General Terms & Conditions
Terms and conditions
Table of Contents
4. Prices and payment
5. Shipping & Conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable Law
10. Information on Online Dispute Resolution
1.1 These terms and conditions (the "Conditions") of Art Oriental Carpets Furniture Antiques Handelsgesellschaft mbH GmbH (hereinafter "Seller") apply to all contracts which a consumer or entrepreneur (hereinafter "Customer") with the seller in terms of the salesperson closed in its online store goods and / or services listed. This is the involvement of its own conditions of the customer are objected to, unless it is otherwise agreed.
1.2 Within these terms is any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocational activity. The purposes of these Conditions is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.
2.1 The product descriptions in the online shop of the seller are not binding offers on the part of the seller, but intended to submit a binding offer by the customer.
2.2 The customer can submit the offer via the integrated in the online shop of the seller online order form. Here are the customer after he has selected goods and / or services in the virtual shopping cart and go through the electronic ordering process, by clicking the the ordering process final button a legally binding contract offer in relation to the goods and / or services contained in the basket ,
2.3 The seller can accept it within five days the customer's offer,
- By forwarding the customer a written confirmation or a confirmation in writing (fax or e-mail), wherein the extent of the order confirmation to the customer is decisive, or
- By the customer the ordered goods, where the extent of access of goods to the customer is decisive, or
- By after delivery of the order instructs the customer to pay.
If several of the above alternatives, the contract is concluded in the time in which one of the aforementioned alternatives comes first. If the seller is not in the customer's offer within the aforementioned period, this is considered as rejection of the offer, with the result that the customer is no longer bound by his declaration of intention.
2.4 If you choose the payment method "PayPal Express" payment processing via the payment service PayPal is done (Europe) S.à R.L. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the application of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full, or - if the customer does not have a PayPal account has - under the validity conditions for payment without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer chooses during the online ordering process "PayPal Express" as a payment option, he left by clicking the buttons at the same time the ordering process final and a payment order at PayPal. In this case, the seller declares notwithstanding section 2.3 now acceptance of the customer's offer at the time, in which the client initiates by clicking the buttons to the ordering process concluding the payment process.
2.5 The period for acceptance of the offer starts on the day following the dispatch of the offer by the customer immediately and shall end with the end of the fifth day, which follows the dispatch of the offer.
2.6 In submitting a tender on the online order form from the seller of the contract will be stored by the seller and the customer by submitting his order, together with these Terms and Conditions in writing (eg. As e-mail, fax or letter) sent. In addition, the text of the contract on the seller's website is archived and can be accessed free of charge from the customer of the password protected customer account, specifying the login information, provided that the customer has created an account in the online shop of the seller before submitting his order.
2.7 Before binding the order through the online order of the seller, the customer can correct his entries using the usual keyboard and mouse functions. Furthermore, all entries before the mandatory delivery of the order will be displayed again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.
2.8 For the contract is exclusively for the German language.
2.9 The order processing and contact can be usually by e-mail and automated order processing. The customer must ensure that his or her designated for order processing e-mail address is correct so that at this address from the seller sent e-mails can be received. In particular, the customer must ensure in the use of spam filters that all products shipped by the seller or by this body responsible for order processing Third emails can be delivered.
3.1 consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arising from the cancellation of the seller.
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 was concluded and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
4) Prices and Payment
4.1 Unless the product description of the seller requires otherwise, is at the indicated prices are total prices that include VAT. Optionally, additional delivery and shipping costs are displayed separately in the respective product description.
4.2 For deliveries to countries outside the European Union may incur other costs in an individual case, which the seller is not responsible for and which are borne by the customer. These include costs for the transfer of funds through banks (for example, transfer fees, exchange fees) or legal import duties and taxes (for example, tariffs). Such costs may also be incurred if the delivery is not made outside the European Union in a country, but the customer makes payment from a country outside the European Union in relation to the money transfer.
4.3 The customer has several payment options available, which are stated in the online shop of the seller.
4.4 If prepayment agreed, payment is due immediately after the conclusion.
4.5 When paying by a payment offered by PayPal payment processing via the payment service PayPal is done (Europe) S.à R.L. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the application of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full, or - if the customer does not have a PayPal account has - under the validity conditions for payment without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.
5) Shipping conditions
5.1 The delivery of goods occurs in transit to the delivery address given by the customer, unless otherwise agreed. During completion of the transaction specified in the order of the vendor delivery address is decisive. Deviating from this, at the time of payment at PayPal deposited by the customer delivery address is instrumental in selecting the PayPal payment.
5.2 Sends the shipping company sent the goods to the seller back because a delivery to the customer has not been possible, the customer bears the costs for the unsuccessful delivery. This does not apply if the customer effectively exercises his right of withdrawal, if he has, not responsible for the circumstance which has led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller him the performance had announced a reasonable time in advance.
5.3 For collection, the seller informs the customer first by e-mail that the ordered goods are available for collection. Upon receipt of this e-mail, the customer can pick up the goods after consultation with the seller at the location of the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the Seller in advance, he reserves until full payment of the purchase price owed the title to the goods supplied.
7) liability for defects (warranty)
7.1 If the merchandise is faulty, the provisions of the statutory warranty apply.
7.2 The customer is asked to claim the delivered goods with obvious damages to the deliverer and to inform the seller accordingly. If the Customer does not comply, this has no effect on his legal or contractual warranty claims.
8) Applicable law
8.1 The law of the Federal Republic of Germany, excluding the laws on the international sale of goods applies to all legal relationships between the parties. For consumers, this choice of law only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence shall apply.
8.2 Furthermore, this choice of law with respect to the legal right of withdrawal for consumers who do not belong to a member state of the European Union at the time the contract was concluded and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
If the customer is a merchant, legal entity under public law or public law special fund established in the territory of the Federal Republic of Germany, is the exclusive jurisdiction for all disputes arising from this contract is the business of the seller. If the customer is established outside the territory of the Federal Republic of Germany, as is the business of the seller exclusive jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract the professional activity of the customer can be attributed. The seller is however entitled in the above cases, in any case, to call the place of business of the customer.
10) Information on Online Dispute Resolution
The Commission closes the Internet at the following link a platform for online dispute resolution ready: http://ec.europa.eu/consumers/odr
This platform serves as a focal point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved.