Terms & Conditions
§ 1 Validity, definitions of terms
(1) Sonja Trabandt, Kirchhofstr.45, Berlin, Germany (hereinafter referred to as “I” or “Sonja Trabandt”) operates an online shop for goods under the website https://hellgrell.de. The following general terms and conditions apply to all services between me and my customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. “Entrepreneur” shall mean a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the text of the contract
(1) The following provisions on the conclusion of the contract apply to orders placed via our online shop at https://hellgrell.de.
(2) My product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in my online shop, the following provisions shall apply: The customer submits a binding contractual offer by successfully completing the order procedure provided for in our online shop. The order takes place in the following steps:
- Selection of the desired goods,
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Check the information in the shopping cart,
- Open the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/checking of address and contact data, selection of payment method, confirmation of GTC and revocation instructions,
- Complete the order by clicking the “Buy now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of a contract being concluded, the contract shall be concluded with Sonja Trabandt, Kirchhofstr.45, 12055 Berlin, Germany.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the revocation instructions, is carried out by e-mail after the order has been placed by you, partly automatically. I do not store the contract text after contract conclusion.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back button” of the browser). They can also be corrected if you cancel the order process prematurely, close the browser window and repeat the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. You must therefore ensure that the e-mail address you have provided me with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In my online shop, the sale of goods is the subject of the contract. You can take the concrete offered goods from my article sides.
(2) The essential characteristics of the product shall be found in the description of the article.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless I expressly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not identified as free of shipping costs. The shipping costs will be clearly stated on the offers, in the shopping cart system and on the order overview.
(4) All offered products are, if not clearly stated otherwise in the product description, immediately ready for shipment (delivery time usually: 3 working days in Germany, 5 working days in Europe and a week outside of Europe after receipt of payment).
(5) If it turns out when shipping to your desired country that the delivery costs unexpectedly exceed the planned delivery costs of up to € 9, I will contact you immediately. You can then withdraw from the purchase or accept the additional charge. A delivery of FinerArt Prints outside of EU countries is currently not possible or only possible with a considerable surcharge.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain my property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer you have a right of withdrawal. This depends on my withdrawaloptions.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort shall be limited to intent or gross negligence.
(2) In the event of slight negligence, I shall have unlimited liability in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If I am in default of performance due to slight negligence, if performance has become impossible or if I have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and whose observance you may regularly rely on. This includes in particular our obligation to take action and to perform the contractually owed service, which is described in § 3.
§ 8 Contract language
German and English are available as contract languages.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for goods delivered to entrepreneurs is 12 months.
(3) As a consumer, you are requested to immediately check the items provided for completeness, obvious defects and transport damage upon fulfilment of the contract and to notify me and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which can be found at https://ec.europa.eu/consumers/odr . We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.