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 Cancellation

    Prices and Payment Terms

    Delivery and Shipping Conditions

    Retention of Title

    Liability for Defects (Warranty)

    Limitation of Liability

    Redemption of 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 that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented 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 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions are entrepreneurs pursuant to Section 14 of the German Civil Code (BGB), legal entities under private and public law, as well as special assets under public law. If individual of the following provisions apply only to entrepreneurs, this is stated below accordingly.

 

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but are intended for the Customer to submit a binding offer.

2.2 The Customer may submit the binding contractual offer via the online order form integrated into the online shop. The Customer selects the desired products by clicking the "Add to Cart" button. By clicking the cart symbol, the Customer is shown the contents of their shopping cart. In the cart overview, the Customer can change the quantity of each item and remove each item. There, the Customer must click the "Checkout" button to continue the ordering process. On the page to which the Customer is then redirected, they have the option, under the heading "Express Checkout", to be taken directly to the relevant payment service providers by clicking the "shop" or "paypal" button. Alternatively, the Customer may continue by entering their personal data. A binding order is placed by clicking the "Buy Now" button. Until the order is submitted, the Customer may cancel the ordering process at any time by closing the internet browser. Before submitting the order, the Customer may review the contract data at any time and, if necessary, change it using the browser's "Back" button.

2.3 Before submitting the binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, with the help of which the display on the screen is enlarged. During the electronic ordering process, the Customer may correct their inputs using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.4 The Seller accepts the Customer's order within 2 business days by sending an automatic order confirmation to the Customer. This order confirmation again lists all contractual data.

2.5 If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller's offer to conclude the contract already lies in the redirection to the payment service provider, which the Customer accepts by confirming the payment instruction to PayPal, contrary to the foregoing.

2.6 If the Customer pays using a payment method offered by Klarna that can be selected during the online ordering process, the Seller's offer to conclude the contract already lies in the redirection to the payment service provider, which the Customer accepts by confirming the payment instruction to Klarna, contrary to the foregoing.

2.7 If the Customer pays using a payment method offered by shopify that can be selected during the online ordering process, the contract is concluded, contrary to clause 2.4, already when the Customer's account is debited, unless the order confirmation is received by the Customer beforehand.

2.8 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer after submission of their order in text form (e.g. email, fax or letter). Before submitting the order, the contract data can also be printed out or electronically saved using the browser's print function. Any further making available of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.9 The German language is exclusively available for the conclusion of the contract.

2.10 The Customer must ensure that the email address provided by them for the conclusion of the contract and order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using spam filters, that all emails sent by the Seller or by third parties commissioned 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: Local Court of Krefeld

WEEE Reg. No. DE 47508508

WEEE Reg. No. DE 69155742

FR554060_06CQHS

VAT ID No.: DE359356988

Phone: 021538031350

Email: kundenservice@artitree.de

Represented by: Jan Götte and Björn Götte

 

3) Statutory Right of Cancellation

3.1 Consumers are generally entitled to a statutory right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller's cancellation policy at artitree.com/policies/refund-policy.

3.3 The statutory right of cancellation applies exclusively to consumers who, at the time the contract is concluded, have their sole place of residence and sole delivery address within the European Union and the EEA. For consumers who do not meet the aforementioned requirements, a voluntary right of cancellation is excluded.

 

4) Prices and Payment Terms

4.1 The prices stated in the online shop are total prices including statutory VAT. For entrepreneurs, only net prices plus the applicable statutory VAT are stated. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

4.2 In the case of shipment purchase, the Customer bears the transport costs ex warehouse and the costs of any transport insurance requested by the Customer. Transport costs are agreed individually or indicated by the Seller when placing the order. If this is not the case, the transport costs can be found in the table under https://artitree.com/policies/shipping-policy. Any customs duties, fees, taxes and other public charges shall be borne by the Customer.

4.3 The following payment methods and options are offered 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 (Netherlands),

- Klarna

- PayPal.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal 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., whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it advances payment to the Customer (e.g. purchase on account or instalment payment), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. 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, payment may only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations and returns, or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., One Wilton Park, Wilton Place, Dublin 2, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use additional payment services to process payments, for which special payment conditions may apply and of which the Customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). If the Seller also offers payment methods via Klarna for which it advances payment to the Customer (e.g. purchase on account or instalment payment), it assigns its payment claim in this respect to Klarna or to the payment service provider commissioned by Klarna and specifically named to the Customer. Before accepting the Seller's declaration of assignment, Klarna or the payment service provider commissioned by Klarna carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. 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, payment may only be made to Klarna or the payment service provider commissioned by Klarna with discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations and returns, or credit notes.

 

5) Delivery and Shipping Conditions

5.1 Delivery times are agreed individually or stated by the Seller upon acceptance of the order. If this is not the case, the delivery times can be found in the table under https://artitree.com/policies/shipping-policy. The delivery times stated by the Seller are calculated from the time of its order confirmation. The invoice document is received by the Customer after dispatch of the goods.

5.2 Delivery is made ex warehouse, which is also the place of performance for delivery and any subsequent performance. At the Customer's request and expense, the goods shall be shipped to another destination (shipment purchase). In this case, delivery shall be made within the delivery area stated by the Seller to the delivery address provided by the Customer Unless otherwise agreed, the Seller is entitled to determine the type of shipment (in particular the transport company, shipping route, packaging) at its own discretion. For deliveries to Switzerland, MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST), is commissioned with 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 enable smooth delivery to Switzerland, the Seller informs, for reasons of transparency, that MeinEinkauf GmbH in DE-Constance (DE285677365) is also involved in the chain of trade. This does not entail any additional costs for the Customer.

5.3 For goods delivered by freight carrier, delivery is "to the curb", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

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

5.5 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the item over to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or an authorised recipient. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has handed the item over to the freight forwarder, carrier or other person or institution designated to carry out the shipment if the Customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the Seller did not previously name this person or institution to the Customer.

5.6 If the Customer is an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.7 Self-collection of the goods is not possible for logistical reasons.

5.8 If not all ordered products are in stock at the Seller, which the Seller informs the Customer of during the ordering process, the Seller is entitled, at its own expense, to make partial deliveries to the address specified in the order, insofar as this is reasonable for the Customer. If the Seller is in default with outstanding partial deliveries or if outstanding partial deliveries are not possible for the Seller, the Customer is entitled to withdraw from the contract as a whole or to demand damages for non-performance of the entire obligation whenever the partial delivery is not of interest to the Customer.

 

6) Retention of Title

If the Seller makes advance performance, 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 stated in the following provisions, the statutory provisions on liability for defects shall apply.

7.2 If the Customer acts as an entrepreneur, the following shall apply by way of derogation:

a)     For claims based on defects, the statutory provisions of the German Commercial Code shall apply, in particular Section 377 HGB. If a defect becomes apparent upon delivery, inspection or at a later point in time, the Seller must be notified thereof in writing without delay. In any event, obvious defects must be notified in writing within 14 days of delivery and non-obvious defects within the same period after discovery. If the aforementioned obligations are breached, liability for the defect not notified, or not notified in time or properly, shall be excluded in accordance with the statutory provisions.

 

b)     If the delivered item is defective, the Seller may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). If the type of subsequent performance chosen by the Seller is unreasonable for the Customer in a particular case, the Customer may رفض it. The Seller's right to refuse subsequent performance under the statutory conditions remains unaffected.

 

c)     The Seller is entitled to make the owed subsequent performance conditional on the Customer paying the due purchase price. However, the Customer is entitled to withhold a portion of the purchase price that is appropriate in relation to the defect.

 

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

 

e)     The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, shall be borne or reimbursed by the Seller in accordance with the statutory provisions and these Terms and Conditions if a defect actually exists. Otherwise, the Seller may demand reimbursement from the Customer of the costs arising from the unjustified request for remedy of defects if the Customer knew or could have recognised that there was in fact no defect.

 

f)      If a period set by the Customer for subsequent performance has expired unsuccessfully or is dispensable under the statutory provisions, the Customer may withdraw from the purchase contract or reduce the purchase price in accordance with the statutory provisions. However, there is no right of withdrawal in the case of an insignificant defect.

 

g)     Claims of the Customer for reimbursement of expenses pursuant to Section 445a (1) BGB are excluded unless the last contract in the chain of supply is a consumer sale of goods (Sections 478, 474 BGB). Claims of the Customer for damages or reimbursement of futile expenses (Section 284 BGB) shall also exist in the event of defects in the goods only in accordance with the following provisions.

 

h)     By way of derogation from Section 438(1) No. 3 BGB, the limitation period for claims arising from material defects and defects of title - unless the Seller has assumed liability for a longer period under a manufacturer's warranty or has fraudulently concealed the defect - shall be one year from delivery of the goods. If acceptance has been agreed, the aforementioned limitation period shall commence upon acceptance. Claims of the Customer for damages arising from injury to life, body or health, from intentional or grossly negligent breach of duty, as well as under the Product Liability Act, shall become time-barred exclusively in accordance with the statutory limitation periods.

 

i)     The statutory limitation periods remain unaffected for any existing statutory right of recourse.

7.3 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

 

8) Limitation of Liability

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

8.2 The Seller shall be liable for damages, irrespective of the legal basis, within the scope of fault-based liability in cases of intent and gross negligence. In the case of ordinary negligence, subject to statutory limitations of liability (e.g. due care in its own affairs; insignificant breach of duty), the Seller shall be liable only for damages arising from the breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage.

8.3 No limitations of liability shall apply to damages arising from injury to life, body or health. They shall also not apply insofar as defects were fraudulently concealed or a guarantee for the quality of the goods was assumed, and for claims of the Customer under the Product Liability Act.

8.4 The limitations of liability arising here also apply vis-à-vis third parties and in the event of breaches of duty by persons (including in their favour) whose fault the Seller is responsible for under statutory provisions.

 

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller in the context of promotional campaigns with a specific period of validity (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the stated period.

9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

9.4 Several promotional vouchers may also be redeemed for one order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of cancellation.

9.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of authorisation, legal incapacity or lack of power of representation.

 

10) Applicable Law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict of law rules of private international law. For consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who are not nationals of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded.

 

11) Jurisdiction

If the Customer acts as a merchant, legal entity under public law or special fund under public law, the place of jurisdiction - also internationally - for all disputes arising directly or indirectly from the contractual relationship shall be the Seller's place of business.

However, in all cases the Seller is also entitled to bring an action at the place of performance of the service pursuant to these Terms and Conditions or a prior individual agreement, or at the Customer's general place of jurisdiction. Priority statutory provisions, in particular those concerning exclusive jurisdictions, 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 submitted to any codes of conduct.

 

14) Final Provisions

Should individual provisions of these Terms and Conditions be invalid, void or contestable, or become so, the remaining terms and conditions shall remain unaffected.