General Terms and Conditions
1. Scope of application
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. Entrepreneurs are natural or legal persons or partnerships with legal personality who, when concluding the contract, act in exercise of their trade, business or profession.
With regard to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without our having to refer to them again. If the entrepreneur 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.
2. Contract partner, conclusion of contract
The purchase contract is concluded with
82340 Feldafing (D) GERMANY
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can first add our products to your shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose during the order process. The contract is concluded by your clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order you will receive another confirmation by e-mail.
3. Contract language, storage of contract text
The language available for the conclusion of contracts shall be German.
We shall store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. You can also view and download the General Terms and Conditions at any time here on this page. You can view your past orders in our customer login.
4. Delivery terms
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.
We only deliver by mail order. It is not possible to collect the goods yourself.
In our shop you can choose between the following payment methods:
Bank Transfer: if you wish to pay through a bank transfer please transfer the full amount stated in your invoice, including the order number as reference, to the following account:
Artefactory – Bettina Conze
IBAN: DE53 3007 0024 0028 6658 01
The goods will only be shipped after the payment has been received.
6. Retention of title
The goods shall remain our property until full payment has been made.
For entrepreneurs the following shall apply additionally: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you shall assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we shall accept this assignment. You shall remain authorised to collect the claims, but we may also collect claims ourselves insofar as you fail to meet your payment obligations.
7. Transport damages
The following shall apply to consumers:
If goods are delivered with obvious transport damages, please report such defects preferably immediately to the delivery agent and contact us without delay. Any failure to report defects or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to enforce our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in section 377 of the German Commercial Code (Handelsgesetzbuch – HGB) shall apply. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently 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 claims for defects in used goods shall be one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; this applies without prejudice to the statutory limitation periods for the right of recourse under section 478 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).
Towards entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially fulfil our warranty towards entrepreneurs by, at our discretion, either eliminating the defect (rectification) or by delivering an item that is free of defects (replacement).
The above restrictions and shortening of time limits shall not apply to claims based on damages caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the case of an intentional or grossly negligent breach of obligations as well as fraudulent intent
• in the event of a violation of essential contractual obligations, the fulfilment of which makes due and proper implementation of the contract possible in the first place and which the contract partner can normally expect to be complied with (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• insofar as the Product Liability Act applies.
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
We rule out our liability for breaches of obligations due to ordinary negligence, to the extent that no essential contractual duties, damages due to injury to life, limb or health or guarantees or claims under the German Product Liability Act (Produkthaftungsgesetz) are affected. The same shall apply to breaches of obligations by our vicarious agents.
10. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered place of business.