Applicability, definitions of terms
(1) Augusta Behnstedt, Auerstrasse 49, 10249 Berlin, Germany (hereinafter: “we” or “August Schnee”) operates an online shop for goods under the https://augustschnee.art website. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any person who concludes a legal transaction for purposes that can mainly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
Conclusion of contracts, storage of the text of the contract
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://augustschnee.art.
(2) Our product presentations on the internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Checking the details in the shopping basket,
- Call up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
- Enter/check address and contact details, select payment method, confirm GTC and cancellation policy,
- Completion of the order by pressing the “Buy Now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of conclusion of the contract, the contract shall be concluded with Augusta Behnstedt, Auerstrasse 49, 10249 Berlin, Germany.
(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
Subject matter of the contract and essential characteristics of the products
(1) In the case of our online shop, the subject matter of the contract is:
- The sale of goods. The actual goods offered can be found on our item description pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
Prices, shipping costs and delivery
Temporarily we offer only local pickup.
Please contact us to get a shipping quote.
Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We have unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and pecuniary damage attributable to this is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our duty to act and to fulfill the contractually owed service, which is described in § 3.
Only German is available as the contractual language.
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for delivered goods with regard to entrepreneurs is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
Final Provisions/Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) 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 shall be the Provider’s registered office.
(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.