Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Stefan Pella) via the website brainstorm-creative-arts.myshopify.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is contradicted.
(2) A consumer, within the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
We sell the goods partially or exclusively as a commission agent in our own name for the account of a third party, i.e., for a third party as the owner of the goods. Regardless of this, we are the contracting party with all rights and obligations.
(2) By placing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" (or similar designation) button and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done partially automatically via email. Therefore, you must ensure that the email address you have provided to us is correct, that the reception of emails is technically ensured, and in particular, not prevented by spam filters.
§ 3 Custom-designed goods
(1) You shall provide us with the suitable information, texts, or files required for the custom design of the goods via the online ordering system or by email immediately after the conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (especially copyrights, name rights, trademark rights) or violates existing laws. You explicitly indemnify us from all third-party claims asserted in this context. This also applies to the costs of necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment processing will be handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Provision of services for vouchers (voucher terms)
(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the imprint.
(2) Purchased vouchers entitle you to towards us within the validity period (validity period). Vouchers can only be redeemed in our online shop at brainstorm-creative-arts.myshopify.com or, if indicated, in our local store. The service description and the redemption conditions described therein at the time of purchase of the voucher apply.
(3) The validity period of the voucher is 3 years from purchase until the end of the calendar year, unless a different validity period is indicated in the respective offer.
(4) A prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed during the electronic ordering process on our website by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining credit remains on the voucher and can be used for further orders.
(5) Only one voucher can be redeemed per order.
(6) After the expiry of the withdrawal period or the termination of the right of withdrawal for consumers, no refund or exchange will be made. Payouts / partial payouts of voucher amounts are not possible. No interest is paid on voucher credit. In the event of exercising the statutory right of withdrawal for goods or services paid for with the voucher, the voucher amount included in the purchase price will only be credited as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.
(7) Transfer or assignment of the voucher is permitted.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery 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 will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 8 Choice of Law
(1) German law applies. 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 (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the seller
Stefan Pella
Nürnberger Str. 14
96114 Hirschaid
Germany
Phone: 015253068380
Email: kontakt@bc-arts.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction possibilities are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.
5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory Warranty Rights
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers specializing in IT law of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/