Terms of service

§1 Scope

1.1 The following general terms and conditions of Breuer's Weltkarten, Rebecca Breuer, Kornblumenstraße 41, D-27793 Wildeshausen (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller with regard to the goods provided by the Seller via the websites www.breuers-weltkarten.de and their language versions. 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 concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§2 Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

2.3 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form after the order has been sent (e.g. b Email, fax or letter). The seller will not make the contract text available beyond this.

2.5 Before bindingly submitting the 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 of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.6 Only German is available for concluding the contract.

2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails 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 terms and conditions at any time under https://breuers-weltkarten.de/agb. For security reasons, your order information is no longer accessible via the Internet.

§3 Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation 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 the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

3.4 The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (personalized items).

3.5 The production process begins with the stated delivery date and/or approximately 12 hours after the order was placed. From this point on, the production process can no longer be stopped.

§4 Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices. The statutory VAT is shown separately. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g.b Transfer fees, exchange rate fees) or import duties or Taxes (e.g.b Duties). Such costs may arise in relation to the money transfer even if the delivery does not take place 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 When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.a r.l et Cie, S.CA, 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 and conditions for Payments without a PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

§5 Delivery and shipping conditions

5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If 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 shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3 Information on delivery times is to be understood as estimated delivery times.

5.4 Freight forwarding goods with a packing size of 90 cm or more in width are shipped overnight with our partner GoExpress. Delivery by GoExpress takes place Monday to Friday between 08:00 am and 1:00 pm CET.

5.5 The following applies to deliveries by GoExpress (only for freight forwarding goods with a packing size of 90 cm or more): If the first delivery-attempt fails, a second delivery will only be made after prior direct agreement by telephone between the customer and GoExpress. In addition, the following applies:

5.6 If the first attempt to deliver the freight forwarding goods fails (only for freight forwarding goods with a packing size of 90 cm or more), costs may arise for a second delivery attempt. The amount of the corresponding costs can be found in our Shipping Policy.

5.7 If all agreed delivery attempts fail, the goods will be returned to us after 7 working days from the first delivery attempt. There are additional costs for the return transport aswell as a completely new shipment, which vary between 40 euros and 190 euros depending on the size of the goods and the delivery country. These costs must be borne by the buyer before redelivery. The goods remain our property until all costs incurred have been paid in full.

5.8 The customer has the option of issuing a drop-off authorization
directly with the forwarding agent. If the customer issues a
authorization, he expressly bears the risk of loss and the risk of damage.

5.9 Self-collection is not possible for logistical reasons.

5.10 We do not deliver to packing stations.

5.11 All freight forwarding goods are delivered to the curb. Any packaging and transport material must be taken over by the recipient and, if necessary, be disposed of.

§6 Retention of title

If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

§7 Liability and warranty

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the shortening of the liability period to one year does not apply

• for items that were used for a building in accordance with their normal use and caused its defects,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.
  
  

7.3 The seller is not liable for errors caused by order documents submitted by the client, nor for errors in proofreads that were not recognized by the customer and not reported in a timely manner, even if proofreading has been agreed and this is paid for separately. If the sending of a proof is not expressly requested, the customer is liable in any case.

7.4 If the seller does not receive a response within 24 hours after sending a proof to the customer, the seller will send a release reminder. If the seller still does not receive a response within the next 24 hours, the production process will start automatically in order to meet the desired delivery date.

7.5 The customer is asked to immediately check delivered goods for transport damage or production defects (print blur, poor workmanship). The damage report must be submitted within three days of acceptance of the shipment. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

7.6 Improper handling of the goods (disregard of the care instructions) by the customer excludes legal or contractual claims for defects.

7.7 The following applies to magnetic boards: The customer is asked to check magnetic boards for transport damage or production defects (print blur, poor workmanship) before assembling the suspension system. From the moment the customer installs the suspension system, claims for defects are excluded.

7.8 The canvases are a natural product that should be treated in accordance with our care instructions. Clear sanding and wiping marks caused by negligent treatment do not constitute a product defect and do not entitle the customer to make a complaint.

7.9 The canvases (cotton blend) are printed with a resolution of 2.400 dpi based on vector data. Since 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 screen. This situation does not represent a defect and does not justify a complaint.

§8 Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to the customer's specific specifications, the customer must provide the operator with all the content required for processing, such as texts, images or graphics, in the file formats specified by the operator, To provide formatting, image and file sizes and to grant him the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

8.2 The customer releases the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the appropriate costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does 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 to examine the claims and defend them.

8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

§9 Applicable law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her 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 the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

§10 Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

© The content of our website is largely protected by copyright or other ancillary copyrights. Copying, downloading, distributing, distributing and storing this content is not permitted, with the exception of caching (temporary storage for the purpose of display in the Internet browser) when visiting our website, without the consent of the respective rights holder. An exception applies to content that is expressly intended for download. In this case, the right of use is limited to use for personal purposes. Any further reproduction, publication, distribution, making publicly available or other use requires the consent of the respective authorized party.

02/2022