Terms and Conditions

General terms and conditions of business

1 Validity, definitions of terms

(1) ART BRÜT Boutique GmbH • Graefestrasse 90 • 10967 Berlin, Germany (hereinafter: "we" or "ART BRÜT Boutique") operates an online shop for goods on the website https://artbruet.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.

2 Conclusion of contracts, storage of the contract text

(1) The following provisions on the conclusion of the contract apply to orders via our online shop at https://artbruet.com.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) The contract language shall be exclusively German.

(4) When an order is received in our online shop, the following rules apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

selection of the desired goods,
Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
Checking the information in the shopping cart,
Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
Complete the order by clicking on the "Buy now" button. This represents your binding order.
The contract is concluded when you receive an order confirmation from us within three working days at the specified e-mail address, or when the goods are delivered.
If an item is not available, it will be delivered to you as soon as possible. If a subsequent or replacement delivery is not possible, we are entitled to withdraw from the contract and will inform you immediately of the unavailability and refund any consideration you have already paid.

(5) In case of conclusion of the contract, the contract is concluded with ART BRÜT Boutique GmbH • Graefestrasse 90 • 10967 Berlin Germany.

(6) Before ordering, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place by email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.

(7) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by prematurely aborting the order process, closing the browser window and repeating the process.

(8) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

3 Protection of minors

(1) By placing your order at ART BRÜT Boutique GmbH you confirm that you are at least 18 years old.

(2) The customer is obliged to ensure that only he himself or adults authorized by him to accept the delivery accept the delivery of the goods. Upon delivery, the commissioned logistics service provider is entitled to request proof of age.

(3) If orders are placed by persons under the age of 18, the ART BRÜT Boutique GmbH hereby terminates the contract as a precautionary measure in accordance with Section 109 of the German Civil Code (BGB). Adults who are responsible for or represent minors who place orders using false information are liable in accordance with the statutory provisions for all damages resulting from orders placed using false information.

4 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

The sale of goods. The specific goods offered can be found on our product pages.

(2) The essential characteristics of the goods can be found in the item description.

(3) The sale of digital products is subject to the restrictions set out in the product description or otherwise arising from the circumstances, in particular regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

5 Prices, shipping costs and delivery

(1) The prices and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products unless the respective article is stated as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(4) All products offered are ready for dispatch, unless clearly stated otherwise in the product description (delivery time: delivery takes place within 2 – 7 working days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery takes place to the following countries: GERMANY.

6 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

7 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

8 Liability

Our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.

9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods shall be 12 months.

(3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon contract fulfilment and to report any complaints to us and the freight forwarder as soon as possible. If you do not do this, this will of course have no effect on your statutory warranty claims.

10 Other

The colors of the products shown on the Internet may differ slightly from the original for various reasons (lighting conditions during photography, monitor settings, quality of the graphics card, etc.).

11 Final Provisions

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) 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.

Questions about the Terms of Service should be sent to us at hello@artbruet.com.