Contractual partner

 

On the basis of these general terms and conditions (GTC) comes between the customer and

 

Katharina Buhrke

Vision to Art - colors and words
Bauvereinstrasse 13
45136 Essen
Germany

 

As of July 2020

following contract:

 

01 Object of the contract

The following general terms and conditions (GTC) apply to the sale and services in the field of arts and crafts and the dispatch of all goods that you as a customer can purchase from our online shop www.visiontoart.com. Our product range is aimed exclusively at buyers who have reached the age of 18.

 

02 Exclusive application of the general terms and conditions

Our following terms and conditions apply exclusively to these services. The contract is only concluded in electronic business transactions via the shop system. The offers shown represent a non-binding invitation to submit an offer through your order, which we can then accept.

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03 Formation of the contract

3.1 You can add products from our online shop to the shopping cart and place a binding order with us. You only place a binding order for the purchase of the goods in the shopping cart when you have accepted the validity of our general terms and conditions by confirming the corresponding field and have sent the order to us by clicking on the order button "buy now". You can view and change your order details at any time until the order is dispatched. The purchase contract is concluded when we declare acceptance of the purchase offer (order confirmation or invoice) or send the goods to you without prior explanation.

3.2 The contract text is not saved by us and can no longer be called up after completion of the order process. You can call up and print out the current GTC via the website link https://visiontoart.com/agb . You can print out your order details immediately after submitting the order and you will also receive it again by email.

 

04 Delivery

4.1 We deliver our goods to customers in Germany without restriction.

4.2 Unless otherwise agreed, delivery takes place from our warehouse or from the warehouse of one of our suppliers. For deliveries to consumers, we bear the risk of accidental loss of the goods until delivery.

4.3 We reserve the right to make partial deliveries, unless this is clearly unreasonable for you. You will not incur any additional costs.

4.4 The delivery of goods, the availability of which is indicated as "immediately available", usually takes place within 3-5 working days (Monday to Friday, excluding public holidays), but at the latest within 5-10 working days. We endeavor to deliver the ordered goods on the desired delivery date. If a delivery cannot be made on time, we will notify you as soon as possible.

4.5 The goods will be dispatched immediately after receipt of payment. The dispatch takes place on average after 10 days at the latest. The entrepreneur undertakes to deliver on the 30th day after receipt of the order. We either send the order from our own warehouse as soon as the entire order is in stock there or the order is sent by the manufacturer as soon as the entire order is in stock there.

The customer will be informed immediately of delays. If we are not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by our own suppliers, even though a corresponding covering transaction was made in good time, we have the right to withdraw from a contract with you. You will be informed immediately and services received, in particular payments, returned.

4.6 Furthermore, we are exceptionally not obliged to deliver the ordered goods if we have ordered the goods properly on our part, but were not delivered correctly or on time (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this immediately. In addition, we must not have assumed the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies to the ordering of goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.

 

 

05 Retention of title and copyrights

5.1 We reserve ownership of the purchased goods until the purchase price for the goods and all other goods from the same order has been paid in full.

5.2 The artist Katharina Buhrke has copyrights on the motifs used on our goods. Any duplication, distribution, public access, processing or other use contrary to the contract violates these copyrights and is expressly prohibited. This applies to all products that we offer, as well as digital products, as well as audio files or writings of any kind.

06 Payment and payment methods

6.1. There are various payment options available to you in the payment process. No other payment methods will be offered and may be rejected.

If you have any questions, please contact us at info@visiontoart.com .

Depending on the payment method selected, the invoice amount must be transferred to the account specified there in advance after receipt of the invoice, which contains all the details for the transfer and is sent by email. When using an escrow service / payment service provider, this enables us to process the payment with you. The fiduciary service / payment service provider forwards the payment from you to us. Further information can be found on the website of the chosen trust / payment service provider. When paying by credit card, the customer must be the cardholder. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 10 days of receipt of the invoice. Payment is due without deduction from the invoice date. After the payment deadline, which is therefore determined by calendar, the customer is in default even without a reminder.

6.2 All prices are final prices and contain acc. § 19 paragraph 1 UStG no sales tax (value added tax). In addition to the final prices, depending on the shipping method, there are additional costs that are displayed before the order is sent. If there is a right of withdrawal and if this is used, you will bear the costs of the return.

6.3 In the case of custom-made products, an individual, agreed partial payment in advance is necessary. The remaining payment is determined by the respective effort and is due upon completion of production.

 

07 Shipping costs and return shipping costs

7.1 The current shipping costs can be queried for each product. You will also be shown separately before placing your order. Custom-made products, which are ordered on individual request and cannot be sent as a standard package due to their size or weight, are delivered by a freight forwarder. Depending on the size and weight, the costs for this are between 35.00 and 65.00 euros (within Germany, international shipping on request).

7.2 The customer bears the direct costs of returning the goods.

 

08 Offsetting

You can only offset our claim against claims that have been legally established or are not disputed by us. You have a right of retention only for claims from the same order.

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09 Default

If you are in arrears with payments, interest will be charged on the outstanding amount in accordance with the statutory provisions in the amount of 5 or 9 percentage points above the base rate in commercial transactions. You reserve the right to prove that we suffered no or less damage caused by delay. You will be charged a reminder fee of EUR 2.50 for each reminder letter that is sent to you after the default occurs, unless lower or higher damage is proven in individual cases.

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10 Warranty and liability

10.1 The warranty is based on the legal regulations acc. the 437 ff. BGB, unless otherwise regulated below.

10.2 The samples shown on the Internet cannot reproduce the goods true to the original in terms of quality, dimensions and color. Note also the color representation and calibration of the home screen, which reproduces colors differently from those of print media. In the area of ​​natural materials in particular there are slight deviations in structure and color. We therefore expressly undertake only to deliver goods of the same type and quality. Please also note the material description for the respective article in the shop.

10.3 If the customer is an entrepreneur within the meaning of § 14 BGB, the warranty period is 1 year from delivery of the goods. For consumers, the statutory period of 2 years from delivery of the goods applies.

10.4 If there is a defect in the purchased item within the warranty period, we can - to the extent that it differs from the legal regulation - first choose whether we want to improve or deliver a replacement. If the rectification is unsuccessful twice or the replacement delivery is also defective, you have the option of requesting cancellation of the purchase contract or a reduction in the purchase price. Further claims remain unaffected.

10.5 We are always liable for personal injury (damage to life, body and health) in accordance with the statutory provisions. We are only liable for damage to property or pecuniary damage that did not occur on the purchased item itself in the event of willful and grossly negligent conduct in accordance with the statutory provisions. In cases of simple negligence, we are only liable for damage to property and financial losses if essential contractual obligations are breached (cardinal obligations). Liability is limited to the typical contractual damage that was foreseeable when the contract was concluded. Liability for non-contractual indirect or consequential damage is excluded in such a case.

10.6 To the extent that our liability is excluded or limited, this also applies to the liability of vicarious agents and other persons whose behavior can be attributed to us.

10.7 Mandatory statutory liability regulations, in particular liability for the delivery of a quality guarantee, fraudulent concealment of a defect and liability in accordance with the Product Liability Act remain unaffected by the above regulations.

10.8 For the rest, the statutory provisions apply to the guarantee, in particular the two-year limitation period according to Section 438 (1) no.3 BGB.

 

 

11 Cancellation policy

Consumers have the right to cancel the following stipulations, whereby consumers are every natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity:

11.1 Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods (if several goods were delivered as part of a single order: the last).

• Purchase contract a) for several goods that the consumer has ordered as part of a single order and that are delivered separately: on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

• Purchase contract b) for the delivery of a product in several partial consignments or pieces: on which you or a third party named by you, who is not the carrier, has taken possession of the last partial consignment or the last piece.

• Purchase contract c) for the regular delivery of goods over a specified period of time: on which you or a third party named by you, who is not the carrier, took possession of the first goods.

• When several alternatives come together, the last point in time is decisive.
  
  In order to exercise your right of cancellation, you must inform us (Katharina Buhrke, Bauvereinstrasse 13, 45136 Essen, info@visiontoart.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email) , to inform.
  To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
  
  Consequences of cancellation
  
  If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheap standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
  
  You have the goods immediately and in any event within fourteen days from the day on which you inform us of the cancellation of this contract to Vision to Art - Colors and Words, Katharina Buhrke, Bauvereinstraße 13, 45136 Essen, info @ visiontoart. com to send back or hand over. The deadline is met if you send the goods before the fourteen day period has expired.
  
  You bear the direct costs of returning the goods.

 

Freight forwarding goods: For goods that cannot be returned by post due to their nature, the following applies: You bear the direct costs of returning the goods in the amount of at least EUR 45.00 (within Germany) or at least EUR 100.00 (international ).

You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.

End of revocation

 

11.2 No right of withdrawal

There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer. This is the case

• if we create products individually based on motifs that the customer has sent us

• when delivering motifs in special sizes or special colors on customer request

• when we create products based on the customer's individual texts

 

12 Vouchers

Vouchers cannot be paid out or redeemed in cash. If an order is canceled using a voucher, the customer has no right to a cash payment. You will instead be credited with the voucher amount. If the order value exceeds the value of the voucher, only the difference will be reimbursed in addition to the credit note if the revocation is effective. This restriction does not apply to the revocation of the purchase of a (paid) gift voucher.

 

13 Language, jurisdiction and applicable law

13.1 The contract is drawn up in German, so the German terms of contract are the binding ones. The terms of contract have been translated by Google Translator. The further implementation of the contractual relationship takes place in German. Only the law of the Federal Republic of Germany applies. This only applies to consumers insofar as it does not restrict the statutory provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the location of the provider.

13.2 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with your online order without involving a court. The dispute settlement platform can be reached at the external link http://ec.europa.eu/consumers/odr/ . We endeavor to settle any disagreements from our contract by mutual agreement. In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.

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14 External links and information

14.1 The Vision to Art website and our print media may contain information and links to third party websites. These websites are the responsibility and liability of the respective operator and we reject any liability for their content.

 

14.2 Our website may have been linked or even integrated into external websites by third parties without our knowledge. We assume no responsibility for the presentation, content or any connection to our site in the websites of other providers.

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15 Data protection

The personal data you voluntarily provide on our website will be stored by us and will only be used to provide the service you have ordered. In connection with the initiation, conclusion, processing and reversal of a purchase contract based on these terms and conditions, the provider collects, stores and processes data. This happens within the framework of the legal regulations. The provider does not pass on the customer's personal data to third parties, unless he is legally obliged to do so or the customer has expressly given his prior consent. If a third party is used for services in connection with the processing of processing processes, the provisions of the Federal Data Protection Act are observed. The data communicated by the customer by means of the order will only be processed for making contact within the framework of the contract processing and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods in accordance with the order. The payment details are passed on to the credit institution commissioned with the payment. If the provider meets retention periods of commercial or tax law nature, the storage of some data can take up to ten years. When visiting the provider's Internet shop, anonymized data that does not allow and does not intend to draw any conclusions about personal data, in particular IP address, date, time, browser type, operating system and pages visited, is logged. At the customer's request, the personal data will be deleted, corrected or blocked in accordance with the statutory provisions. Free information about all customer personal data is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Katharina Buhrke, Bauvereinstraße 13, 45136 Essen, info@visiontoart.com.

 

16 Severability clause

The ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions.

As of January 1st, 2020