Terms of service
Version from 01/02/2024
Dear customers,
at this point, we would like to inform you about our general terms and conditions. Since they regulate the legal relationship between you as a customer and us as merchants, we kindly ask you to read them carefully. Thank you.
1. Scope of Application
a. These General Terms and Conditions (hereinafter "GTC") of Sascha Etzbach (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop (accessible at: www.saschaetzbach-prints.de).
b. The inclusion of the Customer's own terms and conditions is generally rejected unless something different has been agreed upon in writing.
c. These GTC also apply accordingly to the purchase of vouchers, unless something different has been expressly agreed upon in writing.
d. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are neither attributable to their commercial nor their self-employed professional activity.
e. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2. Object of the Contract
The sale of any goods is regulated through the Seller's online shop. For the details of the individual products, reference is made to the product descriptions on the offer pages.
3. Conclusion of the Contract
a. The contract is usually concluded in electronic business transactions via the shop system or other means of remote communication such as emails. The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
b. The Customer can submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the field that concludes the ordering process.
c. There is no minimum order value.
d. The Seller may accept the Customer's offer within five working days by sending the Customer a written order confirmation (email or letter), whereby the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first.
e. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
f. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the fifth working day following the sending of the offer.
g. When an offer is submitted using the Seller's online order form, the Seller saves the contract text and sends it to the Customer in text form (usually via email or letter) after the Customer has placed the order, along with these GTC. Additionally, the contract text is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account, provided that the Customer has created a customer account in the Seller's online shop before placing the order.
h. The order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.
4. Retention of Title
a. The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
b. If the seller makes a prepayment, he reserves the right of ownership of the delivered goods until the full payment of the purchase price owed.
c. If the customer is an entrepreneur, the following applies additionally: aa. The seller reserves ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, a pledge or transfer by way of security is not permitted.
bb. The customer may resell the goods in the ordinary course of business. All resulting claims against third parties are hereby assigned to the seller in advance in the amount of the respective invoice value (including value-added tax). The seller accepts the assignments.
cc. The seller remains authorized to collect the claims himself. However, the seller will not collect the claims as long as the customer fulfills his payment obligations to the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
dd. In the event of connection, processing, or mixing of the goods subject to retention of title, the seller acquires co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
ee. The seller undertakes to release the securities to which he is entitled at the customer's request to the extent that the realizable value of the seller's securities exceeds the secured claim by more than 10%. The selection of the securities to be released is the responsibility of the seller.
5. Performance Obstacle
a. The seller reserves the right to provide an equivalent product in terms of quality and price in exceptional cases. The products displayed in the online shop are exemplary and not the individual products subject to the contract.
b. The seller also reserves the right to cancel an ordered product in the event of its unavailability.
6. Prices and Payment Terms
a. The prices and shipping costs specified in the respective offers on the website represent total prices (gross). They include all price components, including all applicable taxes.
b. The shipping costs incurred are generally not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by the customer in addition to the purchase price, unless free shipping is promised.
d. The customer has the following payment options: credit card (Mastercard, Visa, Maestro, American Express), payment service providers (PayPal, Shop Pay, Apple Pay, Google Pay, Sofortüberweisung, eps transfer, iDEAL, Bancontact), and purchase on account (Klarna).
e. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.
7. Delivery and Shipping Terms
a. The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
b. If the delivery of the goods fails, the customer bears the costs of the unsuccessful delivery and any resulting damage. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had announced the service to him a reasonable time beforehand.
c. All orders are generally shipped to the customer within 14 days. After the customer places an order, the seller instructs a third-party provider to print the ordered item.
d. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods.
e. If the customer is a consumer, the risk of accidental loss and deterioration of the sold products during shipment passes to the customer or an authorized recipient upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if the customer independently commissions a transport company not named by the seller or another person designated to carry out the shipment.
f. If the customer is an entrepreneur, the risk of accidental loss and deterioration in the case of a sales shipment passes to a suitable carrier at the seller's place of business upon delivery of the goods.
9. Warranty
a. If the purchased item is defective, the provisions of the statutory warranty apply.
b. If the customer is a consumer, they are requested to report any obvious transport damage directly to the carrier and inform the seller. Failure to do so has no effect on the customer's statutory or contractual warranty claims.
c. If the customer is acting as a merchant, they are subject to the commercial duty to inspect and give notice of defects. If the customer fails to comply with the notification obligations specified there, the goods are deemed approved.
10. Disclaimer
The seller is liable to the customer for all contractual, quasi-contractual, and legal, including tortious, claims for damages and reimbursement of expenses as follows:
a. The seller is liable without limitation for intent or gross negligence, for negligent or intentional injury to life, body, or health, due to a warranty promise, unless otherwise regulated, and due to mandatory liability, such as that under the Product Liability Act.
b. If the seller negligently breaches a material contractual obligation, liability is limited to the typically foreseeable damage, unless unlimited liability applies according to section 9a. Material contractual obligations are obligations that the contract imposes on the seller according to its content for the purpose of achieving the contract's purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies.
c. In all other respects, the seller's liability is excluded.
d. The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
11. Jurisdiction and Applicable Law
a. The law of the Federal Republic of Germany applies to all legal relationships between the contracting parties, excluding the laws on the international sale of goods.
b. This only applies to consumers insofar as it does not limit any legal provisions of the state in which the customer has his habitual residence.
c. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law, or special funds under public law is the seller's place of business.
d. The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
12. Data Protection
The provider complies with the legal provisions of the EU General Data Protection Regulation (GDPR), the Federal Data Protection Act, and the Telemedia Act when processing personal data. The complete data protection declaration of the provider can be viewed at the following link: https://saschaetzbach-prints.de/datenschutz
13. Severability Clause
The invalidity of a provision of these GTC does not affect the validity of the other provisions.
14. Alternative Dispute Resolution
The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr The seller is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.