For all orders via our online shop by Consumers and Business Customer, the following General Terms and Conditions apply.
A “Consumer” is any individual who concludes a legal transaction for a purpose not related to his business, trade or self-employed professional activity (Sec. 13 German Civil Code (BGB)). “Business Customer” is a Customer (whether an individual, company or partnership vested legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity ((Sec. 14 (1) German Civil Code (BGB))
These General Terms and Conditions shall also apply to future business relations with Business Customers without referring to them again. If the Business Customer uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
The sales contract is concluded with Biehler & Detsch GbR artbooksonline.eu.
The presentation of the products in the online shop is not a legally binding offer but a non-binding online catalogue. You can initially place our products in the shopping bag non-binding and correct your entries at any time before submitting your binding order by using the correction assistances provided and explained in the order process. By clicking on the order button, you place a binding order for the products contained in the shopping bag. We will send you the confirmation of the receipt of your order by e-mail immediately after submitting the order.
It depends on the method of payment chosen by you when the contract is concludes with us:
We accept your order either by sending an acceptance with separate e-mail or by dispatching the products within two business days.
As part of the payment service of PayPal Plus, we offer you various payment methods as PayPal services. After placing the order, you will be redirected to the website of PayPal. On this website, you can enter your payment details and confirm the payment order to PayPal. This will conclude the contract with us.
Cash Payment at Pick-up
We accept your order by sending an acceptance with separate e-mail within two business days.
The available languages for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our General Terms and Conditions by e-mail. You can view the contract text in our Customer login.
In addition to the indicated product prices, shipping costs will be added. You can find out more details about the shipping costs in the offers.
In principle, you have the possibility of a pick-up at artbooksonline.eu, Deutzer Freiheit 107, 50679 Cologne, Germany, to the business hours indicated as follows: Monday to Friday between 8 and 16 o'clock.
The following payment methods are available in our shop:
As part of the payment services of PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of PayPal. On this website you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the payment method PayPal, you have to be registered at PayPal or rather you have to register first and legitimise with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instructon. You will receive further information during the ordering process.
If you have chosen the payment method credit card, you do not need to be registered at PayPal in order to pay the invoice amount. The payment transaction will be executed by your credit card company upon PayPal's request immediately after confirmation of the payment instruction and your legitimation as the legitimate cardholder and your credit card will be debited. You will receive further information during the ordering process.
If you have chosen to pay by direct debit, you do not need to be registered at PayPal in order to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal asks its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. You will receive further information during the ordering process.
You pay the invoice amount after receipt of the products and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on invoice only after a successful credit check.
Cash Payment at Pick-up
You pay the invoice amount in cash at pick-up.
6. Retention of Title
We retain legal title to any product supplied by us until the purchase price for such product has been fully paid.
For Business Customers, the following also applies: We reserve title to the products until full payment of all receivables arising from an on-going business relationship. You may resell the reserved products in the ordinary course of business; you assign to us in advance all receivables arising from this resale - irrespective of any combination or mixing of the reserved products with a new item - in the amount of the invoice, and we accept this assignment. You remain authorised to collect the receivables, but we may also collect receivables ourselves if you do not meet your payment obligations.
7. Transport Damages
To Consumers the following applies:
If products with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the products to the forwarding agent, the carrier or any other person or institution designated to carry out the dispatch. Between traders, the obligation to examine and give notice of defects regulated in Sec. 377 German Commercial Code (HGB) shall apply. If you omit the notification regulated in Sec. 377 German Commercial Code, the products shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have maliciously concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For Consumers,
the limitation period for warranty claims for used products is one year from delivery of the products.
For Business Customers, the limitation period for warranty claims is one year from the transfer of risk;
the statutory limitation periods for the right of recourse according to Sec. 478 German Civil Code (BGB)
With regard to Business Customers, only our own details and the manufacturer's product descriptions included in the contract shall be deemed to be the agreement on the quality of the products; we assume no liability for public statements made by the manufacturer or other advertising statements. In the event of a defect of the delivered product, we shall initially have the right to choose between any such remedies at our discretion if the Customer is a Business Customers (subsequent improvement or replacement delivery).
The above mentioned provisions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal duties) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
The European Commission provides a platform for online
dispute resolution which you can find here: https://ec.europa.eu/consumers/odr/.
10. Dispute Settlement
If you are a Business Customer, German Law shall apply under the exclusion of the UN Convention on the International Sale of Goods (CISG).
If you are a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organised under public law, the courts in Cologne shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.