EFTA02317659

General Business Terms between Artedona AG Gut K I rl h 1a Registered seat of the company: Grasbrunn Munich County Court HRB 127425 VAT Id. no.: DE 812779422 Management Board: Petra Beyer, Alexander Luft Chairman of the Supervisory Board: Klaus Left hereinafter "Artedona" and the customer described in Subclause 1.2 of the General Business Terms hereinafter ' Customer- 1. Scope and contractual partners 1.1 Scope These General Business Terms (abbreviation in German: 'AGEE') shall apply to all business relationships between the Customer and Artedona in their version which is valid at the time of the Order for delivenes of all kinds. which Artedona provides towards its Customer insofar as no contradictory wntten agreements are reached in a purchase or Other contract concluded between Artedona and the Customer. Legally relevant declarations and notifications of the Customer after conclusion of the contract (e.g setting of deadlines, reports of defects. declaration of Cancella- tion or reduction), require a written form in order to be valid. 1.2 Contractual canners The offer of Artedona is onented to consumers and entrepreneurs. Consumers are according to § 13 BGB [Civil Code] natural persons, whO conclude a legal transac- tion for a purpose. which can neither be attnbuted to ther commercial nor their self•employed professional activity ("private purpose'). Entrepreneurs we accord- ing to § 14 BOB natural persons or legal entities or partnerships with legal capac- ity, who or which act upon conclusion of a legal transaction while performing their commercial or independent professional activity. 2. Conclusion of the contract: All offers of Artedona are •without obligation. 2.1. For Purchase Contracts via the Online-Shoo WYAV. art Od On a col) or by e-mail The offer of Artedona in the Internet under wyny.artedona corn does not yet repre- sent an offer for conclusion of a purchase contract, but merely an imitation to submit such an offer. In case of orders via www.artedona.com the Customer shall Only Submit an offer for conclusion Of 8 purchase contract with Artedona when it sends the fully completed order farm via the button "submit your order'. After receipt of this offer the Customer shall receive an electronic confirmation from Artedona about the receipt of the order. in which the data and the articles ordered by the Customer are listed once again. This electronic confirmation does not yet represent an acceptance of the offer by Artedona With this Artedona merely satisfies its statutory obligations according to § 312g Par. 1 S I No 3 BGB. The purchase contract between the Customer and Artedona shall only be concluded with the despatch of an order confirmation or the delivery of the goods, in case of orders by e-mail the Customer submits an offer for conclusion of a purchase contract with Artedona with the sending of an email to Artedona. After processing of this offer the Customer shall receive from Modena an electronic order confirmation of the order, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between Artedona and the Customer with the receipt of this order confirmation. 2.2. For purchase contracts in distance saltine by telephone. by letter or fax Tne order of the Customer by telephone represents an offer for conclusion of a purchase contract with Artedona. Within the framework of the telephone cal Anedona confirms INS Order for the Customer. This confirmation does not yet represent any acceptance of the contract. In case of orders by letter or fax the Customer submits an offer for conclusion of a purchase contract with Artedona with the sending of this letter or fax to Artedona. After the processing of the offer received by telephone. by letter or by fax the Customer shall receive a written order confirmation from Artedona, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between Artedona and the Customer with the receipt of this order confirmation. 3. Instructions for revocation 3.1 Right to revocation The right to revocation shall only apply to consumers within the meaning of § 13 BOB: 3,1.1 Right to revocation for purchase contracts via tho Online-Shop lenvw.artedona.com or by email You can revoke your contractual declaration within 14 days without stating any reasons in a text form (e.g. letter, fax e-mail) or - if the object is handed over to you before the expiry of the deadline - also by returning the object. The deadline shal begin after receipt of these instructions in a text form, however not before the receipt of the goods at the recipient (with the recumng delivery of similar goods not before receipt of the first partial delivery) nor before satisfaction of our informa- ben obligations according to Article 246 § 2 in conjunction with § 1 Par. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations according to § 312g Par. 1 Sentence 1 BOB in conjunction with Article 246 § 3 EGBGB. The timely sending of the revocation or the object is sufficient to safe- guard the deadline for revocation. The revocation is to be sent to: - by led • by lax - by emai 3.1.2 Right to revocation for purchase contracts In distance Wilms by tele- phone, by letter or by fax You can revoke your contractual declaration within 14 days without stating any reasons in a text form (e.g. letter. lax. ermal) or - if the object is handed over to you before the expiry of the deadline - also by returning the object. The deadline shall begin after receipt ol these instructions in a text torn. however not before the receipt of the goods al the recipient (with the recumng delivery of similar goods not before receipt of the first partial delivery) nor before satisfaction of our informa- tion obligations according to Article 246 § 2 in conjunction with § 1 Par. I and 2 EGBGB. The timely sending of the revocation or the object is sufficient to safe- guard the deadline for revocation. The revocation is to be sent to: - by lelt - by fax - by e-ma 3.2 Consequences of revocation In the event of an effective revocation the services received by both parties we to De refunded and any drawn benefits (e.g. interest) are to be handed over. If you cannot refund or nand over the received service as well as benefits (e g benefits of use) to us or partly not or only in a delenorated condition you must pay us compensation for the value accordingly. You must tiny pay compensation for the value for the detenoration Of the object and for drawn benefits insofar as the benefits or the deterioration is a result of a handling of the object, which goes beyond the examination of the properties and the functioning. Under 'examination of the properties and the functioning' one understands the leafing and sampling of the respective goods as is possible and customary for example in a store. Objects which are capable of shipment as parcels are to be returned at our nsk. You have to bear the regular costs for the return shipment if the delivered goods correspond with those which were adored and if the pre° Of the object which is to be returned does not exceed an amount of Euro 40 or if with a higher pnce of the object at the time of the revocation you have not yet paid the consideration or a contractually agreed instalment payment. Otherwise the return shipment is free of charge for you. Objects which cannot be sent as parcels will be picked up from your location. Obligations to reimburse payments must be satisfied within 30 days. The deadline shall begin for you with the sending of your declaration of revocation or the object, for us with their receipt. End of the Instructions for revocation 3.3 Exclusion of the revocation: The nght to revocation shall not exist for • goods. which are produced according to the specifications of the Customer (e.g. with engraving) or • goods. which are not offered on the Artedona website at the time of the order and are exclusively procured al the Customers request or • goods. which we not suitable for returning owing to their condition. EFTA_R1_01220993 EFTA02317659 4. Terms of delivery: Artedona shall deliver goods which can be delivered imme- diately within three (3) workdays to the address stated by you. The delivery times for products which are not in stock depend on the product and are stated on our webste for each product. The delivery is as a rule carried out by UPS, at the request of the customer also by OFIL, The shipping costs depend on the country of delivery and are published on our webste. Should it not be possible to adhere to the expected delivery date Artedona shall inform you hereof and notify you of the new delivery date. Artedona is entitled to also carry out the order in partial deliver- ies. Arledona reserves the nght to not carry out the order if the ordered goods are not available or not in lime, or cannot be delivered owing to insufficient quality. In this case Artedona shall inform you immediately and reimburse a possibly already made payment. 5. Prices. The prices slated on the website yivnv Modena corn apply. These include the applicable rale of value added tax and we deemed plus shipping costs. For deliveries to Switzerland and Norway the prices include the Swiss or the Norwegian value added tax and the costs for the customs clearance, For delrvenes to the USA the prices include the costs for the customs clearance and the customs duties. For deliveries to other countries outside of the EU the costs for the customs clearance and the customs duties will be invoiced separately. 8. Payment and default of payment: Artedona offers the payment by credit card. by direct debit (only in Germany). by advance payment, by cash on delivery and against invoice. In case of payment by credit card or by direct debt the invoice amount shall be debited on the day of the shipment of the goods. In case of pay- ment against invoice you undertake to settle the invoice amount within 14 days after r aces pi of the goods and the invoice without deduction insofar as not explicitly otherwise agreed. In case of default of payment Artedona reserves the right to charge interest on default in the amount of 5% above the respective base lending rale of the European Central Bank. 7. Rights to offset or of retention: The Customer shall only be entitled to nghtS to offset or of retention insofar as his claim has been declared final and binding or is undisputed or the Customer asserts reports of defects or counter-clams from the same purchase contract. The Customer may only exercise his right of reten- tion if his counter-claim is based on the same purchase contract. 8. Warranty. Artedona assumes the warranty within the framework of the statutory regulations. Each defect is to be reported immediately in writing. In the even of warranty Artedona reserves the right to ether replace or repair goods, which prove to be faulty. Should these measures have failed twice the customer is entitled. al his choice, to reduce the purchase price paid for these goods or to cancel the order of the faulty goods The cancellation is excluded in case of an only insign-ficant defect 9. Product presentations and guarantees. The product presentations on the webste can deviate in colour and impression from the actual articles. References to the products do not represent any guarantee. An additional guarantee only exists with the goods delivered by Artedona if this was explicitly submitted in the order confirmation for the respective article. 10. Liability. The liability of Artedona is onented to the following provisions: 10.1 Artedona shall be liable for damages, which are caused by it or its legal representatives or vicanous agents by wilful intent or gross negligence, unlimited with respect to the amount. 10.2 For damages from the injury to life. body or health Artedona shall also be liable with own. slightly negligent breach of duty or that of its legal representatives or vicarious agents unlimited with respect to the amount. 10.3 In case of negligent breaches of duty Modena shall be liable for damages !Torn the broach of essential contractual duties, without which it is not possible to achieve the object of the contract and the compliance with which the Customer can as a rule rely upon. limited with respect to the amount to the typically foresee- able damages for the contract. This shall apply accordingly to the negligent breach of essential contractual duties of the legal representatives, executive bodies or vicarious agents of Artedona. 10.4 Except in the event of wilful intent and gross negligence Artedona shall not be liable for indirect damages, such as e.g. additional work. missed profits or savings which were not achieved. 10.5 The above limitations to liability of Subctauses 10.3 to 10.4 shall not apply insofar as Merlon maliciously fated to disclose a defect or assumed a guarantee for the condition of the goods. 10.6 Claims of the Customer according to the Product Liability Act remain unaf- fected. 11. Data protection: 11,1 Artedona only co/loots. processes and uses the personal data of the custom- ers according to and in line with the relevant data protection provisions of the Federal Republic of Germany, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TIAG). 11.2 The data collected from the Customer within the framework of his order shall be processed and used by Artedona for establishing. executing and terminating the contractua relationship with the Customer, in particular also for [Aloest-ale warranty claims. Personal data of the Customer will only be forwarded to third parties if and insofar as this is necessary for executing the contract. in particular for carrying out the delivery. 11.3 Information concerning the previous payment conduct and creditworthiness information based on mathematical-statistical processes by using address data of customers, who are based in Germany, Austna or in Switzerland will be procured by Artedona with the existence of a justified interest for Germany from Infosccre Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, for Switzerland from Dalai/isle AG. Resbachsstr. 61. CH-8008 Zurich and for Austria from Dellavista GmbH, Diefenbachgasse 35, A-1150 Vienna. which as credit agencies store data for providing information. 11.4 Anedona undertakes to treat all personal data confidentially and to protect these against each unauthorized access. Address data of the Customer such as name, address, title. academic title or reference to industry shall only be used for marketing purposes by Artedona and companies affiliated with it according to §§ 15 ff. Ak1G (Companies Act) if the Customer has not objected to the use of these dale for advertising purposes. The Customer shall be referred to his nghl to objec- tion in this respect when initiating the contract. 11.5 The use of the e-mail address for advertising purposes is only carried out if the Customer has granted his consent in this respect. The same shall apply ac- cordingly to the use of such data for market or opinion research. 11.6 Further explanations relating to the subject of data protection can be called on nnvw_artalerAactim under the heading 'Privacy policy or via the link www.ariedqvia cpreigrivacv.poicy or we available through the Artedona customer service. 12. Statute-of-limitations. Possible clams for damages against Arledona. with the exception of clams for damages from illicit act. shall become statute-barred according to the statutory regulations, by no later however than after hvo years from the provIsicn of the service. upon which the clam is based. 13. Reservation of title: Until the full payment the goods shall rem an the prop- erty of Artedona. The Customer undertakes to inform Artedona of all accesses of third parties to the goods which are subject to the reservation of title (reserved goads). in particular of enforcement measures or other seizures and of all dam- ages suffered to the reserved goods immediately. Insofar as the goods are deliv- ered to a country. in which the afore-mentioned reservation of title is not effective in full the Customer undertakes to procure an equivalent security for Artedona. 14. Assignment. The Customer is only entitled to assign the rights from the contract with the prior consent of Artedona - with the exception of payment clams. The consent may only be refused for an important reason. 15. Place of performance: The place of performance is Grasbrunn near Munich. 18. Place of jurisdiction: The courts in Munich exclusively have jurisdiction for all disputes from or in connection with the contract or these terms and conditions insofar as the Customer is a merchant or legal entity under public law. 17. SeverabIllty: Should one or several provisions of the contract a these terms and conditions be or become invalid or unenforceable or be replaced by respec- tive national law this shall have no effect on the validity of the remaining provi- sions. 18. Choice of law: The contractual relationships between the parties are subject to German law under the exclusion of the UN Convention on the International Sae of Goods In case of contracts with consumers in the EU. Switzerland and Norway manda- tory legal regulations of another EU member state. of Switzerland or of Norway - insofar as the consumer has his customary place of stay therein - are to be ap- plied instead of German law if and insofar as these regulations are more favour- able for the consumer. °Hoar 2012 EFTA_R1_01220994 EFTA02317660