General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with me as a provider (Daniel Kränkel pencil drawings) via the website www.bitcoinapexart.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on my website, I submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart"
via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in my online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to my online store, the order data will be displayed as an order overview.
Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. For this purpose, I will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days
(unless another deadline is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically.
You must therefore ensure that the e-mail address you have provided to me is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide me with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. My possible specifications on file formats are to be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify me against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) I do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.
(4) Insofar as specified in the respective offer, you will receive a draft correction from me, which you must check immediately. If you agree with the draft, you release the proof by countersignature in text form
(e.g. e-mail) for execution.
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing me of any errors. I assume no liability for errors that have not been objected to.
§ 4 Special agreements on offered payment methods
(1) SEPA Direct Debit (Basic and/or Company Direct Debit)
When paying by SEPA core direct debit or by SEPA company direct debit, you authorize me by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. The direct debit will be collected within 14 days after conclusion of the contract. The period for sending the advance notice (pre-notification) is reduced to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a return debit note due to your fault, you shall bear the bank charge incurred.
§ 5 Right of Retention, Retention 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 our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
(a) I retain title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case you already now assign to me all claims in the amount of the invoice which accrue to you from the resale, I accept the assignment. You are further authorized to collect the claim. As far as you do not meet your payment obligations properly, I reserve the right, however, to collect the claim myself.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) I undertake to release the securities to which I am entitled at your request to the extent that the realizable value of my securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon me.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible.
If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of performance, place of jurisdiction
(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 state of the consumer's habitual residence is not withdrawn as a result (favorability principle).
(2) The place of performance for all services arising from the business relationship with me and the place of jurisdiction shall be my registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the residence or habitual residence is not known at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
I am not willing to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of my General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract shall not be stored by me. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by me, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.
3.3 In the case of offer requests outside the online shopping cart system, you will receive all contract data in the context of a binding offer in text form sent, for example, by e-mail, which you can print or save electronically.
4. Essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, I may incur additional costs for which I am not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on my website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on my website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured.
This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
7. Legal liability for defects
The liability for defects is governed by the provision "Warranty" in my General Terms and Conditions (Part I).
Terms of purchase contract for custom-made products
The client declares to have acquired any copyrights, trademark rights, rights for slogans, names or personal images necessary for their use in the ordered products. Their use by Daniel Kränkel Pencil Drawings does not violate any trade breaches and is not unfair competition.
The client assures that the content and form of the ordered goods do not infringe the rights of third parties. The Customer shall bear individual liability for the infringement of such rights, in particular intellectual property rights, caused by application in an ordered product of an element supplied by the Customer.
2. Cancellation fees for custom-made products
Cancellation of the custom-made item after more than 3 working days will incur cancellation/expense charges in the amount of 30% of the order value.
Cancellation is not possible after completion of the goods.
3. Warranty and guarantee conditions
No liability is assumed for warranted properties and application possibilities or those expected by the customer.
If samples are sent to the customer in advance for inspection, no warranty claims against the supplier can be derived from minor deviations.
last update: 11.07.2022