General Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Information Obligations of the Client
4. Right to Cancel
5. Prices and Terms of Payment
6. Delivery & Shipping Conditions
7. Reservation of Proprietary Rights
8. Liability for Defects
9. Data Protection
10. Applicable Law
11. Severability Clause

§1 Scope of Application

1.1          These Terms and Conditions of the company Ausgefuchst Art (hereinafter referred to as "Seller”) shall apply to all contracts a consumer or a trader (hereinafter referred to as "Client") concludes with the Seller related to the seller's goods and/or services presented by the Seller on the electronic platform Shopify (hereinafter referred to as "Online Shop”). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2          A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

§2 Conclusion of the Contract

2.1          When placing an item in the Online Shop the Seller shall make a binding offer to the interested party for the sale of this item.

2.2          The Client can accept the Seller’s offer via the online order form in the Online Shop. In doing so, the Client has to place the selected item in the virtual shopping basket and subsequently he has to go through the specified ordering steps. By clicking on the button finalizing the order process, the Client declares the acceptance of the offer, whereby a contract comes into effect regarding the item previously selected by the Client. The Seller reserves the right to cancel an order placed by a Client if there are reasons that do not allow the contract to be fulfilled to a reasonable extent (e.g. in the event of missing materials, in the absence of the possibility to ship the order economically, or the like).

2.3          The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information in text form (for example via e-mail, fax or letter) after conclusion of the contract. Any further provision of the contract text by the Seller himself does not take place.

2.4          The Client can correct all the data entered via the technical means provided in the Online Shop prior to submitting his order. Corrections can be made directly in the respective input fields of the online shop via the usual keyboard and mouse function.

2.5          The binding language for the conclusion of the contract is German.

§3 Information Obligations of the Client

3.1          The Client is obliged to only provide truthful information when registering or placing an order. The Client must notify the Seller of any changes to important data (e.g. name, address or email address) during an ongoing order, otherwise not later than with the next order.

3.2          If incorrect data is communicated, this entitles the Seller to withdraw from contracts that have already been concluded and to block a possibly created user account of the Client. Any costs incurred due to incorrect information will be passed on to the Client (e.g. in the event of a failed delivery or re-dispatch of an order).

3.3          The Client must ensure that the email address he has provided exists and can be reached. If emails are not received due to problems such as mail account’s closing / abandonment, overcrowding or other technical problems, the Seller cannot be held liable for any consequences resulting therefrom.

3.4          The Client can set up an account for future orders during the order process. A password is required to access this account. The Client must treat this password confidentially and not make it accessible to third parties. The Seller assumes no liability for damage resulting from misuse of the password for which the Client is responsible.

§4 Right to Cancel

4.1          Clients generally have the right of withdrawal.

4.2          Certain product categories, such as personalised items or made-to-order clothing, are excluded from the right of withdrawal, returns, and refunds.

4.3          The right of withdrawal does not apply to Clients who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4.4          More detailed information on the right of cancellation can be found in the seller's refund policy.

§5 Prices and Terms of Payment

5.1          The prices given are total prices including german sales tax. Unless otherwise indicated, additional delivery or shipping costs are incurred, the amount of which can be found in the shipping information.

5.2          In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Client. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

5.3          The payment options are communicated to the Client in the Seller’s offer in the Online Shop during the ordering process.

5.4          When paying using a payment method offered by the payment service "Shopify Payments", payment is processed via Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter "Shopify"). Shopify enables the Client to use various payment methods as part of payment processing via Shopify Payments. Shopify can use third party payment services to process payments. The specific payment method(s) available for the respective goods is / are displayed to the customer in the respective offer of the Seller or as part of the order processing. The payment methods actually available within an order may vary.

5.5          In the case of payment processing via Shopify Payments, the Client is entitled to debit the respective transaction or with regular debits in accordance with the applicable legal provisions and those of Visa Europe Ltd., Visa USA, Inc., Visa Canada Inc. and Visa International (together "Visa"), MasterCard International Incorporated (“MasterCard”), American Express, or any other relevant card network (the “Network Rules”).
Further information on and the Terms of Use of Shopify Payments can be found here: https://www.shopify.de/legal/terms-payments-de

5.6          If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This assumes, among other things, that the Client creates a PayPal account or already has such an account.

§6 Delivery & Shipping Conditions

6.1          The delivery of goods takes place via delivery to the delivery address specified by the Client, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing is decisive.

6.2          If the delivery of the goods fails for reasons for which the Client is responsible, the Client shall bear the reasonable costs incurred by the Seller. This does not apply with regard to the shipping costs if the Client effectively exercises his right of withdrawal. For the return costs, if the Client exercises his right of withdrawal, the provisions made in the Seller's instructions for cancellation apply.

§7 Reservation of Proprietary Rights

The Seller retains ownership of the purchase item until the purchase price has been paid in full.

§8 Liability for Defects

8.1          Should the object of purchase be deficient, the statutory provisions shall apply.

8.2          If the Client acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

§9 Data Protection

Information on data protection can be found in the Privacy Policy.

§10 Applicable Law

10.1       The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Clients, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Client has his habitual residence.

10.2       If the Client is a business person, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

10.3        Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to Clients who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

§11 Severability Clause

Should individual provisions of these general terms and conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining conditions remains unaffected.