Terms and Conditions

 

The purchase contract is concluded with Lisa Schwiesselmann and Sabine Welz GbR.

 

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage
The languages available for the conclusion of the contract are: German, English, French. We do not store the contract text.

4. Subject matter of the contract

4.1 Product description
The validity of the respective product description as an essential part of the contract is noted.

4.2 Right of use
Sketches, drafts, preliminary products etc. created by us for the fulfillment of the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of order fulfillment to the extent contractually agreed.

5. Delivery conditions

Delivery options
We ship the products to the delivery address specified in the order process. You generally have the option of picking up at ART-DOMINO YOUR WORLD IN POP ART, Tauentzienstrasse 9-12, 10789 Berlin, Germany during the following business hours: Monday to Saturday 11 a.m. to 7 p.m.

6. Payment

6.1 Prices
The prices stated at the time of the order apply. These are total prices and include the statutory value added tax.

6.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date results from the following payment conditions.

For customers based in Germany and Austria:

• For consumers: In the event of payment default, we reserve the right to charge you a fee of 1.50 Euros per reminder for the second and every subsequent reminder. You reserve the right to prove that less damage has occurred. Further claims remain unaffected.
• For entrepreneurs: In the event of payment default, we reserve the right to charge you statutory default interest of nine percentage points above the base rate and a lump sum of 40 Euros. Further claims remain unaffected.

For customers based in Switzerland:

• For consumers: In the event of payment default, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and every subsequent reminder. You reserve the right to prove that less damage has occurred. Further claims remain unaffected.
• For entrepreneurs: In the event of payment default, we reserve the right to charge you default interest of nine percentage points above the ECB base rate and a lump sum of CHF 40. Further claims remain unaffected.

6.3 Payment methods

In our shop, you generally have the payment methods displayed at the end of the ordering process at your disposal.

 

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. You will receive further information during the ordering process. PayPal may offer other payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these methods; other individually offered payment methods concern your legal relationship with PayPal. You can find more information about this in your PayPal account.

7. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

8. Retention of title
The product remains our property until full payment has been made.

For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

For entrepreneurs, the following also applies: We reserve ownership of the product until full settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale - irrespective of a connection or mixing of the reserved goods with a new item - are hereby assigned to us in advance up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities due to us at your request if the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Transport damage

For consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance company.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

10. Warranty and guarantees

10.1 Liability for defects

For consumers based in Germany and Austria:
The statutory liability for defects applies.

For consumers based in Switzerland:
You should, as soon as practicable in the ordinary course of business, examine the quality of the received item and, if defects appear for which the seller is liable, notify him immediately. If the consumer fails to do so, the purchased item is deemed approved, unless the defects were not recognizable during a customary examination. If such defects appear later, notification must be made immediately after discovery, otherwise the item is also deemed approved with regard to these defects.

Return the defective product to us with a description of the defect. You bear the transport costs incurred. We provide a warranty by remedying defects. This is done at our discretion either by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). If the supplementary performance fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to price reduction is excluded.

For entrepreneurs and between merchants:
Unless expressly agreed otherwise below, the statutory liability for defects applies. The following restrictions and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents 

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is open.

Restrictions for entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions that have been included in the contract apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note for merchants

Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give the notice regulated therein, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

10.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

11. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

12. Agreement on the use of Trusted Shops Buyer Protection
You can secure orders placed with us free of charge up to a certain order value via the buyer protection of Trusted Shops SE. In addition, Trusted Shops offers paid protection together with a guarantor. The Trusted Shops Buyer Protection conditions, which you can find here, apply. The buyer protection is concluded by clicking on the appropriately labeled button on the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been placed. If you are already registered for buyer protection, your order will be automatically secured (automatic buyer protection) without you having to click the button. In order to be able to offer you the (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

13. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.