1.1. For the business relationship between
Berit Schulze Oberstr. 21 | 01705 Freital
St No: 210/272/12813 VAT ID: DE307465870
Contact information Mobile: +49 (0) 1523 7225 681
(hereinafter “seller”) and the customer (hereinafter referred to as “customer”),
the following terms and conditions apply exclusively, in their version valid at the time of order of goods from the assortment of BS ILLUSTRATION under www.bs-illustration.com/shop.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
1.3. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
1.4. You can reach me for questions, complaints and complaints at any time via our contact form.
2. Offers | performance specifications
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. Incidentally, errors remain reserved.
3. Ordering process | contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart. Subsequently, the customer can proceed within the shopping cart via the button [checkout] to complete the order process.
3.2. With the [Buy] button, the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, or hand over the shipment confirmed the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after a renewed request up to 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article with prepayments therefore takes place for a maximum of 10 calendar days.
3.5. A binding contract can already be concluded as follows:
• If the customer has selected credit card payment, the contract is concluded at the time of the credit card charge.
• If the customer has chosen the payment method PayPal, the contract is concluded at the time of the confirmation of the payment order to PayPal.
4. Shipping costs | Prices
4.1. All prices quoted on the product pages are inclusive of the applicable statutory value added tax without costs of packaging and shipping at the time of ordering.
4.2. In addition to the prices quoted, the seller charges for delivery. The shipping costs are clearly communicated to the buyer on a separate information page (“shipping information”) and during the ordering process.
5. Delivery | product availability
5.1. The delivery time is up to 10 days. On possibly deviating delivery times, the seller points to the respective product page. If deviating delivery times are indicated on the respective product pages, this information applies.
5.2. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.3. If not all ordered products are in stock, the seller is entitled to partial deliveries at his expense, as far as this is reasonable for the customer.
5.4. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Possibly. Payments made will be reimbursed to the customer immediately.
5.5. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller may rescind the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.6. Customers are informed about delivery times and delivery restrictions (for example, limitations on deliveries to certain countries) on a separate information page or within the relevant product description.
6. Payment arrangements
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are charged with payment processing, e.g. PayPal. their terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
7.1. The delivered goods remain the property of the seller until full payment.
7.2. If the customer is an entrepreneur and if he places his order in this capacity, the goods remain the property of the seller until full settlement of all claims between the seller and the customer (contractor).
8. Transport damage
8.1. If goods are delivered with obvious damage in transit, the customer complains such errors please as soon as possible at the deliverer and please contact immediately to the seller. The omission of a complaint or contact has no consequences for the legal claims of the customer and their enforcement, in particular the warranty rights. However, the customer helps the seller to assert his own claims against the carrier or transport insurance.
9. Customer service
9.1. For questions about products, your order or complaints, the customer can contact the seller in the following way: • by mail | email@example.com • by phone from 10:00 to 15:00 | Mobile: +49 (0) 1523 7225 681
10. Warranty | guarantee
10.1. The statutory warranty provisions apply. On the existence of legal warranty rights (warranty for defects), the seller points out. The limitation period for statutory warranty claims is 2 years and begins on the date of delivery, i. Receipt of the goods by the customer.
10.2. Damage caused by improper or non-contractual measures of the customer, during installation, connection, operation or storage, do not constitute a claim. The improper handling and lack of conformity is determined in particular according to the manufacturer’s instructions.
10.3. If the customer is an entrepreneur and the service ordered is for his business, his claims for defects expire one year after receipt of the goods.
10.4. The assignment of claims for defects is excluded.
11.1. For a liability of the seller for damages, the following exclusions and limitations apply without prejudice to the other statutory eligibility requirements.
11.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
11.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
11.4. The above limitations of liability shall not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
12. Contract Text Storage
12.1. The customer can print out or save the contract text by using the usual function of his Internet utility (= Browser: usually “File” -> “Print” or “Save As”). He can also download and archive this document in PDF format by clicking here. To open the PDF file, you need the free program Adobe Reader (at www.adobe.de) or comparable programs that can handle the PDF format.
12.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the right of revocation and the instructions for shipping costs and delivery and payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the internet.
13.1. The seller processes personal data of the customer earmarked and in accordance with the statutory provisions.
13.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
13.3. The customer has the right, upon request, to receive free information about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, as far as there is no legal duty of retention.
14. Jurisdiction | Applicable law | Contract language | final provisions
14.1. German law applies excluding the UN sales law. This choice of law applies to consumers only insofar as it does not deprive them of any more favorable provisions of the law of the state in which they have their habitual residence.
14.2. Place of jurisdiction and place of performance is the place of business of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law. For consumers the jurisdiction agreement does not apply.
14.3. The contract language is German.
14.4 If one or more provisions of these terms and conditions are ineffective, the contract remains otherwise valid. Insofar as the provisions are ineffective, the content of the contract is governed by the statutory provisions.