Effective 01/01/2010
Remember that this english version is not the legal version and for convenience only.
§ 1 - Purview
- In respect to business relations of all types between the Daniel Schäfer & Markus Schmidt GbR (hereinafter referred to as Artwork Junkies) and its customers, the following general terms and conditions of trade hold true in their legally valid versions, respectively.
- Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.
§ 2 - Contract formation
- The product display in the online store does not constitute a legally binding offer. It rather gives customers the opportunity to make an offer for the desired goods.
- By sending an order in our online store, customers agree to buy all goods in their shopping cart, and this order is legally binding. Furthermore the customers agrees with this General Terms and Conditions beeing the only legal basis for the business relation.
- The customer receives an order confirmation e-mail after the order is transmitted. This confirmation e-mail doesn't mean that Artwork Junkies has accepted your offer, yet. It only confirms the receipt of your offer. We will confirm the order by initiating the product delivery.
§ 3 - Costs of return
- The customer shall bear the costs of returning the merchandise provided the goods have been delivered as ordered and the price of the returned merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, when at the time of the cancelation the customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the costs are covered by Artwork Junkies.
§ 4 - Right of revocation
Revocation indoctrination
You may revoke the contract formation wihtin 2 weeks without any reason in written form (eg. letter, fax, e-mail) or - if you received the goods before the deadline - by sending them back. The deadline starts with receipt of this indoctrination in written form, however not before arrival of the goods at the recipient (on recurring delivery of similar goods not before arrival of the first partial delivery) and not before fulfillment of our duty to inform you according to § 312c Par. 2 German Civil Code (BGB) in conjunction with § 1 Par. 1, 2 and 4 BGB-InfoV as well as our duties according to § 312e Par. 1 Clause 1 German Civil Code in conjunction with § 3 BGB-InfoV. To meet the deadline it is sufficient to dispatch the revocation or the goods in time.
You should send your Revocation to:
Daniel Schäfer & Markus Schmidt GbR
Tilsiter Str. 2
D-66292 Riegelsberg
GERMANY
Consequences of revocation
In case of an effective cancelation, both parties return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer is responsible for compensating us for the lost value. This does not apply to objects when the reduction of their value is caused exclusively by testing them - like you might have doen in a physical store . You can avoid the obligation to compensate the contractual partner for lost value by not using the object like your own property and by refraining from all use that may result in a value loss. To the extent possible, the customer must return objects by parcel post. The customer has to bear the costs of returning the merchandise provided the goods have been delivered as ordered and the price of the returned merchandise does not exceed EUR 40.00 or in case of merchandise valued more at the time of revocation when the customer has not made the contractually agreed partial or full payment. In all other cases the customer may return the merchandise free of charge. Objects not suitable for shipment by parcel post shall be picked up at the customer's premises. The obligation to return received payments must be fulfilled within 30 days. For the customer the deadline starts with the date the revocation is sent or the merchandise is returned, for us with the receipt of the revocation or the returned goods.
End of revocation indoctrination
§ 5 - Time of payment
- The payment of the selling price is due to contract formation.
§ 6 - Reservation of proprietary rights
- The delivered merchandise stays property of Artwork Junkies until full receipt of payment.
§ 7 - Warranty
- Customer warranty corresponds to statutory provisions if not stated otherwise below.
- The statute of limitation of warranty claims for customers is 2 years in case of new products, 1 year in case of used products. For businesses it is 1 year in case of new products and 6 month in case of used products. This decrease in length does not apply to indemnity claims of customers which result from a contravention of duties of the contract.
- Artwork Junkies doesn't accept any guarantee.
§ 8 - Disclaimer
- There's no indemnity except one of the following is the the case. This also holds true for business representatives in case customers claim damages from them.
- Excluded from 1. are indemnities based on a detriment of life, body or health and crucial violations of contract. Crucial violations of contract are violations which make it impossible to fulfil the contract. Also excluded are violations based on an intentional or recklessactions from Artwork Junkies or one of its legal representatives.
- Provisions of the German Product Liability Act (ProdHaftG) remain unaffected.
§ 9 - Technical and creative alterations
- On fulfilment of contract we subject to alterations compared to our brochures, catalogues or other written or electronic documents. This especially applies to color, weight, dimension, conformation or similar features, in case they are reasonable for our customers.
§ 10 - Applicable law
- Applicable law for all contracts between Artwork Junkies and its customers is the law of the Federal Republic of Germany. Regulations of the international sale do not hold true.
- Place of jurisdiction is the location of Artwork Juncies provided that this won't conflict with any law.
§ 11 - Final clause
- If any of these terms and conditions of trade is not legally effective the legal validity of the remaining agreements won't be affected.





