baseodonart – Evers-Mass GbR – General Terms and Conditions
1. Scope and definitions
These basedonart General Terms and Conditions apply to all orders and deliveries made via the boa-basedonart.com website. Our range of goods is aimed exclusively at buyers who have reached the age of 18.
Offers, services and deliveries from are made exclusively on the basis of these terms and conditions. Any provisions of the customer that deviate or supplement these GTC are non-binding for basedonart, unless these are expressly agreed with basedonart. basedonart already objects to the inclusion of a customer’s terms and conditions that contradict the terms and conditions of basedonart. Consumers within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity (§ 13 BGB). Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 BGB).
2. Conclusion of contract
The presentations in the online shop boa-basedonart.com do not represent any binding offers on the part of basedonart. Rather, it is a non-binding invitation to the customer to submit a binding offer. By completing the ordering process in the online shop boa-basedonart.com, the customer submits a binding purchase offer. Confirmations of receipt from basedonart do not constitute acceptance of the purchase offer. A purchase contract for the goods is only concluded when basedonart expressly declares acceptance of the purchase offer or by sending the invoice for the sale of the goods, whichever comes first. basedonart is entitled to accept the customer’s offer within fourteen days after receipt of the order. If the offer is accepted, the purchase contract between the customer and the customer
Evers – Mass GbR
represented by the managing director Thomas Mass
3. Refund policy
Consumers generally have a right of refund.
Consumers have the right to cancel purchase contracts with basedonart that were concluded on the basis of an order in the online shop boa-basedonart.com within fourteen days without giving any reason.
The refund period begins on the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In order to exercise the right of refund, the customer must inform basedonart by means of a clear statement (e.g. by letter or email to: basedonart gallery, Evers – Mass GbR Birkenstr.112, 40233 Düsseldorf, email@example.com, firstname.lastname@example.org, +49 1732991900, about the decision to cancel the purchase contract. In order to meet the cancellation deadline, notification of the exercise of the right of cancellation before the cancellation period has expired is sufficient. If the customer cancels the purchase contract, basedonart will reimburse all payments that basedonart has received from the customer, including the shipping costs (except for additional costs that resulted from the customer choosing a type of delivery other than standard shipping). The same method of payment that was used in the original transaction will be used for the repayment, unless a different, express agreement is made.
basedonart can refuse repayment until basedonart has received the goods back or the customer can provide proof that the goods have been returned. In the event of cancellation, the customer must return the goods to basedonart or hand them over to basedonart at the latest fourteen days from the day on which the customer informed basedonart of the cancellation of the purchase contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.
4. Prices and terms of payment
Unless otherwise stated in the basedonart product description, the prices quoted are total prices that include VAT. Additional delivery and shipping costs are specified separately in the respective product description. For deliveries to countries outside the European Union, additional costs may arise in individual cases, which basedonart is not responsible for and which are to be borne by the customer. 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 can 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. Payment must be made in advance or the payment method indicated in the product description, basedonart will invoice you accordingly. The purchase price is due for payment immediately after receipt of the invoice without any deductions.
5. Delivery and transfer of risk
The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. The delivery time is approx. 20 working days after receipt of payment for deliveries within the Federal Republic of Germany and approx. 25 working days after receipt of payment abroad. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as basedonart has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or an authorized recipient.
6. Reservation of title
basedonart reserves ownership of the delivered goods until full payment has been made. During the retention of title, the customer may neither sell, pledge nor transfer the goods delivered under retention of title to third parties.
7. Offsetting and retention
If the customer is an entrepreneur, he can only offset against basedonart claims with undisputed or legally established counterclaims and / or counterclaims based on the same contractual relationship, or he is only able to exercise a right of retention or right to refuse performance due to undisputed or legally established counterclaims and / or counterclaims based on the same contractual relationship.
If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved. If the customer acts as a consumer, he is requested to notify basedonart immediately of goods delivered with obvious defects or transport damage. If the customer is an entrepreneur, the general limitation period for claims for defects is one year from receipt of the goods.
basedonart is fully liable for any legal reason in the event of intent or gross negligence, in the event of willful or negligent injury to life, limb or health, on the basis of a promise to guarantee, unless otherwise regulated, and due to mandatory liability, such as under the Product Liability Act. If basedonart negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless basedonart has unlimited liability according to the preceding paragraph. Otherwise basedonart is not liable.
10. Choice of law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods, in particular the UN sales law. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
11. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf, Germany. In this case, basedonart is also entitled to sue at the customer’s registered office.