Terms and Conditions (GTC)
§ 1 Scope, customer information
The following general terms and conditions (GTC) regulate the contractual relationship between art4barth GmbH & Co. KG, Lange Str. 15, 18356 Barth and the consumers and entrepreneurs who buy goods through our shop. Conditions that contradict or deviate from our terms and conditions are not recognized by us. The contract language is German.
§ 2 conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to buy goods.
(2) You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and requests with regard to the method of payment, delivery modalities, etc. Only when you click on the order button do you submit a binding offer to conclude a purchase contract.
(3) We are entitled to accept the offer submitted via the Internet within 3 working days by sending an order confirmation by email. If the deadline specified in sentence 1 has expired without success, your offer is deemed to have been rejected, ie you are no longer bound by your offer. If you order by telephone, the purchase contract is concluded if your offer is accepted by us immediately. If the offer is not accepted immediately, you are no longer bound by it.
§ 3 Customer information: Storage of the contract text
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be saved by us. However, you cannot access your past orders over the Internet. We will send you the terms and conditions, but you can also access them at any time via our website. If you would like to save the product description on our shop page for your own purposes, you can, for example, take a screenshot at the time of ordering or, alternatively, print out the entire page.
§ 4 Customer information: Correction note
You can correct your entries at any time before submitting the order with the delete button. We will inform you about further correction options on the way through the ordering process. You can also completely end the ordering process at any time by closing the browser window. Please note that we cannot deliver dietary supplements/Vitamins/Capsuls to European Union.
§ 5 Statutory warranty rights and statute of limitations
(1) Statutory warranty rights
There are statutory warranty rights for our goods.
(2) Restriction of warranty rights (warranty) vis-à-vis consumers for used goods
There are two deadlines for your claims for defects, both of which run from the delivery of the used goods to you.
We are shortening the liability period for defects from two years to one year.
Defects that occur within this liability period can, however, be asserted up to the end of the statutory limitation period of two years.
Excluded from the shortening of the liability period are claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we may have assumed for the quality of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.
(3) Restriction of warranty rights (warranty) vis-à-vis entrepreneurs
Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims are excluded from this rule
– for damages
– due to fraudulently concealed defects
– from a possibly given guarantee
– on recourse according to §§ 445a, 478 BGB
– due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused its defectiveness.
For these excluded claims, the statutory limitation periods apply. In the case of a possibly given guarantee period, the longer period applies in favor of the buyer.
§ 6 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damage from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. One of the essential contractual obligations is, in particular, the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.
§ 7 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is Stralsund if you are a merchant.