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General Terms & Conditions of Business & Delivery of arssedia GmbH


 

Your contractual partner for all orders placed in the context of the online service is arssedia GmbH, represented by the CEO Hubert Snehotta, Körnerweg 9, 04316 Leipzig (Handelsregister AG Leipzig (Commercial Register), HRB 30839), VAT ID no.: DE 297053868, hereinafter referred to as "arssedia".

 

All deliveries from arssedia to consumers shall be realised on the basis of the following general terms and conditions of business and delivery. These form the basis of all offers and agreements between arssedia and the customer and shall be regarded as recognised for the duration of the complete business relationship. Conflicting or deviating terms and conditions of the buyer are only binding if they are acknowledged in writing by arssedia.

 

A consumer pursuant to these general terms and conditions of business and delivery is any natural person who enters into a legal transaction for a purpose which can neither be attributed to his/her commercial nor independent professional activities. An entrepreneur pursuant to these general terms and conditions of business and delivery is a natural or legal person or legal entity or partnership with legal capacity which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities, and authorities.

 

Clients or customers pursuant to these general terms and conditions of business and delivery are both consumers and entrepreneurs.

 

 

 

1. The “offers” contained on the website represent a non-binding request for the customer to order from arssedia.

 

2. The depiction of products on the website does not represent a legally binding offer, but merely a request to order.  All offers are valid as long as stocks last, unless otherwise stipulated for the respective product.  Errors and omissions excepted.

 

3. Clicking the "Complete order" button in the last step of the ordering process means you have placed a binding order for the merchandise contained in the shopping cart. The purchase contract is concluded if we accept your order through an order confirmation by e-mail immediately after receipt of your order. In the event of preferred dates and express deliveries, availability should be clarified by telephone and/or e-mail prior to ordering.

 

4. If an order is issued, the validity of the contract exists independent of approval by the authorities or a third party. Obtaining of approval is the duty of the customer. Costs and charges shall also be borne by the customer.

 

5. Additional agreements, amendments and supplements are only valid if confirmed in writing by arssedia.

 

 

 

1. In submitting a binding order on the internet, the customer enters a binding agreement to a concluded purchase contract and/or a contract for labour and materials. Prior to finally submitting the order, the customer has the option to check the correctness of his/her input on an overview page and to correct this if necessary.  The following languages are currently available for the ordering process: German, English, French. arssedia thereupon sends the customer an order confirmation by e-mail.

 

The order confirmation does not represent an acceptance of the offer, but is only intended to inform the customer that his/her order has been received at arssedia.

 

The contract is only concluded if arssedia dispatches the ordered product to the customer and shipment to the customer is confirmed with a second e-mail (shipping confirmation).

 

2. With regard to 2 (3), arssedia as a platform provider is unable to check all printed motifs designed by customers or shop operators in advance for any infringements of rights. arssedia reserves the right to reject submitted orders within the legal acceptance period if it becomes evident during the ordering process or a suspicion is aroused that the rights of third parties or legal regulations are infringed by a printed motif.


4. Conclusion of contract shall be subject to timely and complete self-delivery. This reservation shall not apply in the event of brief delivery interruptions or if arssedia is responsible for non-delivery, particularly where arssedia has neglected to concluded a congruent coverage transaction in good time. The customer shall be informed immediately of the non-availability of the service. Where the return service has been performed by the customer, this shall be reimbursed.

 

 

 

All orders shall be executed exclusively on the basis of the printed data delivered or transmitted by the customer, provided nothing to the contrary has been agreed in writing. Data shall be delivered in the file formats stipulated on the www.arssedia.de website. Correct performance cannot be guaranteed for deviating file formats. Colour deviations between the digital image and later print on the furniture are possible.

 

1. The customer bears complete responsibility for the completeness and correctness of the data provided. This also applies to data transmission or data storage medium errors or similar, unless these are the responsibility of arssedia, and to program errors which have not been self-inflicted during processing and to changes of program versions and different versions. Texts must be converted into paths, or the font type should be delivered with approval.

 

2. We are not under any obligation to inspect realised deliveries of any kind (including data storage media and transmitted data) supplied by the customer or a third party engaged by the customer. In the case of data transmissions, the customer shall employ in all cases security programs for computer viruses meeting the latest technical standards prior to transmission. Data backup is solely incumbent upon the customer. We are entitled to create copies. Any liability of data storage media is excluded.

 

3. Only copies of electronic files should be delivered. Arssedia bears no liability for the loss of or damage to the data, samples, drafts, etc. provided. The data shall be deleted following termination of the order.

 

 

1. The delivery deadline is stipulated in delivery weeks.

2. Delivery is realised within Germany and some other European states which can be viewed at www.arssedia.de 

3. Delivery and performance deadlines and periods which can become the subject of a binding or non-binding agreement shall be indicated in writing.  Delivery and performance periods commence on conclusion of contract. Where subsequent contractual amendments are agreed, a new delivery and performance deadline or a new delivery and performance period shall be simultaneously agreed.


4. Delivery shall be realised by a shipping provider to be selected by arssedia. The customer shall bear a flat-rate postal charge which can depend on the order value and the location to which delivery is to be realised. Current shipping prices can be viewed at www.arssedia.de.


5. The customer can withdraw from the contract or give notice of the premature termination of a contract due to delay of delivery or performance if an agreed and binding delivery or performance deadline is exceeded by more than four weeks and an appropriate extension period in terms of the type, scope and degree of difficulty, etc. of this delivery or performance which is set has elapsed without success. The extension period shall be at least two weeks.

6. Force majeure and other unforeseeable and extraordinary events and circumstances which are nobody's fault, such as material procurement difficulties, disruptions to operations, strikes, lockouts, etc. extend the delivery and performance deadline by the duration of the obstruction, even if they are experienced by a sub-contractor. arssedia shall be released from its delivery and performance obligation if the circumstances mentioned make delivery and/or performance impossible or unreasonable. In the event of the delivery and performance deadline being extended or arssedia being released from its delivery and performance obligation, the customer cannot derive any claims for compensation from this. arssedia shall notify the customer immediately of any delays which occur.

 



1. The place of performance is the registered office of the company.


2. Delivery is made to the shipping address stipulated by the customer. An agreement deviating from this requires our written approval.


3. Shipping costs are satisfied by the shipping flat rate levied.


4. As soon as the merchandise is handed over to a freight forwarder, carrier or the post office, or at the latest when they leave our company premises, the customer shall bear the risk for the goods. Transfer of risk to the customer also applies to prepaid deliveries or deliveries free domicile.


5. Any shipment which exhibits outward damage should only be accepted by the customer if the damage is established and documented by the shipper/carrier. Insofar as this is not done, it will invalidate all claims for damages made against us.

 


1. Prices indicated are final for customers from EU states. They include statutory taxes, particularly value added taxes. Shipping costs are invoiced separately and indicated separately on the invoice. The shipping address is decisive.


2. Prices indicated are net prices for customers outside the EU. The shipping address is decisive. If VAT is due in accordance with the statutory provisions in the recipient country, this shall be paid additionally upon receipt of the goods. Moreover, import duties may be incurred which the customer shall pay additionally upon receipt of the goods.


3. Shipping costs shall be borne by the customer which may be dependent on the order value and the location to which delivery is to be realised. Current shipping prices can be viewed at www.arssedia.de.


4. Payment of the purchase price and shipping costs is due immediately without deduction.

 



1. Payment shall be made by direct debit (SEPA basic mandate), advance payment or other payment methods (PayPal), depending on the customer's choice. arssedia reserves the right to limit the choices of payment methods between which a customer can choose, depending on order value, shipment region or other objective criteria. In the case of payment by direct debit (SEPA basic mandate), arssedia shall forward pre-notification to the customer after the order is realised in the context of the order confirmation (see 3 (2)). Collection of a direct debit payment is realised in the case of account-holding banks in Germany, Austria and Spain 1 day at the earliest after dispatch of pre-notification and 5 days at the earliest after dispatch of pre-notification for account-holding banks in other countries.


2. If, despite contractually agreed realisation on the part of arssedia, the customer's chosen method of payment is not feasible, particularly because a debiting of the customer’s account is impossible due to lack of funds or provision of incorrect information, the customer shall reimburse arssedia or the third party authorised by arssedia with handling for the resulting additional costs.


3. arssedia is entitled to engage the services of trustworthy third parties when handling payments: 



a) In case of default of payment on the part of the customer, arssedia may cede its claims to a debt collection agency and transfer the personal data required to process payments to this third party.

 



 b) In the case of intervention of third parties in the payment process, the payment in relation to arssedia is only regarded as settled ​​if the amount has been provided to the third party in accordance with the contract in a manner that gives the third party unlimited disposal over it.

 

 

 

1. The goods remain the property of arssedia until settlement of the receivables due to arssedia. If the customer is a merchant as defined in the Commercial Code, arssedia retains the title to all items delivered until receipt of all payments from the business relationship.

 

2. The customer is obliged to treat the goods with care until the transfer of ownership to him/her.

 



1. Information, drawings, illustrations, technical data, weight, measurement and performance specifications which are contained in brochures, catalogues, circulars, advertisements or price lists are provided for information purposes only. arssedia assumes no responsibility for the accuracy of this information. With regard to the nature and scope of delivery, only the information contained in the order confirmation is decisive.


2. Insofar as a defect covered by the warranty exists, the customer is entitled to demand supplementary performance under statutory regulations, to withdraw from the contract or to reduce the purchase price.


3. In the case of return shipments due to defects, arssedia shall also assume the postal costs.


4. Data communication via the internet cannot be guaranteed to be error free and/or available at all times, given the current state of technology. arssedia therefore assumes no liability for the constant and uninterrupted availability of the online service.


5. Claims of the customer emanating from the warranty assume that the customer, insofar as he/she is a merchant, complies with his/her obligations under Sec. 377 HGB (German Commercial Code) regarding inspection and complaint.


6. The limitation period of warranty claims for goods delivered is two years from receipt of the goods. The limitation period is one year if the customer is an entrepreneur.
 

 

 

1. The liability of arssedia is otherwise governed by statutory provisions, provided no other provisions are specified in these general terms and conditions of business and delivery. arssedia only bears unlimited responsibility for damages in the case of wilful intent and gross negligence, regardless of the legal reasons. Moreover, arssedia only bears unlimited liability in the case of minor negligence for damages resulting from injury to life, limb or health. In the case of minor negligence and the breach of an essential contractual obligation (cardinal obligation), the liability of arssedia is limited to compensation for foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above provisions.


2. Insofar as the liability of arssedia is excluded or limited in these general terms and conditions of business and delivery, this also applies to the personal liability for damages of employees, workers, personnel, representatives and agents of arssedia.

 



Revocation instruction


As a consumer (Sec. 13 BGB (German Civil Code)), you may withdraw your contractual declaration within two weeks in writing (e.g. letter, fax, e-mail) without giving any reasons or by returning the goods. The period begins with receipt of this instruction. The sending of the revocation or goods on time is sufficient for compliance with the revocation period. In contrast, a right of revocation does not exist in the case of contracts for the supply of goods which are not prefabricated, where an individual choice or decision by the consumer is decisive for their production or which are clearly tailored to meet the personal needs of the consumer.


The revocation must be sent to:


arssedia GmbH 


 

Melscher Strasse 1
04299 Leipzig
E-mail: info@arssedia.de 


 

Consequences of revocation


In the case of an effective revocation, mutually received services are to be returned and any profits derived (e.g. interest) surrendered. Where you are unable to reimburse us either in total or partially for services received, or only in a deteriorated state, you are required to offer compensation of an equal value where appropriate. This does not apply in the case of the surrender of goods if the deterioration of the merchandise is traced back exclusively to its inspection in a manner which would be possible in a shop. Moreover, you can avoid the obligation to offer compensation of an equal value if you do not use the merchandise like your property and refrain from any actions which could impair its value. Items suitable for shipping should be returned. You should collect items not suitable for shipping in parcels. You shall bear the cost of returning the goods if the delivered goods correspond to those ordered and if the price of the merchandise to be returned does not exceed an amount of 150 euro or if, in the case of a higher price, you have not yet performed the return service or realised a contractually agreed partial payment at the time of revocation. Otherwise, the return delivery is free for you. Obligations to reimburse payments must be met ​​within 30 days after sending your declaration of revocation.


Special instructions


Your revocation right expires prematurely if your contractual partner has begun to provide the service with your express consent before the end of the revocation period or you have initiated this yourself (e.g. through a download, etc.).


Sample revocation form


 (Please fill out this form and send it back if you wish to revoke the contract.)

 


1. If the customer submits his/her own motif or otherwise influences the product (personalization of text), the customer shall assure arssedia that the text and motif are free of the rights of third parties. Any copyrights, personal rights or naming rights are borne completely by the customer in this case. The customer shall also offer an assurance that no other rights of third parties are infringed through the individualisation of the product.


2. The customer shall indemnify arssedia from all demands and claims which are made ​​due to the infringement of such third party rights, provided the customer is responsible for the breach of obligation. The customer shall reimburse arssedia for all defence costs and other damages.
 



We expressly reserve the right in performance of the contract to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents regarding material quality, colour, weight, dimensions, design or similar features, provided that this is reasonable for the customer.

Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

 

 


arssedia processes personal data of the customer for appropriate purposes and according to statutory provisions. Personal information specified for the purpose of ordering goods (e.g. name, e-mail address, address, payment data) is used by arssedia to fulfil and process the contract. This data is treated confidentially by arssedia and not passed on to third parties not involved in the ordering, delivery and payment procedures. The customer has the right to request receipt of free information about the personal data that arssedia has saved about him/her. In addition, he/she has the right to have inaccurate data corrected and to block and delete his/her personal data, insofar as there is no legal obligation to retain this data.


 


1. Place of performance for all deliveries is the registered office of arssedia in Leipzig.


2. Leipzig is the place of jurisdiction, insofar as the customer is a merchant according to the Commercial Code, a legal entity under public law or a special asset under public law. arssedia shall also be entitled in this case to sue the customer at its local court at arssedia’s discretion. The same applies where the customer has no general place of jurisdiction in Germany, has moved his/her place of domicile or habitual residence abroad or if his/her domicile or habitual residence is unknown when legal action is taken.


3. The contract according to these general terms and conditions of business and delivery is governed by the laws of the Federal Republic of Germany. The validity of the United Nations Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer pursuant to Sec. 13 BGB and has his/her habitual residence abroad, mandatory provisions of this state remain unaffected.


4. Should any of these general terms and conditions of business and delivery be ineffective or contradict legal regulations, this shall not affect the remainder of the contract.

 

Stand 06/2015

 

 

Widerufsformular.pdf