seller is entitled to determine the method of shipment (in particular, the carrier, shipping route and packaging).

5.3 For deliveries to Switzerland, MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST) is commissioned to handle the delivery. It also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. To ensure smooth delivery to Switzerland, the Seller informs the Customer, for transparency, that MeinEinkauf GmbH in Konstanz, Germany (DE285677365) is also involved in the supply chain. This does not incur any additional costs for the Customer.

5.4 For goods delivered by freight carrier, delivery is made "to the curb", i.e. to the public curb nearest to the delivery address, unless the shipping information in the Seller's Online Shop states otherwise or otherwise agreed.

5.5 If delivery of the goods fails for reasons attributable to the Customer, the Seller is entitled to claim compensation for the resulting damage, including additional expenses (e.g. storage costs).

5.6 If the Customer is acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the goods sold generally passes to the Customer only when the goods are handed over to the Customer or an authorised recipient. By way of exception, even for consumers, the risk of accidental loss or accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.7 If the Customer is a business, the Seller reserves the right to withdraw from the contract if it is not correctly or properly supplied by its own supplier. This applies only if the failure to deliver is not attributable to the Seller and the Seller has concluded a specific covering transaction with its supplier with due care. The Seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately and any consideration paid will be refunded immediately.

5.8 For logistical reasons, collection of the goods in person is not possible.

5.9 If the Seller does not have all the products ordered in stock, which it will inform the Customer of during the ordering process, the Seller is entitled, at its own expense, to make partial deliveries to the address provided with the order, provided this is reasonable for the Customer. If the Seller is in default with any outstanding partial deliveries, or if the Seller is unable to make outstanding partial deliveries, the Customer is entitled to withdraw from the contract as a whole or claim damages for non-performance of the entire obligation, provided that the partial delivery is of no interest to the Customer.

 

6) Retention of Title

If the Seller performs in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.

 

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects apply.

7.2 If the Customer is acting as a business, the following provisions apply by way of exception:

a)     The statutory provisions of the German Commercial Code, in particular Section 377 HGB, apply to claims for defects. If a defect becomes apparent upon delivery, inspection or at a later time, the Seller must be notified of it immediately in writing. In any event, obvious defects must be reported in writing within 14 days of delivery, and defects that are not detectable within the same period from discovery. If the above obligations are breached, liability for defects that were not reported, or were not reported in time or properly, is excluded in accordance with statutory provisions.

 

b)     If the goods delivered are defective, the Seller may initially choose whether to remedy the defect (repair) or deliver goods free of defects (replacement delivery). If the type of subsequent performance selected by the Seller is unreasonable for the Customer in the particular case, the Customer may reject it. The Seller's right to refuse subsequent performance under the statutory conditions remains unaffected.

 

c)     The Seller is entitled to make the required subsequent performance conditional upon the Customer paying the purchase price due. However, the Customer is entitled to withhold a reasonable portion of the purchase price in proportion to the defect.

 

d)     The Customer must give the Seller the time and opportunity required to provide the subsequent performance owed. In the event of a replacement delivery, the Customer must return the defective goods at the Seller's request in accordance with statutory provisions; however, the Customer has no separate right to have the goods returned.

 

e)     The Seller bears or reimburses the expenses required for inspection and subsequent performance, in particular transport, travel, labour and material costs, in accordance with statutory provisions and these Terms and Conditions, if a defect actually exists. Otherwise, the Seller may claim reimbursement from the Customer for costs arising from an unjustified request to remedy a defect, if the Customer knew or could have recognised that no defect actually existed.

 

f)      If a deadline set by the Customer for subsequent performance has expired without success, or is unnecessary under statutory provisions, the Customer may withdraw from the purchase contract or reduce the purchase price in accordance with statutory provisions. However, there is no right to withdraw in the case of a minor defect.

 

g)     The Customer's claims for reimbursement of expenses under Section 445a(1) BGB are excluded, unless the final contract in the supply chain is a consumer goods sale (Sections 478 and 474 BGB). The Customer's claims for damages or reimbursement of futile expenses (Section 284 BGB) in connection with defects in the goods are also subject to the following provisions only.

 

h)     By way of exception to Section 438(1) No. 3 BGB, claims arising from defects in quality and title are subject to a limitation period of one year from delivery of the goods, unless the Seller has accepted liability for a longer period under a manufacturer's warranty or fraudulently concealed the defect. If acceptance has been agreed, the above limitation period begins upon acceptance. The Customer's claims for damages arising from injury to life, body or health, from intentional or grossly negligent breaches of duty, and under the German Product Liability Act are subject exclusively to the statutory limitation periods.

 

i)     The statutory limitation periods remain unaffected with respect to any existing statutory right of recourse.

7.3 If the Customer is acting as a consumer, the Customer is requested to report goods delivered with obvious transport damage to the delivery agent and to inform the Seller. Failure to do so has no effect whatsoever on the Customer's statutory or contractual claims for defects.

 

8) Limitation of Liability

8.1 Unless otherwise provided in these Terms and Conditions, including the provisions of Section 7) and the following provisions, the Seller is liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions.

8.2 Irrespective of the legal basis, the Seller is liable for damages under the principles of fault-based liability in cases of intent and gross negligence. In cases of ordinary negligence, subject to statutory limitations of liability (e.g. due care in one's own affairs; minor breaches of duty), the Seller is liable only for damage resulting from a breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the other party regularly relies and is entitled to rely); in such cases, however, liability is limited to compensation for foreseeable damage of the type typically expected to occur.

8.3 No limitations of liability apply to damage resulting from injury to life, body or health. They also do not apply if a defect has been fraudulently concealed or a guarantee has been given as to the quality of the goods, or to claims by the Customer under the German Product Liability Act.

8.4 The limitations of liability set out herein also apply in favour of third parties and in the event of breaches of duty by persons (including in their favour) for whose fault the Seller is liable under statutory provisions.

 

9) Redeeming Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns for a specified period of validity (hereinafter "Promotional Vouchers") may be redeemed only in the Seller's Online Shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if the terms of the Promotional Voucher include such a restriction.

9.3 Promotional Vouchers may be redeemed only before the order is completed. They cannot be applied retroactively.

9.4 Multiple Promotional Vouchers may also be redeemed in a single order.

9.5 The value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The balance of a Promotional Voucher is neither paid out in cash nor does it accrue interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by providing the relevant benefit to the holder who redeems the Promotional Voucher in the Seller's Online Shop. This does not apply if the Seller knows, or is grossly negligent in failing to know, that the relevant holder is not entitled to redeem it, lacks legal capacity or lacks authority to act on behalf of another.

 

10) Applicable Law

10.1 All legal relations between the parties are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not deprived.

10.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not from a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

 

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the courts at the Seller's place of business have jurisdiction, including international jurisdiction, over all disputes arising directly or indirectly from the contractual relationship.

However, in all cases, the Seller is also entitled to bring an action at the place of performance under these Terms and Conditions or a prior individual agreement, or at the Customer's general place of jurisdiction. Mandatory statutory provisions, in particular those concerning exclusive jurisdiction, remain unaffected.

 

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

13) Codes of Conduct

The Seller has not agreed to comply with any codes of conduct.

 

14) Final Provisions

If any provision of these Terms and Conditions is or becomes invalid, void or contestable, the remaining provisions remain unaffected.

Warranty Terms of ArtiTree GmbH

(Wevelinghoven 28A, 41334 Nettetal)

As of: 28.09.2026

In addition to the statutory warranty, the Seller provides a voluntary guarantee for goods displayed in its Online Shop at www.artitree.com, in accordance with its General Terms and Conditions as amended from time to time and subject to the following terms.

§ 1    Scope of the Guarantee

The trunks, branches, hinges and metal structures of the goods displayed in the Seller's Online Shop at www.artitree.com are guaranteed to be free from material and manufacturing defects during the guarantee period. Electronic components, in particular LED lighting, power supplies, control units and cables, are not covered by this guarantee.

§ 2    Guarantee Period / Registration

The guarantee period is 10 years. The guarantee is conditional upon the Customer registering the goods at https://artitree.com/apps/warranty/registrants/new within 30 days of purchase. The Customer will then receive a registration confirmation.
The guarantee period begins upon the aforementioned registration.

§ 3    Guarantee Claim / Defects

A guarantee claim arises if, during the guarantee period, the goods have a defect in the trunk, branches, hinges or metal structure that is attributable to a material or manufacturing defect and substantially impairs the functionality of the goods.

§ 4    Exclusions from the Guarantee

The guarantee does not cover the following cases:
-    normal wear and tear,
-    improper assembly, use or disassembly,
-    defects resulting from failure to follow the assembly instructions, in particular colour changes caused by UV radiation,
-    damage caused by the use of force,
-    damage resulting from attempted repairs by the Customer,
-    improper storage contrary to the assembly instructions, in particular storage outdoors or in rooms with high humidity or temperatures above 50 °C, 
-    damage resulting from environmental influences, in particular heat, moisture or UV radiation,
-    damage caused by overloading the branches (e.g. Christmas decorations weighing more than 150 grams per branch)

§ 5    Customer's Rights Under the Guarantee

(1)    If a guarantee claim arises, the Seller will remedy the defect free of charge, at its discretion, by repairing it or replacing the affected part with new or refurbished comparable or higher-quality goods (hereinafter "Replacement Goods").
(2)    A refund of the purchase price is excluded.
(3)    Any further claims by the Customer under this guarantee are also excluded; in particular, the guarantee does not cover compensation for consequential damage caused by defects or claims for damages.
(4)    Original parts replaced under the guarantee become the property of the Seller. Replacement Goods become the property of the Customer.
(5)    Making a claim under this guarantee does not extend or restart the guarantee period. The Customer has no further entitlement under these guarantee terms for parts that have already been replaced once under the guarantee.

§ 6    Making a Guarantee Claim

(1)    Warranty claims must be asserted by the customer without delay, and no later than 14 days after discovering the defect, during the warranty period.
(2)    Claims must be submitted in text form by email to customer service (kundenservice@artitree.de), together with the proof of purchase, the registration confirmation pursuant to Section 2, and a description of the defect (including photos and/or video documentation, if applicable).
(3)    Customer service will first check whether the above warranty requirements under Section 2 have been met. If these requirements have not been met, the customer will be notified within 2 business days.
Otherwise, customer service will send the customer a return shipping label. Sending the return shipping label does not constitute confirmation by the seller that the claim is covered by the warranty.
(4)    After receiving the return shipping label, the customer is required to return the disputed goods to the seller. The goods must be returned in a properly packaged parcel, at the customer's expense, to the following address:
ArtiTree GmbH
Christenfeld 1
41379 Brüggen
Germany

The seller will then inspect the goods to determine whether the requirements under Section 3 have been met and no exclusion ground under Section 4 applies. The customer will receive a response by email within 7 days.

Section 7    Statutory Rights

The warranty does not limit statutory rights, in particular statutory warranty rights.

Section 8    Applicable Law, Place of Jurisdiction

(1)    The law of the Federal Republic of Germany shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the application of conflict-of-law rules under private international law are excluded. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
(2)    If the customer is a merchant, a legal entity under public law, or a special fund under public law, the seller's place of business shall be the place of jurisdiction, including for international cases, for all disputes arising directly or indirectly from the contractual relationship. 
(3)    In all cases, however, the seller is also entitled to bring an action at the place of performance under these warranty conditions or any individually negotiated agreement taking precedence over them, or at the customer's general place of jurisdiction. Mandatory statutory provisions, in particular those governing exclusive jurisdiction, remain unaffected.