General terms and conditions (AGB) of Arsonists GmbH and customer information
1 Validity of the terms and conditions, definitions and contractual language
- Our General Terms and Conditions (hereinafter referred to as "GTC") apply in their latest version to all services and offers of Arsonists GmbH, Kreittmayrstr. 3, 80335 Munich, legally represented by the Managing Director Günter Gerald Götzer (hereinafter referred to as "COMPANY"), with the CUSTOMER (hereinafter referred to as "CUSTOMER"), insofar as these GTC have been effectively incorporated into the contract.
- Deviations from these GTC are only effective if confirmed by the COMPANY. The COMPANY's confirmation to contractual partners who are not consumers must be made in writing.
- The CUSTOMER is a consumer if he is a natural person and the purpose of the ordered deliveries and services can be attributed neither predominantly to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
- The contractual language is German.
2 Subject matter and conclusion of the contract
- The COMPANY offers goods for sale and services related to the graphic design and finishing of textiles, both in stationary retail stores and through distance selling.
- In order to conclude the contract via the Internet by way of distance selling, the CUSTOMER shall send the COMPANY an inquiry via the offer form on the COMPANY's website or by e-mail, with which the CUSTOMER shall provide all information on the service he/she wishes to receive (such as print run, print motif with position, desired textile, own design preview). The CUSTOMER's request may also be made in person at the COMPANY's brick-and-mortar store. The COMPANY will then send the CUSTOMER a confirmation of receipt immediately and within two working days after receipt of the CUSTOMER's request by the COMPANY by e-mail or - if the CUSTOMER so wishes - will hand over a binding offer to the CUSTOMER on site in the retail shop (also referred to by the COMPANY as "ORDER"). If the COMPANY is unable or unwilling to provide the CUSTOMER with a quotation, the COMPANY shall also notify the CUSTOMER within a period of two working days from the receipt of the CUSTOMER's request by the COMPANY. The contract shall be concluded upon receipt by the COMPANY of the CUSTOMER's declaration of acceptance and/or approval of this offer, which shall be sent to the COMPANY at least in text form. By his declaration of acceptance and/or release, the CUSTOMER confirms that he has checked the COMPANY's offer for correctness (errors in images, printing status, positioning, texts, colour details, etc.).
- The COMPANY shall be bound by the COMPANY's offer as described in the foregoing § 2 paragraph 2 of these GTC for a period of two weeks from the date of issuance of the offer. A declaration of acceptance and/or release by the CUSTOMER received by the COMPANY after the expiry of this period shall therefore constitute an offer by the CUSTOMER that the COMPANY may accept by declaration within two working days, which shall then lead to the conclusion of the contract. If the COMPANY does not accept the CUSTOMER's offer, it shall notify the CUSTOMER thereof within a period of two working days from receipt of the CUSTOMER's offer by the COMPANY.
- The characteristics and essential features of the goods and services shall be set out to the CUSTOMER at least in text form in the offer after the CUSTOMER's request to the COMPANY prior to purchase.
- The information and details provided by the COMPANY on its website, in brochures, catalogues, mailings or similar advertising materials are subject to change and are not binding on the COMPANY. Such presentations do not constitute a binding offer unless they are expressly identified as binding.
- Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed between the COMPANY and the CUSTOMER.
- The COMPANY undertakes to perform the services to be rendered under this contract in a professional manner and in compliance with modern knowledge and developments. Deviations by the COMPANY from the agreements are permissible provided that the contractually agreed standard of performance is maintained. Due to the production process, minor technical deviations in the delivered goods from the agreed specifications - for example in shape and colour - and/or over- or under-production of the printed products may occur. Such deviations shall not constitute a material defect, provided that they are within the scope of what is customary in the trade. A short delivery or excess delivery in the case of overproduction or underproduction of up to 10% is customary in the trade. In addition, the CUSTOMER must take into account that the representation of colours may differ on monitors which are not calibrated. In case of purchase in the retail shop of the COMPANY, the CUSTOMER has the possibility to view the respective colour on a calibrated monitor before production.
- The transfer of rights and obligations of the Contractual Partner to third parties shall require the prior written consent of the COMPANY.
§ 3 Prices and shipping costs
- All prices stated on the website, in the retail shop and in offers of the COMPANY are final prices plus shipping costs, which are stated separately. The statutory sales tax is shown in each case and is included in the final prices.
- The corresponding shipping costs will be communicated to the CUSTOMER prior to the purchase and are to be borne by the CUSTOMER, unless the CUSTOMER makes use of his right of withdrawal. The shipping costs include all associated costs, such as packaging, delivery and insurance. Additional costs caused by incorrect information provided by the CUSTOMER and for which the CUSTOMER is responsible shall be borne by the CUSTOMER or reimbursed to the COMPANY by the CUSTOMER upon request.
- The shipping risk shall be borne by the COMPANY if the CUSTOMER is a consumer.
§ 4 Payment modalities and delivery
- The CUSTOMER may make the payment of the purchase price in the form of the payment options communicated to him before the purchase.
- In the event of payment in advance, the goods will be shipped to the billing address specified by the CUSTOMER after crediting the respective bank account of the COMPANY with the delivery time communicated to the CUSTOMER prior to the purchase. A different delivery address can be agreed.
- The COMPANY delivers to the whole territory of the European Union.
- In the event that the goods are to be collected, the COMPANY shall inform the CUSTOMER by e-mail as of when the goods are ready for collection and at what times the CUSTOMER can collect them from the COMPANY's registered office in Munich.
- The COMPANY reserves the right to send the invoice in electronic form. In this case, the invoice will be sent free of charge by e-mail.
- The goods shall remain the property of the COMPANY under reservation of title until the purchase price has been paid in full.
- In the event of under-delivery/under-production of the order quantity within the scope customary in the trade (cf. § 2 No. 7 of these GTC), there shall be no claim to subsequent delivery of the shortfall quantity. In this case, the quantity actually delivered shall be invoiced.
5 Delivery time and force majeure
- The delivery time of the goods is two weeks after the CUSTOMER's declaration of acceptance has been received by the COMPANY.
- Deviating agreements on dates or deadlines must be in writing for contractual partners who are not consumers, otherwise the text form is sufficient. If the CLIENT subsequently agrees to other or additional services that affect agreed dates or deadlines, these dates or deadlines shall be extended by a reasonable period of time.
- Dates or deadlines shall be extended by the period in which the CUSTOMER is in default of payment or fails to fulfil a cooperation obligation in breach of contract.
- The COMPANY shall not be responsible for disruptions of performance due to force majeure and due to events that make it significantly more difficult or impossible for the COMPANY to provide the service - this includes in particular strikes, weather-related breakdowns, lockouts, official orders, damage to machines and machine breakdowns - even in the case of agreed dates or deadlines, if the COMPANY notifies the CUSTOMER of this immediately. They entitle the COMPANY to postpone the performance for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
- If the default in performance referred to in § 5 para. 4 above lasts longer than three months, the CUSTOMER shall be entitled, after setting a reasonable grace period, to withdraw from the contract with respect to the part not yet performed.
- The COMPANY shall be entitled to withdraw from the contract if, despite the prior conclusion of a purchase contract, the COMPANY itself has not been supplied with goods necessary for the execution of the CUSTOMER's order and is therefore unable to supply the CUSTOMER within the delivery period as stipulated above. This shall not apply only if the COMPANY is responsible for the failure to deliver to the CUSTOMER. The COMPANY shall inform the CUSTOMER without delay of the failure of its own supply and, in the event of withdrawal, shall reimburse the CUSTOMER without delay for any consideration already received.
- The COMPANY shall be entitled to render partial performance at any time, provided that such partial performance is reasonable for the CUSTOMER.
§ 6 Obligations of the CUSTOMER
- If the CLIENT sends in pictures, drawings, etc. for further processing, the CLIENT guarantees the COMPANY that it has the necessary rights/permissions to distribute, reproduce and have the material sent in processed by third parties - such as the COMPANY. This guarantee applies in particular to trademarks, copyrights or other protective rights of third parties, general personal rights or other rights of third parties. The CLIENT also guarantees that the submitted material does not violate applicable law.
- Insofar as the pictures, drawings, etc. used for production on behalf of the CUSTOMER are made available by the COMPANY, the COMPANY shall grant the CUSTOMER the right to use them exclusively for private use.
- In the event of a breach of the guarantee resulting from § 6 Para. 1 of these GTC and/or a transgression of the rights of use granted in § 6 Para. 2 of these GTC, the CUSTOMER shall indemnify and hold harmless the COMPANY in the event of a judicial and/or official claim.
§ 7 Liability, obligations to examine and to give notice of defects
- In principle, the statutory warranty right exists vis-à-vis the CUSTOMER, unless this is regulated differently in these GTC.
- The COMPANY shall pay damages or reimbursement of futile expenses, irrespective of the legal grounds (e.g. from contractual and quasi-contractual obligations, material defects and defects of title, breach of duty and tort), only to the following extent:
- liability in the event of intent, from guarantees assumed and in the event of injury to life, limb and health is unlimited. It shall be governed by the statutory provisions;
- in the event of gross negligence, the COMPANY shall be liable to the extent of the typical damage foreseeable at the time of conclusion of the contract;
- in the event of a breach of a cardinal obligation due to simple negligence (obligation the fulfilment of which is a prerequisite for the proper performance of the contract, the observance of which the CUSTOMER regularly relies on and may rely on, and the breach of which jeopardises the achievement of the purpose of the contract), the COMPANY shall be liable to the amount of the typical damage foreseeable at the time of conclusion of the contract;
- if the CUSTOMER is not a consumer, the COMPANY shall not be liable for damages caused by slight or grossly negligent breach of duty by its vicarious agents, unless such breach of duty relates to cardinal obligations.
- The COMPANY shall have the right to plead contributory negligence.
- If the CUSTOMER is a consumer, the limitation period for claims arising from liability for material defects shall be 24 months. If the CUSTOMER is an entrepreneur, this period shall be reduced to 12 months.
- Liability claims of the CUSTOMER under the Product Liability Act shall remain unaffected by the above limitation of liability.
- If the CUSTOMER is a merchant, the legal provisions of the German Commercial Code (HGB) shall apply, in particular the obligations of the CUSTOMER to examine the goods and to give notice of defects.
8 Return costs in the event of revocation
In the event of a revocation, the CUSTOMER shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. In other cases, the COMPANY shall bear the costs of the return shipment.
9 Cancellation policy for consumers in the case of distance selling
- The CUSTOMER, acting as a consumer, is entitled to a right of revocation in accordance with § 355 BGB (German Civil Code) for contracts concluded outside business premises and for distance contracts. Consumers may revoke their declaration directed towards the conclusion of the purchase contract under the following conditions:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, Arsonists GmbH, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation:
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the cancellation policy
- The right of withdrawal, as described in § 9 para. 1 of these GTC, does not apply, unless otherwise agreed by the parties, to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the CUSTOMER is decisive or which are clearly tailored to the personal needs of the CUSTOMER. Therefore, the CUSTOMER has no right of withdrawal if the subject matter of the contract is the graphic design and finishing of textiles under individual selection or determination of the CUSTOMER.
§ 10 Data processing and data protection
- The COMPANY collects data from the CUSTOMER in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the CUSTOMER's consent, the COMPANY will only collect, process or use the CUSTOMER's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship.
- Without the consent of the CUSTOMER, the COMPANY will not use data of the CUSTOMER for the purpose of advertising, market research or opinion poll.
- The CUSTOMER's order data will be stored by the COMPANY. If the CUSTOMER has provided the COMPANY with an e-mail address, the CUSTOMER will receive all relevant data regarding his order by e-mail, which can also be printed out.
- As soon as the contract has been fully processed, the CUSTOMER's order data will be stored in order to comply with statutory retention periods and will be deleted upon expiry of said periods.
- The CUSTOMER shall at all times have the right to obtain, free of charge, information on the data stored by the COMPANY, as well as the right to rectification, deletion or blocking. In these cases and/or in case of questions regarding the use or processing, the CUSTOMER may contact the COMPANY at any time via the communication channels indicated by the CUSTOMER within the framework of the purchase contract.
§ 11 Consumer arbitration
The COMPANY does not participate in any dispute resolution procedure before a consumer arbitration board.
§ 12 Information on the technical means of correcting input errors
Input errors during the ordering process via the COMPANY's website can be corrected manually at any time before sending the e-mail or clicking the "QUOTE REQUEST" button. The process can also be cancelled at any time by closing the browser window or the respective tab in the browser.
§ 13 Partial invalidity, place of jurisdiction and applicable law
- Should a provision in these terms and conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
- For CUSTOMERS of the COMPANY who are not consumers, the following shall apply: Verbal subsidiary agreements shall be deemed not to have been made. Amendments and supplements to the contract must be made in writing. This also applies to agreements on the waiver of the written form.
- If the CUSTOMER is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship between the COMPANY and the CUSTOMER shall be the registered office of the COMPANY.
- The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between the COMPANY and the CUSTOMER who is not a consumer. In all other respects, the general statutory provisions shall apply.
Status of the GTC 2021