Terms of Service
Contractual terms and conditions within the framework of purchase contracts concluded via the platform www.charlescastro.de between the Charles Castro (referred to as: the Supplier)
And the customer specified in § 2 of the contract (referred to as: Customer).
§ 1 Definitions
(1) For the business relationship between the supplier and the customer, the following general terms and conditions of business apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the offerer expressly agrees to their validity in writing.
(2) The customer, is a consumer insofar as the purpose of the ordered deliveries and services can not be attributed to his commercial or independent professional activity. On the other hand, entrepreneur is any natural or legal person or legal person who is acting in the exercise of his commercial or independent professional activity when the contract is concluded.
§ 2 Conclusion of contract
(1) The purchaser can select products from the sellers, especially paintings by the artist Charles Castro, and they will be collected by clicking the “add to cart” button.
By clicking on the “Send order” button, he makes a binding request for the purchase of the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
However, the application can only be submitted and communicated if the customer accepts these terms and conditions by clicking on the “Accept terms and conditions”.
(2) The supplier then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the “print” function.
The automatic receipt confirmation only documents that the customer’s order has been received by the supplier and does not represent acceptance of the application. The contract is only concluded by the delivery of the declaration of acceptance by the supplier, which is sent with a separate e-mail (order confirmation).
§ 3 Delivery, goods availability
(1) The delivery time is approx. 15 days.
(2) If, at the time of the customer’s order, no copies of the product selected by him are available, the supplier shall immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier will not accept a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier also immediately notifies the customer in the order confirmation.
In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the offerer is also entitled to terminate the contract. In this case, he will refund any payments already made by the customer without delay.
§ 4 Reservation of title
The delivered goods remain the property of the supplier until payment is complete.
§ 5 Prices and shipping costs
(1) All prices, which are stated on the website of the offerer, are inclusive of the applicable legal value added tax.
(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer insofar as the customer does not exercise his right of revocation.
(3) The goods are shipped by forwarding agency. The risk of shipment is borne by the supplier if the customer is a consumer.
§ 6 Payment Modalities
(1) The customer can make the payment by advance payment by means of transfer or via Paypalzahlung.
(2) Payment of the purchase price is due within 10 days with conclusion of contract. If the payment is due according to the calendar, the customer is already in default by default. In this case, he has to pay the vendor interest on arrears in the amount of 5 percentage points above the base rate.
(3) The obligation of the customer to pay interest on arrears does not preclude the assertion of further default damages by the supplier.
§ 7 Non-performance guarantee, guarantee
(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff BGB. The warranty obligation on suppliers supplied by the supplier is 12 months.
(2) There is an additional guarantee for the goods delivered by the supplier only if this has been expressly stated in the order confirmation of the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Exempted from this
Claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In case of a breach of essential contractual obligations, the supplier is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from a violation of life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the supplier’s fulfillment aid if claims are directly asserted against them.
(4) The provisions of the Product Liability Act shall remain unaffected.