(1) All offers, sales contracts, deliveries and services based on orders from our customers (hereinafter customers) via our online shop www.altered-skin.com (hereinafter the "online shop") are subject to these general terms and conditions.
(2) The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end customers. For the purposes of these general terms and conditions, (i) a consumer is any natural person that concludes the contract for a purpose that cannot be attributed to a commercial or independent professional activity (Section 13 of the German Civil Code - BGB) and (ii) an “entrepreneur” is a natural or legal person or a legal partnership that, when the contract is concluded, is acting in the exercise of its commercial or independent professional activity (§ 14 (1) BGB).
(3) The customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.
2. Conclusion of contract
(1) Our offers in the online shop are non-binding.
(2) By placing an order in the online shop, the customer makes a binding offer to buy the product in question. We can accept the offer until the end of the third working day following the day of the offer.
(3) We will send the customer a confirmation of receipt of the offer immediately upon receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed to have been accepted by if we declare acceptance to the customer (by email) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) Every customer who is a consumer is entitled to cancel the offer in accordance with the special cancellation and return policy that is communicated to him when ordering on our website and to return the goods.
(5) The artworks offered are regularly the sole property of the artist who commissioned us to sell them. The contractual partner is aware of this. The purchase contract is concluded with the artist himself, represented by us.
3. Prices and payment
(1) Our prices include sales tax, but not shipping costs. The customer has to bear customs duties and similar charges.
(2) Unless otherwise expressly agreed, we only deliver against prepayment (in the manner specified in the online shop on the order form).
(3) The customer has no right of set-off or retention, unless the counterclaim is undisputed or legally established.
4. Dispatch of the goods
(1) The deadlines and dates for the dispatch of the goods specified by us are only approximate and may therefore be exceeded by up to three working days. This does not apply if a fixed shipping date has been agreed.
(2) All delivery dates specified by us when ordering or otherwise agreed begin on the day of receipt of the full purchase price (including sales tax and shipping costs).
(3) The day of delivery of the goods by us to the shipping company is decisive for compliance with the shipping date.
(4) If no delivery period is specified or otherwise agreed, dispatch within three weeks from the start of the delivery period that is decisive in accordance with section 2 is deemed to have been agreed.
(5) We are entitled to make partial deliveries of separately usable products included in an order.
5. Shipping, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we determine the appropriate shipping method and the transport company at our reasonable discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping date we have specified is therefore not binding.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the point in time when the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, if we only owe the shipment, the risk passes to the customer when the goods are delivered to the transport company.
(4) We will insure the goods against the usual transport risks at our expense.
6. Retention of title
(1) We reserve ownership of the goods delivered by us until full payment of the purchase price (including sales tax and shipping costs), if applicable, on behalf of our client for the goods concerned.
(2) Without our prior written consent, the customer is not entitled to resell the goods delivered by us and which are still subject to retention of title.
6. Retention of title
(1) We reserve ownership of the goods delivered by us until full payment of the purchase price (including sales tax and shipping costs), if applicable, on behalf of our client for the goods concerned.
(2) Without our prior written consent, the customer is not entitled to resell the goods delivered by us and which are still subject to retention of title.
7. Warranty
(1) If the delivered goods are subject to a material defect, the customer can first ask us to remedy the defect or to deliver goods free of defects. However, if the customer is an entrepreneur, we can choose between remedying the defect or delivering a new item; this choice can only be made by notification to the customer in text form (also by fax or email) within three working days of receiving notification of the defect. We can refuse the type of supplementary performance chosen by the buyer if this is only possible with disproportionate costs.
(2) If the supplementary performance according to number 7 (1) fails or is unreasonable for the customer or we refuse supplementary performance, the customer is in each case entitled, in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to demand compensation or compensation for his unsuccessful expenses.
(3) The warranty period is two years from delivery.
(4) The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after they have been sent. The delivered goods are deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.
8. Statutory right of revocation
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us, 44s Networking UG, Brunowall 28, 59494 Soest, Germany; E-Mail: andrei.serban@serbannetworking.com; website: www.altered-skin.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
The right of withdrawal does not apply to the delivery of goods which are not prefabricated and which are individually manufactured by selection or determination of the consumer or which are clearly tailored to the personal needs of the consumer.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To:
44s Networking UG, Brunowall 28, 59494 Soest, Deutschland
E-Mail: info@altered-skin.com;
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
___________
(*) Delete as appropriate.
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