General Terms and Conditions for the store “Brittas Kunst”

§1 Validity towards entrepreneurs and definitions of terms
(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).

If the customer refers to the inclusion of his own terms and conditions of business or purchase, these are contradicted

Individual contractual agreements take precedence over general terms and conditions.

§2 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our online store https://shop.brittas-kunst.com .

(2) If the contract is concluded, the contract is concluded with

Britta Linnemann
Lünningsredder 3
24253 Prasdorf
Germany

–

(3) The presentation of the goods in our online store does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet store, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided in our Internet store.

The order is placed in the following steps:

1) Select the desired goods by clicking on “Add to shopping cart”
2) Check the details in the shopping cart
3) Click on the “Checkout” button
4) Enter contact details, address, etc., optionally create a customer account or log in to the customer account
5) Check or correct the data entered again.
6) Binding submission of the order by clicking on the “Buy now” button.

Before submitting the binding order, the consumer can return to the website on which the customer’s details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details.
We confirm receipt of the order immediately by means of an automatically generated e-mail (“order confirmation”). With this we accept your offer.

(5) Storage of the contract text for orders via our Internet store: We will send you the order data and our Terms and Conditions by e-mail. . You can also view the GTC at any time at https://shop.brittas-kunst.com/agb.

§3 Prices, shipping costs, payment, due date
(1) As a small business, Britta Linnemann is exempt from VAT, which is why no VAT is shown in the prices. The prices include all price components for the respective product. Any shipping costs are added.

(2) The consumer has the option of paying via PayPal.

§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery will be made at the latest within 5-7 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring bank or after receipt of payment via PayPal. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.

(2) The risk of accidental loss and accidental deterioration of the item sold shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by dispatch.

§5 Retention of title
We retain title to the goods until the purchase price has been paid in full.

§6 Right of withdrawal of the customer as a consumer:
Right of withdrawal for consumers

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. For details, please refer to the withdrawal policy.

§7 Warranty

The statutory warranty regulations apply.

§8 Contract language

The contract languages are German and English.

§9 Choice of law

The law of the Federal Republic of Germany shall apply to the contractual relationship between the parties to the purchase contract. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CSIG) is excluded.

§10 Distance selling information

(1) The description of the goods can be found in the presentation on the Internet at www.brittas-kunst.com.

(2) There is no out-of-court complaint or redress procedure to which we are subject.

(3) All further information about our company, the offer and the processing of the purchase can be found on our website.

§11 Consumer dispute resolution procedure

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

§12 Information on electronic business transactions

(1) Technical steps for concluding the contract: see the explanations in section 2 of our GTC.
(2) The customer can save the text of the contract by using the “Save as” function of his browser to save the relevant website on his computer. They can also print out the text of the contract using their browser’s print function. We ourselves save the contract texts and make them available to the customer by e-mail or post on request.
(3) The customer can correct his entries at any time during the order process by selecting the “Back” button in the browser and then making the corresponding change. The customer can cancel the entire order process at any time by closing the web browser. Furthermore, the order overview also offers an additional correction option before sending the online order, which is pointed out to the customer.
(4) The languages available for the conclusion of the contract are German and English.
(5) We have not subjected ourselves to any special code of conduct (set of rules).

§13 Warranty

There is a statutory right of liability for defects for the purchased goods. The warranty period (i.e. the liability period) for defects in the goods is 24 months for new goods and 12 months for used goods.
The warranty period begins from the handover of the goods to the buyer.
The warranty claims for new and used goods expire within two years from the handover of the goods to the buyer. However, the regular limitation period of 3 years applies,
beginning at the end of the year in which the goods are delivered.

a. the claim arose and

b. the creditor becomes aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence,
– in the case of liability for damages resulting from injury to life, body or health, which are based on a negligent or intentional breach of duty committed by me or an intentional or negligent breach of duty committed by one of our vicarious agents, or
– if the liability for other damages is based on an intentional or grossly negligent breach of duty committed by us or on an intentional or grossly negligent breach of duty committed by one of our vicarious agents or
– if it concerns liability for fraudulently concealed defects, claims arising from warranty promises or liability under mandatory statutory provisions, e.g. under the Product Liability Act, or
– in the case of claims arising from a rescission mutually agreed between the parties to the purchase contract, a reduction mutually agreed between the parties to the purchase contract or from any other agreement between the parties to the purchase contract with regard to the settlement of warranty claims.

The two-year limitation period for recourse claims in accordance with § 478 BGB remains unaffected.

The warranty does not extend to normal wear and tear.

§14 Retention of title

We reserve title to the delivered item until all payments from the purchase contract have been received. If the buyer does not fulfill his contractual obligations, in particular in the event of default of payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obliged to surrender the item.

The buyer is obliged to inform us immediately in the event of seizure of the object of purchase or other access or attempted access by third parties to the object of purchase so that we can exercise our rights arising from the retention of title.

$15 Transport damage

If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.

Failure to make a complaint or contact us has no consequences for your statutory warranty claims. However, you will help us to assert our own claims against the carrier or the transport insurer.

§16 Data protection

You can find the data protection declaration for the implementation of data protection regulations at
in the separate data protection declaration.

$17 Copyright notice

The photos posted on our Internet pages and the texts created by us are protected by copyright. The unauthorized copying and publication thereof (even in part) will be prosecuted under criminal and civil law in accordance with § 97 UrhG. .

§18 Severability clause

Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.


Prasdorf, 21.10.2024