General terms, conditions and Customer Information
Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Clara Haseloff) via the website https://pima-art.com. Unless otherwise agreed, the inclusion of your own conditions is hereby objected to.
(2) Consumers within the meaning of the following regulations are any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneurs are any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) With the placement of the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" and make changes at any time using the corresponding button in the navigation bar. After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, the order data is displayed as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system. If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check, change, or cancel the order using the "back" function of your internet browser. By submitting the order via the corresponding button ("order with obligation to pay" or a similar designation), you legally accept the offer, thereby concluding the contract.
(4) Your requests to create an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The order processing and transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) SEPA Direct Debit (Basic and/or Corporate Direct Debit) For payment by SEPA basic direct debit or SEPA corporate direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. The deadline for the pre-notification (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a chargeback due to your fault, you must bear the resulting bank fee.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transfer of ownership of the reserved goods, a pledging or chattel mortgage is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to comply with this does not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it before submitting the contract declaration by us, and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies differently from the above warranty regulations:
a) Only our own specifications and the product description of the manufacturer are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise, and statements of the manufacturer.
b) In the event of defects, we provide a warranty at our discretion through rectification or replacement. If the rectification fails, you can choose either a reduction or withdraw from the contract. The rectification is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances.
c) The warranty period is one year from the delivery of the goods. The reduction in the period does not apply:
– for damages attributable to us that were culpably caused by the violation of life, body, or health and for other damages that were caused intentionally or grossly negligently; – insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the item; – for items that have been used in accordance with their usual purpose for a building and have caused its defectiveness; – for statutory recourse claims that you have in connection with warranty rights.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence (favorability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
§ 7 Youth Protection
(1) When selling goods subject to the regulations of youth protection law, we only enter into contractual relationships with customers who have reached the legally required minimum age. Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you assure that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obliged to ensure that only you or persons authorized by you to accept delivery, who have reached the legally required minimum age, receive the goods.
(3) Insofar as we are obliged by legal regulations to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally required minimum age and, in case of doubt, to present the ID card of the person receiving the goods for age verification.
(4) Insofar as we indicate beyond the legally required minimum age in the respective item description that you must have reached the age of 18 to purchase the goods, the above paragraphs 1-3 apply with the proviso that majority must be present instead of the legally required minimum age.
II. Customer Information
- Identity of the Seller
10319 Berlin, Germanmy
Clara Haseloff, Dolgenseestr. 39 10319 Berlin Germany Phone: (+49) 177 - 9117317 Email: email@example.com
Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
- Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
- Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g., by email, which you can print out or save electronically.
- Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and Payment Methods
5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our internet presence or in the respective offer, are shown separately during the order process, and are to be borne by you additionally, unless free shipping has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred by us that are not attributable to us, such as customs duties, taxes, or transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. You are responsible for any costs of money transfer (transfer or exchange rate fees of credit institutions) in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly designated button on our internet presence or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
- Delivery Conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our internet presence or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the item is delivered to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch are carried out at your risk.
- Legal Right of Defects
7.1 The liability for defects is governed by the provisions outlined in the "Warranty" section of our General Terms and Conditions (Part I).
7.2 These Terms and Conditions and Customer Information have been crafted by specialized legal professionals and are regularly reviewed for legal compliance. PIMA ART, as the seller, ensures the legal integrity of these terms. We are committed to addressing any issues related to defects in accordance with the terms specified in the "Warranty" section.
Last update: 01/01/2024