Terms of service
General Terms and Conditions
1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: T&C) apply to all contracts concluded via our online shop between us, Sabine Runge Painting, Sabine Runge, Robert-Koch-Str. 13b, 85521 Ottobrunn, Germany, mail@sabine-runge-painting.com, +49 89 55006800, and you as our customer. The T&C apply regardless of whether you are a consumer, an entrepreneur or a merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the T&C valid at the time the contract is concluded shall apply.
(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
2 Conclusion of Contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button "order with obligation to pay", you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing it; any right you may have to withdraw your order remains unaffected.
(3) We will confirm receipt of your order placed via our online shop by email without delay. Such an email does not yet constitute binding acceptance of the order, unless it declares acceptance in addition to confirming receipt.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) If delivery of the goods you ordered is not possible, for example because the item is not in stock, we will refrain from declaring acceptance. In this case, no contract is concluded. We will inform you of this without delay and immediately refund any payments already received.
3 Delivery Terms and Reservation of Prepayment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) a) The delivery time for shipments within Germany is approx. 3–5 working days, unless otherwise agreed. It begins – subject to the provision in para. 3 – with the conclusion of the contract.
b) The delivery time for international shipments is approx. 7–14 working days depending on the destination. In case of delays caused by customs clearance or transport problems in the destination country, it may extend to up to 21 working days, unless otherwise agreed. It begins – subject to the provision in para. 3 – with the conclusion of the contract.
(3) For orders from customers residing or domiciled abroad, or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of this reservation, we will inform you without delay. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
4 Prices and Shipping Costs
(1) All prices stated in our online shop are gross prices including statutory VAT.
(2) Shipping within Germany is free of charge. For deliveries abroad, the shipping costs are displayed during the checkout process before you submit your order. The total price including shipping costs is displayed in the order form.
(3) If we fulfil your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively withdraw from the contract, you shall bear the costs of returning the goods under the statutory conditions. Please return the goods in their original packaging where possible.
(5) Any customs duties and customs clearance charges for shipments outside the EU are borne by the customer. We are not responsible for delays caused by customs.
5 Terms of Payment, Set-off and Right of Retention
(1) The purchase price and shipping costs are payable no later than two (2) weeks after receipt of our invoice.
(2) You may only pay the purchase price and shipping costs using the payment methods offered by us.
(3) You are not entitled to set off claims against our claims unless your counterclaims have been legally established or are undisputed. You are also not entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
6 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
7 Warranty
(1) We are liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory warranty claims is two years and begins with the delivery of the goods.
(2) Any seller's guarantees we may give for certain items, or manufacturer's guarantees granted by the manufacturers of certain items, apply in addition to claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.
8 Liability
(1) In all cases of contractual and non-contractual liability, we are liable to you for damages or reimbursement of futile expenses in accordance with the statutory provisions in the event of intent and gross negligence.
(2) In other cases, we are liable – unless otherwise provided in para. 3 – only for breach of a contractual obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and then limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in para. 3.
(3) Our liability for damage resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
9 Copyright
We hold the copyright to all images, videos and texts published in our online shop. Any use of these images, videos and texts is not permitted without our express consent.
10 Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and, at the time of your order, have your habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
The German version of these Terms and Conditions is legally binding. The English translation is provided for convenience only.