General Terms and Conditions
Terms and conditions
Status: [20.09.2024]
These terms and conditions
(1) This website (www.carliesartspace.com) and/or the Services, including any associated mobile applications (collectively, the “Services”) and any offers and sales of products (“Products”) through the Site, are owned and operated by carlies artspace (Sole Proprietorship). These Terms and Conditions set forth the terms and conditions under which visitors or users may visit the Site and/or use the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any products. These Terms tell you who we are, how we sell products to you, how you can cancel the contract of sale and what you can do if you have a problem.
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(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have your parent's or legal guardian's permission to use the Services or purchase Products.
Purchase of products
(1) The purchase of Products is subject to the terms and conditions applicable at the time.
(2) If you purchase a Product: (i) you are responsible for reading the Product description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the “Place Order” or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.
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(3) You can select products from our product selection and add them to your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products that you have already purchased. During checkout, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the main features of each product as well as the total price for all products, the applicable value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. When you click on the “Place order” button, you place a binding order to purchase the products listed at the price and shipping costs indicated. To complete the order process by clicking the “Order with costs” button, you must first accept these terms and conditions as legally binding for your order by ticking the corresponding box.
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(4) We will then send you a confirmation of receipt for your order by e-mail, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that we have received your order. It does not indicate that we have accepted your order.
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(5) The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. By placing an order via the online store, you are making a binding offer to conclude a purchase agreement. The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or dispatch the products to you. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above by clicking the “Order with costs” button.
(6) The purchase contract can be concluded in [German and English]. After conclusion of the contract, the terms and conditions will be stored by us and you will no longer have access to them.
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Shipping
(1) All prices are quoted in euros and include shipping costs. Shipping costs are displayed during the ordering process and depend on the destination and the selected shipping method.(2) We ship throughout Germany and internationally. Delivery times may vary depending on the destination country. The estimated delivery time within Germany is 3-5 working days. Internationally, the delivery time may vary more. As a rule, the international delivery time is 7-14 working days. Customs duties and import taxes are not our responsibility and are to be paid by the buyer. We recommend that you inform yourself about possible fees before ordering.
(3) The shipping costs are displayed in the order process and depend on the destination and the selected shipping method.
(4) In the event of loss of an order that
(5) We endeavor to deliver on time. In the event of unforeseen delays, e.g. due to force majeure, we will inform you immediately. International orders can take up to 60 days. We ask for your patience. If shipping takes an unusually long time, please do not hesitate to contact us.
(6) It may be possible to collect the goods on site.
Right of withdrawal
You may cancel this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise your right of withdrawal, you must contact us at
carlies.artspace
of your decision to withdraw from this contract by an unequivocal statement (by e-mail).
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Consequences of revocation
If you withdraw from this contract, we will - without undue delay and in any event not later than 14 days after receipt of notification of your withdrawal - refund all payments already received from you, excluding delivery charges. We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such a refund. We may withhold the refund until we have received the goods back.
Conditions
The product whose purchase is to be canceled must be returned in its original condition, new and unused. If this condition is not met, we reserve the right to refuse a return and retain the costs. In this case, the buyer would have to bear the costs of reshipment to the buyer.
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Liability for defects
If a product arrives damaged (e.g. due to transportation damage), a complaint must be made to the deliverer. Please inform us of this (photo by e-mail) so that claims for defects can be asserted. If the customer does not comply with this, there is no claim.
Return costs
The delivery costs for a return shipment must be borne by the buyer.
Withdrawal form
You can (but do not have to) use the following withdrawal form.
(Complete and return this form only if you wish to cancel the contract)
- To ([Carolin Liebeck, Humboldtstraße 44, 28203 Bremen]), e-mail address: [hello@carliesartspace.com]
- I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following services
- Ordered on (*)/received on (*)
- Name of the customer
- Signature of the customer (only if this form is sent in paper form)
- Date
_______________
(*) Delete as appropriate.
Warranty for products
We are liable under the statutory warranty provisions for defects in quality and/or title of the products you purchase from us.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers may be available for our products from time to time (“Offers”). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
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Permitted use
(1) Our services are made available to you for information purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.
Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: “our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, the rights are granted to you as set out in relation to such content on the Site.
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Disclaimer of warranty for the use of the Site and the Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided “as is” and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the “Warranty for Products” section above remains unaffected.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.
Limitation of liability
(1) We shall only be liable in cases of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation, and only in the case of fee-based services or the sale of products. A “material contractual obligation” means an obligation the fulfillment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
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​(2) Die vorstehenden Bestimmungen gelten für unsere vertragliche (einschließlich der Haftung für vergebliche Aufwendungen) und außervertragliche Haftung (einschließlich der Haftung aus unerlaubter Handlung) sowie für die Haftung aus Geschäften vor Vertragsschluss (culpa in contrahendo). Sie gelten auch zugunsten unserer Geschäftsführer, leitenden Angestellten oder sonstigen gesetzlichen Vertreter, Angestellten und Erfüllungsgehilfen.
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Änderung der Bedingungen und der Dienste; Einstellung
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We reserve the right to change these Terms from time to time, at our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any event during the checkout process when you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time in advance. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we will have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force.
We may change the Services, stop providing the Services or one or more functions of the Services offered or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily - without giving reasons and without further obligations. We will inform you in good time in advance if this is possible under the given circumstances and take your legitimate interests into account appropriately in such measures.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have included links to other sites does not imply that we endorse their ownership or content.
Applicable law
(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
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(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.
(3) Unless expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms and Conditions which by their nature are intended to survive any such action by us shall survive, in particular with respect to provisions regarding indemnification, hold harmless, disclaimers, limitations of liability and this “Miscellaneous” section.
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Contact
To contact us, please send an e-mail to:Carolin Liebeck
