EN 
DE Term Service
Terms and Conditions - General Terms and Conditions
Terms and conditions in the context of purchase contracts concluded via the platform www.yuliawolf.com. between the art studio Yulia Wolf Artworks (provider) and the customers (customers) designated in § 2 of the contract.
§ 1 Scope, definitions
(1) For the business relationship between the provider and the customer are exclusively the following terms and conditions in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier agrees to their validity expressly in writing in advance.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the range of the provider, in particular paintings by the artist Yulia Wolf and collect them via the button "add to cart" in a so-called shopping cart. By clicking the button "send order" he 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. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider shall then send 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 using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation).
§ 3 Delivery, availability of goods
(1) The delivery time is approximately 14 days.
(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) The goods are shipped by a forwarding agent. The shipping risk is borne by the provider if the customer is a consumer.
§ 6 Payment modalities
(1) The customer can make payment in advance by bank transfer or with Paypal.
(2) The payment of the purchase price is due within 7 days with the conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the prime rate.
(3) The Customer's obligation to pay default interest shall not preclude the Provider from asserting further damages for default.
§ 7 Warranty for material defects, guarantee
(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) An additional warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Cancellation policy Right of cancellation and cancellation policy
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The period begins after receipt of this instruction in text form. To comply with the revocation period, it is sufficient to send the revocation or the item in time.
The revocation is to be addressed to:
Art Studio Yulia Wolf Artworks, Am Ochsenbach 14, D-88677 Markdorf, Germany
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any benefits derived if the benefits or the deterioration is due to handling of the item that goes beyond the inspection of the properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store. The buyer has to bear the regular costs of the return. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly. Commissioned works of existing paintings that are converted into another format are also excluded from return. The deviation from the original can be 10-20% and will be accepted when the order is placed.
- End of the withdrawal policy -
A platform for out-of-court online dispute resolution (OS platform) is provided by the European Commission. You can access these at www.ec.europa.eu/consumers/odr. The e-mail address is in the imprint. I am neither obliged nor willing to participate in the dispute resolution process.
§ 10 Other notes
According to § 312d Abs 4 Nr 2 BGB there is no right of withdrawal for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by you.
§ 11 Notes on data processing
(1) The provider collects data from the customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the Customer's consent, the Provider shall not use the Customer's data for purposes of advertising, market or opinion research.
(3) Der Kunde hat jederzeit die Möglichkeit, die von ihm gespeicherten Daten unter dem Button “Meine Daten? in seinem Profil abzurufen, dieses zu ändern oder zu löschen. Im Übrigen wird in Bezug auf Einwilligungen des Kunden und weitere Informationen zur Datenerhebung, -verarbeitung und -nutzung auf die Datenschutzerklärung verwiesen, die auf der Website des Anbieters jederzeit über den Button ?Datenschutz? in druckbarer Form abrufbar ist.
§ 12 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) 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.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
