GENERAL TERMS AND CONDITIONS

AGB - General Terms and Conditions

Contractual terms and conditions within the framework of purchase contracts concluded via the platform www.mariamoretti.com between Atelier Maria Moretti, hereinafter referred to as: Supplier, and the customers referred to in § 2 of the contract, hereinafter referred to as: Customer.

§ 1 Scope of application, definitions

(1) The following General Terms and Conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

(1) The customer can select products from the provider's range, in particular paintings by the artist Maria Moretti, and collect them in a so-called shopping cart using the "Add to cart" button. By clicking on the "Send order" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues the declaration of acceptance, which is sent in a separate e-mail (order confirmation).

§ 3 Delivery, availability of goods

(1) The delivery time is approx. 14 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.

§ 4 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value of EUR 200, the supplier delivers to the customer free of shipping costs.

(3) The goods are shipped by a forwarding agent. The shipping risk is borne by the supplier if the customer is a consumer.

§ 6 Payment modalities

(1) The customer can pay in advance by bank transfer or by Paypal payment.

(3) Payment of the purchase price is due within 7 days of conclusion of the contract; if the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the base interest rate.

(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

§ 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. The warranty obligation towards entrepreneurs for items delivered by the supplier is 12 months.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy Right of cancellation and cancellation policy

You may revoke your contractual declaration within 14 days without stating reasons in writing (e.g., letter, fax, email) and by returning the goods within 14 days. The period begins upon receipt of the goods. To comply with the revocation period, it is sufficient to send the revocation and the goods themselves in good time. Items returned after this period will not be accepted.

The revocation is to be sent to:

Maria Moretti, Hauptstrasse 52, 83075 Bad Feilnbach

info@mariamoretti.com

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the performance received and benefits (e.g. benefits of use) or only partially or only in a deteriorated condition, you must pay us compensation to this extent. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. The buyer must bear the regular costs of returning the goods. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.

Exclusion of the right of withdrawal

The right of revocation does not apply to contracts for the delivery of goods which are manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly. Commissioned works from existing paintings that are converted into a different format are also excluded from return. The deviation from the original can be 10-20% and will be accepted when the order is placed.

- End of the withdrawal policy -

A platform for out-of-court online dispute resolution (ODR platform) is provided by the European Commission. You can access this at www.ec.europa.eu/consumers/odr. The e-mail address can be found in the legal notice. I am neither obliged nor willing to participate in the dispute resolution procedure.

§ 10 Other information

In accordance with § 312d para. 4 no. 2 BGB, there is no right of withdrawal for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.

§ 11 Information on data processing

(1) The provider collects customer data as part of the processing of contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the provider shall not use the customer's data for the purposes of advertising, market or opinion research.

(3) The customer has the option of accessing, changing or deleting their stored data at any time by clicking on the "My data" button in their profile. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider's website via the "Data protection" button.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.