for the online shop at Monira-Art.de
from
Amelie Egenolf
Hohensteinstr. 19
88633 Heiligenberg
Telephone: +49 1515 0993349
Email: info@monira-art.de
(hereinafter: provider)
for the sale of products to and
(hereinafter: customers)
Scope
The sale of the provider’s products, which are offered via the online shop at the above URL, takes place exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time the contract is concluded.
These General Terms and Conditions apply exclusively. Terms and conditions of the customer that deviate from these General Terms and Conditions do not apply unless the provider and the customer have expressly agreed to this.
Unless otherwise agreed, these General Terms and Conditions also apply to the following contracts:
Provision of digital content
Delivery of tickets
Delivery of vouchers
Definition, limitation
The subject of the contract is – depending on the provider’s product description – the one-off delivery of goods and/or digital content.
Conclusion of contract
The offers on the provider’s website represent a non-binding invitation to the customer to order products (goods/services/digital content). By submitting the order (clicking on the “buy now” button) on the provider’s website, the customer is making a binding offer to conclude a contract.
Confirmation of receipt of the order follows immediately after sending the order and does not generally constitute acceptance of the contract. The provider can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email). , whereby the receipt of the order confirmation by the customer is decisive, or by the provider delivering the ordered goods, whereby the receipt of the goods by the customer is decisive, or by the provider asking the customer to pay after placing the order. If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this is considered a rejection with the result that the customer is no longer bound by his declaration of intent.
When selling digital content that is not delivered on a physical data carrier, the contract is accepted without a prior confirmation email, contrary to the previous paragraph. Acceptance can be declared by the provider within five days by sending a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive or by the provider allowing the customer to download the digital content or by the provider asking the customer to pay after placing the order. If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this is considered a rejection with the result that the customer is no longer bound by his declaration of intent.
When submitting an offer via the provider’s online order form, the contract text is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) along with these General Terms and Conditions after the order has been sent.
Before bindingly submitting the order via the provider’s online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
The German and English languages are available for concluding the contract.
Special provisions for the sale of digital content
Digital content within the meaning of these General Terms and Conditions is data that is created and provided in digital form.
The subject of the contract when providing digital content is the transfer of a simple right of use to the digital content, unrestricted in time and space. The customer is not entitled to physically or electronically reproduce the digital content provided and/or to pass on copies to third parties. Unless otherwise agreed, the digital content is provided exclusively for private use, so commercial use is not permitted without express permission. The transfer of usage rights only takes place once the contractually owed remuneration has been paid in full. If the provider makes the digital content available to the customer before this point in time, this is not to be viewed as an implied transfer of usage rights.
Special provision for the sale of tickets
Tickets within the meaning of these General Terms and Conditions are the guaranteed right to use a service – specifically an event.
The provider only owes the sale of tickets for certain events specified in the provider’s item description, but not the implementation of these events. For the implementation of the events, only the legal provisions in the relationship between the participant and the organizer as well as any deviating conditions of the organizer apply.
Special conditions for processing goods according to specific customer specifications
If, according to the content of the contract, the provider is obliged not only to deliver the goods but also to process the goods according to the customer’s specific specifications, the customer must provide the provider with all the content required for processing, such as texts, images or graphics in the specified file formats, formatting, image format. and file sizes and to grant him the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.
The customer releases the provider from claims that third parties may assert against the provider in connection with a violation of their rights through the provider’s contractual use of the customer’s content. The customer also assumes the necessary legal defense costs, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the provider immediately, truthfully and completely with all information required to examine the claims and defend them.
The provider reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the provision of content that is unconstitutional, racist, discriminatory, offensive, harmful to minors and/or content that glorifies violence.
Redeeming promotional vouchers
Vouchers that are issued free of charge by the provider as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed on the provider’s website under the relevant conditions.
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods provided by the provider to pay the difference.
The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
The promotional voucher is transferable. The provider can make payments with discharging effect to the respective holder who redeems the promotional voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.
Redemption of gift vouchers
Vouchers that can be purchased via the provider’s website (hereinafter “gift vouchers”) can only be redeemed on the provider’s website, unless the voucher states otherwise.
Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
If the value of the gift voucher is not sufficient to cover the order, you can choose another payment method provided by the provider to pay the difference.
The gift voucher is transferable. The provider can make payments with discharging effect to the respective holder who redeems the gift voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.
Payment
The prices listed on the provider’s website at the time of ordering apply. All prices include VAT and plus the shipping costs listed.
The payment methods listed on the provider’s website are available.
If the customer defaults on payment, the provider is entitled to demand payment above the base interest rate of the European Central Bank. In the event that the provider claims further damages due to delay, the customer has the opportunity to prove that the claimed damages due to delay were not incurred at all or were incurred to a lesser extent.
Retention of title
Delivery
The delivery times can be found on the provider’s website. The provider points out any different delivery times on the respective product page. The start of the delivery time specified by the provider requires the timely and proper fulfillment of the customer’s obligations, in particular the correct delivery address as part of the order.
If goods are delivered by a freight forwarder, delivery will be made “free curbside” – that is, to the public curbside closest to the delivery address – unless otherwise agreed.
If the provider makes the goods available for collection free of shipping costs, the customer can collect the ordered goods within the business hours specified by the provider at the address specified by the provider.
Vouchers are provided to the customer as follows:
via download
by email
by post
Tickets are provided to the customer as follows:
via download
by email
by post
Digital content is provided to the customer as follows:
via download
by email
via direct access via the entrepreneur’s website
Gewährleistung
Statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
The liability limitations and shortening of deadlines regulated above do not apply
for claims for damages and reimbursement of expenses by the customer
in the event that the provider has fraudulently concealed the defect
for goods that have been used for a building in accordance with their normal use and have caused its defects
for any obligation of the provider to provide updates for digital products
Liability
Der Anbieter haftet dem Kunden aus allen vertraglichen, vertragsähnlichen und gesetzlichen, auch deliktischen Ansprüchen auf Schadens- und Aufwendungsersatz wie folgt:
- Der Anbieter haftet aus jedem Rechtsgrund uneingeschränkt bei Vorsatz oder grober Fahrlässigkeit, bei vorsätzlicher oder fahrlässiger Verletzung des Lebens, des Körpers oder der Gesundheit, aufgrund eines Garantieversprechens, soweit diesbezüglich nichts Anderes geregelt ist oder aufgrund zwingender Haftung wie etwa nach dem Produkthaftungsgesetz.
- Verletzt der Anbieter fahrlässig eine wesentliche Vertragspflicht, ist die Haftung auf den vertragstypischen, vorhersehbaren Schaden begrenzt, sofern nicht gemäß vorstehender Ziffer unbeschränkt gehaftet wird. Wesentliche Vertragspflichten sind Pflichten, die der Vertrag dem Anbieter nach seinem Inhalt zur Erreichung des Vertragszwecks auferlegt, deren Erfüllung die ordnungsgemäße Durchführung des Vertrags überhaupt erst ermöglicht und auf deren Einhaltung der Kunde regelmäßig vertrauen darf.
Im Übrigen ist eine Haftung des Anbieters ausgeschlossen.
Vorstehende Haftungsregelungen gelten auch im Hinblick auf die Haftung des Anbieters für seine Erfüllungsgehilfen und gesetzlichen Vertreter.
Der Kunde stellt den Anbieter von jeglichen Ansprüchen Dritter – einschließlich der Kosten für die Rechtsverteidigung in ihrer gesetzlichen Höhe – frei, die gegen die Anbieter aufgrund von rechts- oder vertragswidrigen Handlungen des Kunden geltend gemacht werden.
Information on online dispute resolution/consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to take part in a consumer dispute resolution procedure according to the VSBG.
Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider’s registered office is responsible, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The location of the provider can be found in the heading of these terms and conditions.
To the extent that any provision of this Agreement is or becomes invalidly unenforceable, the remaining provisions of this Agreement shall remain unaffected.
As of: May 1, 2024