Terms of service
§1 Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Rebecca Breuer, Kornblumenstraße 41, D-27793 Wildeshausen (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop https://breuers-weltkarten.de. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
§2 Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.
2.5 Before submitting a 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 You can view the GTC at any time at https://breuers-weltkarten.de/agb. For security reasons, your order data is no longer accessible via the Internet.
§3 Right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy, which can be viewed at https://breuers-weltkarten.de/widerrufsbelehrung.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
§4 Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Value added tax is not shown, as the Seller is a small entrepreneur within the meaning of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 In the event of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider 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 and conditions of use, which can be viewed 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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
§5 Delivery and shipping conditions
5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 Go!Express generally only delivers in the morning between 08:00 and 12:00. If the Customer requests delivery in the afternoon, the Customer shall bear the additional costs incurred by the Seller in the amount of 10.00 euros.
5.4 The following applies to deliveries by Go!Express (goods with a packing width of 100 cm or more): If the first attempt to deliver the goods fails, a second delivery will only be made after prior agreement by telephone between the Customer and Go!Express. In addition the following applies:
5.5 If the first delivery attempt of the goods fails from a packing size of 100 cm width, the second delivery will be subject to a charge. The amount of the corresponding costs can be found in our shipping conditions.
5.6 Self-collection is not possible for logistical reasons.
5.7 We do not deliver to packing stations.
5.8 All pin canvases are delivered to the kerbside. Any packaging and transport material must be taken over by the recipient and disposed of if necessary.
§6 Retention of title
If the seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
§7 Liability for defects (warranty)
7.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the following shall apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects which occur within one year of delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the period of liability to one year does not apply to for items which have been used for a building in accordance with their customary use and have caused its defectiveness, to claims for damages and reimbursement of expenses of the customer, as well as in the event that the Seller has fraudulently concealed the defect.
7.3 The customer is requested to check delivered goods immediately for transport damage or production defects (print blurring, defective processing). The damage report must be submitted within three days of acceptance of the consignment. If the customer fails to comply with this, this shall have no effect on his statutory or contractual claims for defects.
7.4 The printing of the canvases (cotton blend fabric) is based on pin sharp data with a resolution of 2,400 dpi. As the printed material has a naturally uneven surface, there may be slight optical blurring within the tolerance range depending on the viewing angle of the canvas. This circumstance does not constitute a defect and does not entitle the customer to make a complaint.
§8 Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, in addition to the delivery of the goods, the seller is also obliged to process the goods according to certain specifications of the customer, the customer must provide the operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant the operator the necessary rights of use for this. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
§9 Applicable law
9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
§10 Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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Breuers Weltkarten Manufaktur 02/2022