Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

Basic Provisions

  • The following Terms and Conditions apply to all contracts that you conclude with us as the provider (Artful Events Europe GmbH) via the website artful-merchandise.com. Insofar as not otherwise agreed, the inclusion of any of your own terms and conditions that may have been used is hereby rejected.
  • A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

Conclusion of the Contract

  • The subject matter of the contract is the sale of goods.
  • By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system on the terms specified in the item description.
  • The contract is concluded via the online shopping cart system as follows: The goods you intend to purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time. After clicking the “Checkout” or “Proceed to Checkout” button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order summary. If you use an instant payment system (e.g. PayPal Express/Plus/Checkout, Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop. Before submitting the order, you have the option to check and change the details in the order summary again (also using the “back” function of your internet browser) or to cancel the order. By submitting the order via the corresponding button (“place binding order”, “buy now”, “pay now” or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
  • Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).
  • The processing of the order and the transmission of all information required in connection with the conclusion of the contract shall be carried out partly by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, not prevented by SPAM filters.

Special Agreements on Offered Payment Methods

(1) Credit Check If we make an advance payment (e.g. payment on account or direct debit), we will transmit your data to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for the purpose of credit assessment on the basis of mathematical-statistical procedures in order to protect our legitimate interests. We reserve the right to refuse you payment on account or direct debit as a result of the credit check.

Right of Retention, Retention of Title

  • You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
  • The goods remain our property until full payment of the purchase price.

Warranty

  • The statutory rights of liability for defects apply.
  • As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.
  • Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the declaration of contract and the deviation was expressly and separately agreed between the contracting parties.

Choice of Law, Place of Performance, Place of Jurisdiction

  • German law shall apply. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
  • The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also invoke the court at another statutory place of jurisdiction remains unaffected.
  • The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

 

II. Customer Information

1. Identity of the Seller

Artful Events Europe GmbH Anton-Kux-Str. 2 41460 Neuss Germany

Phone: 02131-3134985 E-Mail: sales@artful-events.de

Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract The technical steps for concluding the contract, the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I.).

3. Contract Language, Storage of the Contract Text

  • The language of the contract is German.
  • The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we have received the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
  • For inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form (e.g. by e-mail), which you can print out or save electronically.

4. Code of Conduct We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Service The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and Payment Terms

  • The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
  • The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
  • If the delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
  • Costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
  • The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
  • Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery Conditions

  • The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
  • If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

8. Statutory Liability for Defects The liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I.).

These General Terms and Conditions and Customer Information were prepared by lawyers of the Händlerbund specializing in IT law and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 29.11.2023