General Terms and Conditions of Absurd ART | Status: 10.09.2019
These conditions of sale apply exclusively to companies, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB.
The following general terms and conditions apply to all orders placed. These conditions of sale also apply to all future business with the customer, insofar as they are legal transactions of a related nature.
Conditions of the customer do not cancel our conditions, even if no objection is raised.
Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these conditions of sale. A written contract or our written confirmation is decisive for the content of such agreements, subject to proof to the contrary.
For the legal relationships established through this website between Absurd ART and its customers, the following general terms and conditions apply exclusively in the version at the time of the order. These terms and conditions apply to www.absurd-art.com . If you are redirected to Etsy.com and Spreadshirt.com, the corresponding general terms and conditions of the online platforms apply.
Conclusion of contract
Sale of original work of art: The contract is concluded with mutual data transmission and invoicing. After receiving the payment you will receive an order confirmation. The order will be sent after receipt of payment.
Service: The contract comes about through an order confirmation between Absurd ART and the customer.
Sales tax is not shown as a small business owner according to § 19 UStG
St.Nr .: 227/279/02094
Shipping costs as well as costs for packaging are discussed and determined individually with the customer before the contract is concluded.
Regardless of the date of the order, the price valid at the time of delivery will be calculated.
The invoice amount is due without deduction after conclusion of the contract. The day on which the credit notification is received counts as receipt of payment for bank and PayPal transfers. Payments are to be transferred to this account only:
Santander Consumer Bank AG
IBAN: DE52 3101 0833 9908 7729 91
The products will only be dispatched after receipt of payment.
Service: In accordance with the agreements made with the customer (contractually stipulated), the order will only be executed after receipt of payment.
Payment due date
Unless otherwise contractually agreed with the customer, the invoice amount is due without deduction after the conclusion of the contract. The day on which the credit notification is received counts as receipt of payment for bank and PayPal transfers.
Absurd ART reserves the right to withhold the deposit if the customer withdraws the order after work has already started.
Since dispatch and execution of the service only take place after receipt of payment, Absurd ART reserves the right to cancel the contract and refuse further cooperation after a delay of 10 days, unless otherwise contractually agreed with the customer.
delivery and shipping
Delivery takes place worldwide. Shipping and packaging costs are borne by the buyer. The amount of the shipping costs is discussed individually with the customer in advance and contractually agreed. Absurd ART reserves the right to only use insured shipping when shipping original works of art. As a rule, the delivery time within Germany is 3-5 working days, outside Germany 5-10 working days after receipt of the order.
The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.
If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, Absurd ART is entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.
Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
Retention of title
Absurd ART retains ownership of the products, designs and data in accordance with Section 449 of the German Civil Code (BGB) until all of its claims have been paid in full. We reserve title to the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at replacement value at his own expense against theft, fire and water damage. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer is liable for the loss we incur.
Reselling the item
The articles purchased through Absurd ART may not be resold in commercial transactions without written consent. A passing on of the articles to commercial resellers, whether by sale, exchange or free of charge, is prohibited. In the event of a breach, you are liable for any damage caused.
Transfer of risk upon dispatch
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
Absurd ART is not obliged to bear the shipping costs for returns or exchanges.
Contact me within 3 days of receiving the delivery
Send the items back to Absurd ART within 7 days.
You will also be billed for the costs incurred. Personalized products (e.g. a custom-made print on canvas) cannot be exchanged or returned. Unless it is solely a circumstance caused by Absurd ART.
You must use the same shipping service for returns as for the outward transport in order to ensure safe return transport. Please keep the original packaging of the work of art or, in the event of a return, send it back in an equally appropriate packaging.
Please contact me if you have any problem with your order BEFORE you return the item. Many Thanks!
Private customers can revoke their contract declaration within 14 days without giving reasons in text form, i.e. by email or letter. The period begins after conclusion of the contract between Absurd ART and the customer. However, not before the recipient receives the goods. The timely sending of the cancellation is sufficient to meet the cancellation deadline. The revocation and the return of goods must be sent to:
The customer's warranty rights require that the customer has properly complied with his inspection and complaint obligations according to § 377 HGB.
The statutory limitation period applies to claims for damages in the event of willful intent and gross negligence as well as injury to life, body and health based on an intentional or negligent breach of duty by the user.
If, in spite of all the care taken, the delivered order shows a defect that already existed at the time of the transfer of risk, please contact me in good time. The buyer is obliged to inform Absurd ART of the defect within 3 working days after receipt of the delivery and to ask for clarification. Please document the defect with appropriately informative photos.
Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of the usability, in the case of natural wear and tear, as well as damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment, defective construction work, unsuitable subsoil or arise due to special external influences that are not required by the contract. If improper repair work or changes are carried out by the customer or a third party, there are also no claims for defects for these and the resulting consequences.
In the case of print products, there may be a slight color deviation from the presentation on the web.
This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law. (CISG)
The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation.
All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract and additional agreements are drawn up and recorded in writing for each project in consultation with the customer.
Please contact me if there is any problem. Thank you for your understanding.
With best regards
Cell phone: 0163 2788170
St.Nr .: 227/279/02094
Small business according to § 19 UStG