GTC for the online shop of Coron.Art – Owner: Julia Wasmuth

1. General Information

1.1. The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter referred to as CUSTOMER) via the online shop of Coron.art – owner: Coron.Art – Inh.: Julia Wasmuth, Klosterstern 5, 20149 Hamburg  (hereinafter referred to as SELLER) under the domain www.coron-art.de.

1.2. These GTC contain special provisions for customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code) (hereinafter: ENTREPRENEUR). These special clauses for business transactions are marked by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of § 13 BGB.

1.3. The SELLER does not accept any deviating general terms and conditions of the customer, unless the SELLER has expressly agreed to them in writing.

2. Conclusion of Contract

2.1. The CUSTOMER can add the desired articles or products to the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process the CUSTOMER must enter the necessary contact data for shipping and payment and complete the order by clicking the button “Send Order”.

2.2. The CUSTOMER can correct input errors, in particular articles or products placed in the shopping cart by mistake, by entering the desired quantity in the shopping cart and by using the available buttons. Within the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser’s “forward” and “back” buttons.

2.3. The presentation of the products in the SELLER’s online shop is merely a non-binding invitation to the CUSTOMER to order. Only by placing an order, the CUSTOMER makes a binding offer to conclude a contract for the articles or products contained in the shopping cart. Immediately, the SELLER will automatically confirm the receipt of the order by e-mail. The automated order confirmation of the shop system does not constitute a contractual relationship. The SELLER will accept the CUSTOMER’s offer after checking the stock of goods by separate declaration of acceptance by e-mail or by sending the goods within a period of 5 days or 3 working days after the order. Only with this separate declaration of acceptance or with receipt of the goods within the aforementioned period of time the act of sales concludes. The invoicing is equivalent to a declaration of acceptance.

2.4. The act of sale is concluded with Coron.Art – Inh.: Julia Wasmuth, Klosterstern 5, 20149 Hamburg.

2.5. Contract language is German.

3. Storage of text of the contract

The text of the contract is stored by the SELLER. The order data is sent to the CUSTOMER separately in text form (e-mail). The GTC can also be called up and printed out in the online shop.

4. Right of revocation

If you are a consumer, you have a legal right of revocation, so that you can revoke your contractual declaration in accordance with the following instructions:

4.1 Cancellation policy, for the delivery of digital content that is not delivered on physical data carriers:

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must inform us (Coron.Art – Inh.: Julia Wasmuth, Klosterstern 5, 20149 Hamburg, E-Mail: hello@coron-art.de) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back)

To :
Coron.Art – Inh.: Julia Wasmuth, Klosterstern 5, 20149 Hamburg

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_____________________________________________________

Ordered on (*)/received on (*)

__________________

Name of the consumer(s)

_____________________________________________________

Address of the consumer(s)

_____________________________________________________

Signature of the consumer(s) (only in case of communication on paper)

__________________

Date

__________________

(*) Delete as applicable.

Notes on the expiry of the right of withdrawal

In the following cases, the statutory right of revocation may lapse:

According to § 356 para. 5 BGB for contracts for the delivery of digital content not on a physical data carrier, if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the entrepreneur will start to execute the contract before the end of the withdrawal period and the consumer has confirmed his knowledge that he loses his right of withdrawal by giving his consent when the execution of the contract starts.

In these cases, the statutory right of revocation to which the consumer is initially entitled (within the meaning of § 13 BGB) expires.

Consumers are generally entitled to a statutory right of revocation. The legal regulations concerning any existing right of revocation are contained exclusively in the revocation instruction, which can be called up by the CUSTOMER during the ordering process.

5. Prices and shipping costs

5.1. The prices valid on the day of the order shall apply, as displayed in the online shop.

5.2. The prices displayed in the online shop are indicated in Euro.  According to § 19 para. 1 UstG the SELLER is not obliged to show sales tax.

5.3. When purchasing digital contents, no shipping costs are incurred for the delivery of the digital contents.

6. Terms of payment

6.1. The SELLER only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER chooses his preferred method of payment from the available payment methods.

6.2. If a delivery is made against payment by credit card, the CUSTOMER authorizes the credit card company to charge the full invoice amount including delivery and shipping costs when due. In this case, the debit will be initiated with the order confirmation.

6.3. If a payment is made via PayPal, the CUSTOMER must have a PayPal account and identify himself with his access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER.

6.4. CUSTOMERS who are ENTREPRENEURS within the meaning of § 14 BGB (German Civil Code) are only entitled to set-off rights if the counterclaims have been legally established, are undisputed or acknowledged by the SELLER or if the opposing claims are based on the same legal relationship. This prohibition of set-off shall not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

7. Terms of Delivery and Shipping – Information on the Calculation of the Delivery Date

7.1. The delivery of digital contents is carried out by sending a download link or by attachment in an e-mail.

7.2. The link is attached in the order confirmation, which is sent immediately after receipt of the order.

7.3. The delivery time indicated on the article or product page begins with payment in advance on the working day after the payment order of the CUSTOMER to the transferring bank, or with all other payment methods on the working day after the day of the conclusion of the contract.

7.4. The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer upon delivery to the entrepreneur himself or to a person authorized to receive the goods, in case of sale to destination already upon delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the consumer upon delivery of the goods to the consumer in accordance with § 446 BGB. With regard to the transfer of risk, it is equivalent to the handover if the CUSTOMER is in default of acceptance.

7.5. Orders and deliveries are only offered in and to Germany.

7.6. The SELLER will inform the CUSTOMER immediately in case of delays in delivery.

8. Retention of title

8.1. The SELLER reserves the right of ownership of the sold goods until the purchase price has been paid in full.

8.2. The goods under retention of title may not be pledged by the CUSTOMER to third parties or transferred by way of security before full payment of the secured claims. The CUSTOMER shall immediately notify the SELLER in writing if and to the extent that third parties have access to the SELLER’s goods.

8.3. If the CUSTOMER acts contrary to the contract, especially if the purchase price due is not paid, the SELLER is entitled to withdraw from the contract according to the legal regulations and to demand the goods back on the basis of the reservation of title and the withdrawal. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER was previously set a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.

9. Warranty / Liability for defects / Duty to give notice of defects

9.1. The rights in the event of defects in the object of purchase shall be governed by the statutory provisions.

9.2. Claims for defects by COMPANIES who are merchants within the meaning of the German Commercial Code (HGB) shall require that they have duly fulfilled their obligations to inspect and give notice of defects in text form within 14 calendar days of receipt of the goods in accordance with § 377 HGB. This obligation to give notice of defects shall not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

9.3. The limitation period for claims for defects by COMPANIES shall be 12 months, calculated from the transfer of risk to the COMPANY. This reduction of the warranty period shall not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

10. Liability

10.1. The CUSTOMER’s claims for damages or reimbursement of futile expenses against the SELLER shall be governed by these provisions outside the warranty law, irrespective of the legal nature of the claim.

10.2. The SELLER’s liability is excluded – irrespective of the legal grounds – unless the cause of damage is based on intent and/or gross negligence of the SELLER, its employees, its representatives or its vicarious agents. As far as the SELLER’s liability is excluded or limited, this also applies to the personal liability of the SELLER’s employees, representatives or vicarious agents. The SELLER’s liability according to the Product Liability Act remains unaffected (§ 14 ProdHG).

10.3. The SELLER shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.

10.4. If the SELLER at least negligently violates an essential contractual obligation, i.e. an obligation, the observance of which is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability is limited to the typically arising damage, i.e. to such damage, the occurrence of which must typically be expected within the scope of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment is essential for the proper execution of this contract and on whose compliance the CUSTOMER regularly relies and may rely.

11. Data storage and data protection

Only the data protection regulations of the data protection declaration on the internet page www.coron-art.de apply.

12. Final provisions

12.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

12.2. In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12.3. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the SELLER’s place of business in 20149 Hamburg.

12.4. The same shall apply if the CUSTOMER is a businessman and has no general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is filed. The SELLER’s authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.