Terms of service
General Terms and Conditions
1 Scope of application, definitions
(1) ART BRÜT Boutique GmbH • Graefestrasse 90 • 10967 Berlin, Germany (hereinafter: “we” or “ART BRÜT Boutique”) operates an online store for goods under the website https://artbruet.com. The following General Terms and Conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An “entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.
2 Conclusion of contracts, storage of the contract text
(1) The following provisions for the conclusion of the contract apply to orders placed 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 exclusive contract language is German.
(4) When an order is received in our online shop, the following rules 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:
- Selecting the desired goods,
- adding the products by clicking on the appropriate button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- checking the information in the shopping cart,
- accessing the order overview by clicking on the appropriate button (e.g. “Proceed to checkout”, “Proceed to payment”, “View order” or similar),
- entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and the right of withdrawal,
- completing the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us at the e-mail address provided within three working days, 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 in this case about the non-availability and refund the consideration you have already provided.
(5) If a contract is concluded, the contract is concluded with ART BRÜT Boutique GmbH • Graefestrasse 90 • 10967 Berlin Germany.
(6) Before placing an order, the contract data can be printed or electronically saved using the browser's print function. 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 terms and conditions and the cancellation policy, is carried out by email after you have placed the order, partly automatically. We do not store 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 the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3 Protection of minors
(1) By placing an order with ART BRÜT Boutique GmbH, you confirm that you are 18 years of age or older.
(2) The customer is obliged to ensure that only he or she or persons of legal age authorized by him or her to accept the delivery accept the delivery of goods. When making the delivery, the contracted logistics service provider is entitled to demand proof of age.
(3) If persons who are not of legal age place orders, ART BRÜT Boutique GmbH hereby already as a precaution revokes the contract in accordance with § 109 BGB. The persons of legal age who are entitled to custody or representation for the minor who has ordered under false pretences shall be liable in accordance with the statutory provisions for all damages arising from the orders placed under false pretences.
4 Subject matter of the contract and essential characteristics of the products
(1) The subject of the contract for our online shop is:
- The sale of goods. You can find the specific goods offered on our product pages.
(2) The essential characteristics of the goods can be found in the product description.
(3) The sale of digital products is subject to the restrictions stated in the product description or otherwise apparent from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless otherwise expressly agreed, the subject matter of the contract is only the private and commercial use of the products without the right of resale or sublicense.
5 Prices, shipping costs and delivery
(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to 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 stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown to be free of shipping costs. The shipping costs will be clearly indicated to you again on the offers, in the shopping cart system if applicable, and on the order overview.
(4) All products offered are ready for shipment (delivery time: delivery within 2 – 7 working days after receipt of payment), unless otherwise clearly indicated in the product description.
(5) The following delivery area restrictions apply: Delivery is made to the following countries: GERMANY.
6 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims arise 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 based on our instructions on withdrawal.
8 Liability
Our liability for contractual breaches of duty and for unlawful acts is limited to intent or gross negligence.
9 Warranty
(1) The warranty is based on the statutory provisions.
(2) The warranty period for delivered goods to companies is 12 months.
(3) As a consumer, you are asked to check the goods 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. If you do not comply, this will of course have no effect on your statutory warranty claims.
10 Miscellaneous
The colors of the products shown on the Internet may differ slightly from the original for various reasons (lighting conditions when taking the picture, monitor settings, quality of the graphics card, etc.).
11 Final provisions
(1) German law shall apply. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The provisions of the UN Sales Convention 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 the contractual relationship between the customer and the provider shall be the registered office of the provider.
Questions about the Terms of Service should be sent to us at hello@artbruet.com.