Terms of service

1. General

All offers, purchase contracts, supplies and services based on orders from our customers (hereinafter referred to as customers) via our online shop www.arrondir-studio.com (hereinafter the "Online Shop") are subject to these General Terms and Conditions.

The product offer in our online shop is aimed equally at consumers and entrepreneurs, but only at end customers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 of the Civil Code - BGB) and (ii) is an "entrepreneur" a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity at the conclusion of the contract (§ 14 para. 1 BGB).

The purchase contract is concluded with:

Vicelis

Victoria Wenning

Königsallee 27

40212 Düsseldorf

vicelis@posteo.de

Terms and conditions of the customer do not apply, even if we do not contradict their validity separately in individual cases.

The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German or English page of the online shop. If the customer's order is placed via our German-language website, only the German version of these General Terms and Conditions is decisive. If the order is placed via our English-language website, only the English version of these General Terms and Conditions is applicable.

2. Conclusion of contract

Our offers in the online shop are non-binding, only represent an invitation to place an order.

By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. By clicking on the "Buy now" button, you place a binding order for the goods contained in the shopping cart. We can accept the offer until the end of the third working day following the day of the offer.

We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer is only considered accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.

Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return policy communicated to him as part of the order on our website and to return the goods.

3. Prices and payment

All prices are to be understood as final prices (according to §19 UStG without indication of sales tax, small business regulation). Customs duties and similar taxes must be borne by the customer.

In addition, shipping costs may apply, which are indicated in the ordering process. These may be different depending on the location of the receiving address.

Unless expressly agreed otherwise, we only deliver against prepayment (in the manner indicated in the online shop on the order form).

Payment by invoice and financing

The following payment methods are available in the shop:

Shopify Payments (credit card, Klarna, Paypal etc.)

Payment is due immediately upon conclusion of the contract.

4. Shipment of the goods

Deadlines and dates specified by us for the shipment of the goods are always only approximate and may therefore be exceeded by up to two working days. As a rule, the shipment is made within 3-5 working days to the address provided by the buyer. The buyer must ensure that the correct address is provided. We are not liable for the correctness of the information.

All delivery periods specified by us at the time of the order or otherwise agreed by us begin, (a) if delivery is agreed against advance payment, on the day of receipt of the full purchase price (including shipping costs).

Only the day on which we hand over the goods to the shipping company is decisive for compliance with the shipping date.

5. Shipping, insurance and transfer of risk

Unless expressly agreed otherwise, we determine the appropriate shipping method and the transport company at our reasonable discretion.

We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time mentioned by us is therefore non-binding.

If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time when the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer with the delivery of the goods to the transport company.

We will insure the goods against the usual transport risks at our expense.

6. Reservation of proprietary rights

We reserve ownership of the goods delivered by us until full payment of the purchase price (including shipping costs) for the goods in question.

The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.

7. Guarantee

If the delivered goods are subject to a material defect, the customer can first demand from us the removal of the defect or delivery of defect-free goods. However, if the customer is an entrepreneur, we can choose between the elimination of the defect or the delivery of a defect-free item, whereby only by notification in text form (also by fax or e-mail) to the customer can be made within three working days after receipt of the notification of the defect. We may refuse the type of supplementary performance chosen by the buyer if this is only possible with disproportionate costs.

Since these are handmade items, minor deviations cannot be claimed as a defect.

If the subsequent performance fails or the customer is unreasonable or we refuse the subsequent performance, the customer is entitled in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand damages or reimbursement of his futile expenses. The special provisions of No. 9 of these General Terms and Conditions also apply to the customer's claims for damages.

The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after shipment. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days after discovery of the defect.

8. Intellectual property rights and copyrights

The customer is not entitled to make reproductions of the goods.

9. Liability

We are not liable (no matter what legal reason) for damages that are typically not to be expected with normal use of the goods. Our liability is also excluded for damages due to data loss if the replacement is not possible due to missing or insufficient data backup or is made more difficult. The above limitations of liability do not apply in the event of intent or gross negligence.

The limitations of this section 9 do not apply to our liability for guaranteed characteristics iSv. § 444 BGB, due to injury to life, body or health or according to the Product Liability Act.

The liability is limited to the foreseeable, typically occurring damage. Staining cannot be ruled out when the products are wet. No liability is assumed for damage caused by discoloration. Also, I am not liable for improper use.

10. Data protection

We may process and store the data relating to the respective purchase contracts, insofar as this is necessary for the execution and processing of the purchase contract and as long as we are obliged to store this data on the basis of legal provisions.

We will also not forward any other personal customer data to third parties without the express consent of the customer, except to the extent that we are legally obliged to hand it over.

The collection, transmission or other processing of personal data of the customer for purposes other than those mentioned in this section 10 is not permitted to us.

11. Applicable law, place of jurisdiction and dispute resolution

The purchase contract between us and the customer is subject to the law of the Federal Republic of Germany, subject to the law of the UN Convention on Contracts for Private Sales, subject to mandatory international private law regulations.

Dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our imprint. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Is the customer a merchant iSd. § 1 para. 1 of the Commercial Code (HGB), a legal person under public law or a special fund under public law, the courts in (Pforzheim) have exclusive jurisdiction for all disputes arising out of or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.

12. Right of withdrawal

In the cases required by law, you have the right to withdraw from this contract within fourteen days without giving any reason.

In particular, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Arrondir, Königsallee 27, 40212 Düsseldorf arrondir@posteo.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory.

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the cancellation period.

13. Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged a fee for this repayment. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You 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 to verify the nature, characteristics and functioning of the goods.

The shipping costs for the return shipment are always borne by the customer. The outward shipping is refundable, unless there are additional costs due to a more expensive shipping method (e.g. Express shipping) have arisen.

Return shipping costs

Costs for a return of the goods in the event of a revocation are to be borne by the buyer.

14. Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

– To

Vicelis

Victoria Wenning

Königsallee 27

40212 Düsseldorf

Arrondir@posteo.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notified on paper)

– Date

Consequences of revocation:

You must return the goods within 14 days of revocation.

You bear the costs of the return shipment. Please note that the return shipment must be made in secure, original packaging and insured.

Depending on the format and insurance coverage, the return shipping costs for original works of art are usually between €200 and €700.

The refund will be made within 14 days of receipt and inspection of the goods, provided that the goods have been returned undamaged and complete.

 

Exclusion of the right of withdrawal for commissioned works

The right of withdrawal does not apply to individual commissioned works that have been created according to your personal specifications (e.g., commission works, artworks on request).

According to § 312g para. 2 no. 1 BGB (German Civil Code), there is no right of withdrawal for custom-made products.

 

15. Copyright

The copyright belongs to the artist, Victoria Wenning.

It remains with the artist even after the purchase of a work. The buyer acquires the material ownership for private purposes.

Publication may only take place with the consent of the artist and with mention of her name.