Terms and Conditions (T&Cs)
General terms and conditions for the offer, use and business transactions on www.artbruet.com and all subdomains belonging to this domain.
(1) Contracting party for all orders placed via the online shop under the above domain is:
ART BRÜT Boutique GmbH
Managing Director: Daniel Matousek
Graefestraße 90
10967 Berlin
Germany
(hereinafter: “we” or “ART BRÜT Boutique”)
ART BRÜT Boutique GmbH operates an online shop for goods at 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.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a legal partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership capable of acquiring rights and incurring obligations.
(3) We point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The processing of personal data is governed by a separate privacy policy, which can be accessed here.
(1) The following provisions on the conclusion of contracts apply to orders via our online shop at https://artbruet.com.
(2) Our product representations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) The contract language available is German only.
(4) Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
1. Selection of the desired goods,
2. Adding the products by clicking the corresponding button,
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking the corresponding button,
5. Entering/checking address and contact details, selecting payment method, confirming the T&Cs and cancellation policy,
6. Completing the order by clicking the “Buy now” button. This constitutes your binding order.
7. We confirm receipt of the order after the binding order by means of an order confirmation e-mail. This e-mail does not yet constitute a binding acceptance of the offer; it merely informs you that the order has been transmitted.
8. A binding contract is concluded upon shipment of the goods. You will be informed of the shipment by a further dispatch confirmation e-mail.
9. 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 and will inform you immediately about the unavailability and refund any payments you have already made.
(5) Before ordering, contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the T&Cs and the cancellation policy, is carried out by e-mail after you have placed the order, partly automated. We do not store the contract text after conclusion of the contract.
(6) 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 aborting the ordering process early, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automated by e-mail. You must therefore ensure that the e-mail address you provided to us is correct, that the receipt of e-mails is technically ensured and in particular not prevented by spam filters.
(1) By registering and agreeing to these T&Cs you may create a customer account with us. You must be of legal age to do so. There is no entitlement to a customer account.
(2) When registering you provide your name and address. Confirmation of registration follows immediately after submission of the registration.
(3) You are obliged to keep your registration data up to date and to update it in case of changes. You are responsible for providing truthful and complete information when entering your personal data required for registration. You are also obliged to keep your personal access data confidential and not to make it available to any unauthorized third party.
(4) Your customer account may only be used by you personally and is not transferable.
(5) We are not obliged to accept a registration or the order of a registered customer. We are also not obliged to keep our offer permanently available. Orders already confirmed remain unaffected.
(6) The customer account entitles you exclusively to use our online shop for your own non-commercial purposes. You are not entitled to maintain multiple customer accounts simultaneously. We reserve the right to delete multiple registrations and to warn or terminate customers who violate the aforementioned provisions or to delete or modify content.
(1) By placing an order with ART BRÜT Boutique GmbH you confirm that you are at least 18 years of age.
(2) The customer is obliged to ensure that only they themselves or adult persons authorized by them to receive the delivery accept the delivery of the goods. Upon delivery, the contracted logistics service provider is entitled to request proof of age.
(3) If minors place orders, ART BRÜT Boutique GmbH hereby reserves the right to rescind the contract pursuant to § 109 BGB. The adults legally responsible or authorized to represent the minor who ordered under false information are liable under statutory provisions for all damages arising from orders placed under false information.
(1) The subject matter of the contract in our online shop is the sale of goods. The specifically offered goods can be found on our product pages.
(2) The essential characteristics of the goods are described in the product description.
(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 is payable before delivery of the product (prepayment), unless we explicitly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as shipping-free. Shipping costs will be clearly shown to you again in the offers, where applicable in the shopping cart system and on the order overview.
(4) All offered products are, unless explicitly stated otherwise in the product description, ready for dispatch (delivery time: standard delivery times are between 2 to 4 business days within Germany and between 6 to 18 days within Europe - after payment has been received).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany & the countries of the European Union.
(1) You may exercise a right of retention only insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
As a consumer you have a right of withdrawal. Please refer to our cancellation policy for details, which contains a corresponding withdrawal form.
(1) For damages other than those resulting from injury to life, body or health, we and our legal representatives and vicarious agents shall be liable only insofar as such damages are based on intentional or grossly negligent conduct or on the culpable breach of a material contractual obligation. Material contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on compliance with which you may regularly rely.
(2) Any further liability for damages is excluded. This does not affect claims under a guarantee assumed by us for the condition of the goods or under the German Product Liability Act. In the event of a breach of material contractual obligations we shall be liable in the case of simple negligence only for typical contractual, foreseeable damages, unless claims for damages arise from injury to life, body or health.
(1) Warranty is governed by statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months. For consumers, the statutory warranty periods apply.
(3) As a consumer, you are asked to check the item immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall of course have no effect on your statutory warranty claims.
The colors of the products shown on the Internet may differ slightly from the original for various reasons (lighting conditions during photography, monitor settings, graphics card quality, etc.).
(1) German law shall apply. For consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do 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 shall be the provider’s registered office.
If you have any questions regarding these terms and conditions, please contact us at hello@artbruet.com
