General Business Terms
General Business Terms
for customers in the European Union
Gut Keferloh 1a
Registered seat of the company: Grasbrunn
Munich County Court: HRB 127425
VAT Id. no.: DE 812779422
Management Board: Petra Beyer, Alexander Luft
Chairman of the Supervisory Board: Klaus Luft
the customer described in Subclause 1.2 of the General Business Terms
1. Scope and contractual partners
These General Business Terms (abbreviation in German: “AGB”) shall apply to all business relationships between the Customer and Artedona in their version which is valid at the time of the order for deliveries of all kinds, which Artedona provides towards its Customer insofar as no contradictory written agreements are reached in a purchase or other contract concluded between Artedona and the Customer. Legally relevant declarations and notifications of the Customer after conclusion of the contract (e.g. setting of deadlines, reports of defects, declaration of cancellation or reduction), require a written form in order to be valid.
1.2 Contractual partners
The offer of Artedona is oriented to consumers and entrepreneurs. Consumers are according to § 13 BGB [Civil Code] natural persons, who conclude a legal transaction for a purpose, which can neither be attributed to their commercial nor their self-employed professional activity (“private purpose”). Entrepreneurs are according to § 14 BGB natural persons or legal entities or partnerships with legal capacity, who or which act upon conclusion of a legal transaction while performing their commercial or independent professional activity.
2. Conclusion of the contract
All offers of Artedona are without obligation.
2.1. For purchase contracts via the Online-Shop www.artedona.com or by e-mail
The offer of Artedona in the Internet under www.artedona.com does not yet represent an offer for conclusion of a purchase contract, but merely an invitation to submit such an offer. In case of orders via www.artedona.com the Customer shall only submit an offer for conclusion of a purchase contract with Artedona when it sends the fully completed order form via the button “submit your order”. After receipt of this offer the Customer shall receive an electronic confirmation from Artedona about the receipt of the order, in which the data and the articles ordered by the Customer are listed once again. This electronic confirmation does not yet represent an acceptance of the offer by Artedona. With this Artedona merely satisfies its statutory obligations according to § 312i Par. 1 S. 1 No. 3 BGB. The purchase contract between the Customer and Artedona shall only be concluded with the despatch of an order confirmation or the delivery of the goods.
In case of orders by e-mail the Customer submits an offer for conclusion of a purchase contract with Artedona with the sending of an e-mail to Artedona. After processing of this offer the Customer shall receive from Artedona an electronic order confirmation of the order, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between Artedona and the Customer with the receipt of this order confirmation.
2.2. For purchase contracts in distance selling by telephone, by letter or fax
The order of the Customer by telephone represents an offer for conclusion of a purchase contract with Artedona. Within the framework of the telephone call Artedona confirms this order for the Customer. This confirmation does not yet represent any acceptance of the contract. In case of orders by letter or fax the Customer submits an offer for conclusion of a purchase contract with Artedona with the sending of this letter or fax to Artedona. After the processing of the offer received by telephone, by letter or by fax the Customer shall receive a written order confirmation from Artedona, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between Artedona and the Customer with the receipt of this order confirmation.
3. Right of withdrawal, information on the right of withdrawal and model withdrawal form:
3.1 Information on the right of withdrawal
Information on the right of withdrawal:
The right of withdrawal shall only apply to consumers within the meaning of § 13 BGB:
Right of withdrawal
You have the right to withdraw from the 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 last good.
To exercise the right of withdrawal, you must inform us, Artedona AG, Gut Keferloh 1a, 85630 Grasbrunn, Germany, Tel. +49 (89) 45 69 20 66, Fax: +49 (89) 45 69 20 77, E-Mail: firstname.lastname@example.org 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.
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, Artedona AG, Gut Keferloh 1a, 85630 Grasbrunn, Germany, 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.
We will bear the 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.
3.2 Exceptions from the right of withdrawal:
The right of withdrawal shall not exist for the supply of goods which are not prefabricated and which are made to the consumer's specifications or clearly personalised.
3.3 Model withdrawal form
4. Delivery date, terms of delivery and shipping cost
4.1 Delivery date:
Artedona shall deliver goods which can be delivered immediately within three (3) workdays after you placed the order to the address stated by you. The delivery times for products which are not in stock depend on the product and are stated on our website for each product. Should it not be possible to ad-here to the expected delivery date Artedona shall inform you hereof and notify you of the new delivery date.
4.2 Terms of delivery:
The delivery is as a rule carried out by UPS, at the request of the customer also by DHL. Artedona is entitled to also carry out the order in partial deliveries. Artedona reserves the right to not carry out the order if the ordered goods are not available or not in time, or cannot be delivered owing to insufficient quality. In this case Artedona shall inform you immediately and reimburse a possibly already made payment.
4.3 Shipping costs:
The shipping costs depend on the country of delivery and are published on our website. They will also be displayed during the check-out process before you place the order.
The prices stated on the website www.artedona.com apply. These include the applicable rate of value added tax and are deemed plus shipping costs. For deliveries to Switzerland the prices include the Swiss value added tax and the costs for the customs clearance. For deliveries to the USA the prices include the costs for the customs clearance and the customs duties. For deliveries to other countries outside of the EU the costs for the customs clearance and the customs duties will be invoiced separately.
6. Means of payment and default of payment
Artedona offers the payment by credit card, by SEPA direct debit (only for consumers and for bank accounts in Germany), by PayPal (only for the currency Euro and within the EU), by advance payment, by cash on delivery and against invoice. In case of payment by credit card and by PayPal the invoice amount shall be debited on the day of the shipment of the goods. In case of payment by SEPA direct debit, you agree that the prenotification period of the due date will be shortened to one day (SEPA-COR1). We will send you the pre-notification of the due date on the day of shipment of the goods. In case of payment against invoice you undertake to settle the invoice amount within 14 days after receipt of the goods and the invoice without deduction insofar as not explicitly otherwise agreed. In case of default of payment Artedona reserves the right to charge interest on default in the amount of 5% above the respective base lending rate of the European Central Bank.
7. Rights to offset or of retention
The Customer shall only be entitled to rights to offset or of retention insofar as his claim has been declared final and binding or is undisputed or the Customer asserts reports of defects or counter-claims from the same purchase contract. The Customer may only exercise his right of retention if his counter-claim is based on the same purchase contract.
Artedona assumes the warranty within the framework of the statutory regulations. Each defect is to be reported immediately. In the event of warranty Artedona reserves the right to either replace or repair goods, which prove to be faulty. Should these measures have failed twice the customer is entitled, at his choice, to reduce the purchase price paid for these goods or to cancel the order of the faulty goods. The cancellation is excluded in case of an only insignificant defect.
9. Product presentations and guarantees
The product presentations on the website can deviate in colour and impression from the actual articles. References to the products do not represent any guarantee. An additional guarantee only exists with the goods delivered by Artedona if this was explicitly stated on the website for the respective article. If applicable, special guarantee terms from the manufacturer of the article will also be shown on the website.
The liability of Artedona is oriented to the following provisions:
10.1 Artedona shall be liable for damages, which are caused by it or its legal representatives or vicarious agents by wilful intent or gross negligence, unlimited with respect to the amount.
10.2 For damages from the injury to life, body or health Artedona shall also be liable with own, slightly negligent breach of duty or that of its legal representatives or vicarious agents unlimited with respect to the amount.
10.3 In case of negligent breaches of duty Artedona shall be liable for damages from the breach of essential contractual duties, without which it is not possible to achieve the object of the contract and the compliance with which the Customer can as a rule rely upon, limited with respect to the amount to the typically foreseeable damages for the contract. This shall apply accordingly to the negligent breach of essential contractual duties of the legal representatives, executive bodies or vicarious agents of Artedona.
10.4 Except in the event of wilful intent and gross negligence Artedona shall not be liable for indirect damages, such as e.g. additional work, missed profits or savings which were not achieved.
10.5 The above limitations to liability of Subclauses 10.3 to 10.4 shall not apply insofar as Artedona maliciously failed to disclose a defect or assumed a guarantee for the condition of the goods.
10.6 Claims of the Customer according to the Product Liability Act remain unaffected.
11. Data protection
11.1 Artedona only collects, processes and uses the personal data of the customers according to and in line with the relevant data protection provisions of the Federal Republic of Germany, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG),
11.2 The data collected from the Customer within the framework of his order shall be processed and used by Artedona for establishing, executing and terminating the contractual relationship with the Customer, in particular also for processing warranty claims. Personal data of the Customer will only be forwarded to third parties if and insofar as this is necessary for executing the contract, in particular for carrying out the delivery.
11.3 Information concerning the previous payment conduct, default risk information and creditworthiness information based on mathematical-statistical processes by using address data of customers (Scoring) as well as data for address verification (validity check) will be procured by Artedona for customers who are based in Germany from infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden and for customers who are based in Austria and in Switzerland from CRIF GmbH, Dessauerstr. 9, 80992 Munich. For this purpose Artedona transmits customer data (name, address and if applicable date of birth) to the aforementioned credit rating companies. These companies use the data for address verification purposes and identity checks for other companies as well as for scoring applications. Scoring assesses probability values for a certain future conduct based on mathematical-statistical processes and uses the provided data accordingly.
11.4 Artedona undertakes to treat all personal data confidentially and to protect these against each unauthorized access. Address data of the Customer such as name, address, title, academic title or reference to industry shall only be used for marketing purposes by Artedona and companies affiliated with it according to §§ 15 ff. AktG [Companies Act] if the Customer has not objected to the use of these data for advertising purposes. The Customer shall be referred to his right to objection in this respect when initiating the contract.
11.5 The use of the e-mail address for advertising purposes is only carried out if the Customer has granted his consent in this respect. The same shall apply accordingly to the use of such data for market or opinion research.
Possible claims for damages against Artedona, with the exception of claims for damages from illicit act, shall become statute-barred according to the statutory regulations, by no later however than after two years from the provision of the service, upon which the claim is based.
13. Reservation of title
Until the full payment the goods shall remain the property of Artedona. The Customer undertakes to inform Artedona of all accesses of third parties to the goods which are subject to the reservation of title (reserved goods), in particular of enforcement measures or other seizures and of all damages suffered to the reserved goods immediately. Insofar as the goods are delivered to a country, in which the afore-mentioned reservation of title is not effective in full the Customer undertakes to procure an equivalent security for Artedona.
The Customer is only entitled to assign the rights from the contract with the prior consent of Artedona – with the exception of payment claims. The consent may only be refused for an important reason.
15. Place of performance
The place of performance is Grasbrunn near Munich.
16. Place of jurisdiction
The courts in Munich exclusively have jurisdiction for all disputes from or in connection with the contract or these terms and conditions insofar as the Customer is a merchant or legal entity under public law.
17. Alternative dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) under the following link http://ec.europa.eu/consumers/odr. Artedona's e-mail address is: email@example.com. Artedona is not obliged to participate in alternative dispute resolution proceedings before a consumer dispute resolution body and has decided against participating.
Should one or several provisions of the contract or these terms and conditions be or become invalid or unenforceable or be replaced by respective national law this shall have no effect on the validity of the remaining provisions.
19. Choice of law
The contractual relationships between the parties are subject to German law under the exclusion of the UN Convention on the International Sale of Goods.
In case of contracts with consumers in the EU, Switzerland and Norway mandatory legal regulations of another EU member state, of Switzerland or of Norway – insofar as the consumer has his customary place of stay therein – are to be applied instead of German law if and insofar as these regulations are more favourable for the consumer.