GENERAL TERMS AND CONDITIONS

bildhau KG

General Terms and Conditions in the version of 19th of April 2022

1. Scope of Application

These General Terms and Conditions (GTC) shall apply for all deliveries of bildhau.de provided by bildhau KG (hereinafter: bildhau) to its customers. The GTC apply both to consumers (hereinafter: consumers) and to entrepreneurs (hereinafter: business customers), provided that no differentiations are made in the individual clauses.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity.

An 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 commercial or self-employed professional activity.

2. Contractual Partner

The purchase contract is concluded with bildhau KG, represented by Carsten Langediers and Reinoud van Bemmelen, Raderberger Straße 175, D-50968 Cologne, registration court: Cologne, registration number: HRA 22714.

3. Conclusion of Contract

3.1 The presentation of the products at bildhau.de is not a legally binding offer, but a non-binding online catalogue.

3.2 By clicking the button "order with an obligation to pay" you place a binding order of the goods contained in your shopping basket. We will send you a confirmation that we received your order by automated e-mail immediately after placing the order. This confirmation does not yet constitute acceptance of the contract. We shall accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five working days

3.3 The contractual language is German.

4. Prices

4.1 The prices stated on the product pages include the statutory value added tax valid for the recipient country Germany as well as the packaging costs, but not the shipping or forwarding costs. The shipping or forwarding costs will be invoiced additionally.

4.2 Customers from the EU will generally be charged the sales tax applicable in the recipient country. The actual prices may therefore be lower or higher than the prices stated on the product pages. The actual prices are automatically displayed during the ordering process after entering the recipient country, as are the shipping costs.

4.3 Business customers from EU countries enter the EU VAT identification number when placing their order. As soon as the EU VAT ID number is entered in the order process, the prices will be shown without VAT. If the number is not indicated, not available or incorrect, bildhau shall charge the VAT of the recipient country in accordance with EU law.

4.4 For Customers from non-EU countries, the prices are shown without VAT after entering the recipient country in the course of the ordering process.

5. Shipping Costs & Delivery

5.1 bildhau delivers to all countries worldwide with the exception of the USA. Shipping within Germany and to European countries is carried out by our shipping service provider DHL. In the case of heavy and/or bulky goods, shipping shall be effected by UPS or freight forwarding. Shipping to all other countries is done by UPS or freight forwarding. Upon request, shipment to countries outside Europe can be made by DHL.

5.2 Shipping or forwarding charges will be bindingly displayed in the order overview before the order process is completed and will be shown in the automatically generated confirmation of receipt of your order. An exception to this are shipments of heavy and/or bulky goods to countries other than Germany. If shipping costs cannot already be shown on the order page or if the delivery is made by a forwarding agent and regardless of whether shipping costs are shown on the order page, we will send you an individually generated order confirmation in which we refer to the binding shipping costs. The shipment will only take place after you have accepted the shipping costs. For more information on shipping costs, please refer to our shipping costs overview.

5.3 For shipments to non-EU countries, the costs of customs clearance and import VAT may be charged directly upon delivery of the goods by the delivery agent. We have no influence on whether these costs are charged directly on site or at a later date.

5.4 The delivery times are indicated in the web store with the respective article and refer to shipping within Germany. Goods that are in stock, we deliver within 1 to 5 working days. If the goods are not immediately available, the delivery time is indicated directly with the product. Sculpture stones we deliver within 2 to 10 working days.

5.5 The delivery by forwarding agency takes place within Germany exclusively free curb.

5.6 If individual items of the order are not in stock at short notice, bildhau reserves the right to make partial deliveries within Germany without incurring additional costs for the Customer. Outside Germany, partial deliveries shall only be made upon express request of the Customer. In case of necessary subsequent deliveries, shipping costs shall be incurred in this case, which shall be borne by the Customer.

5.7 bildhau reserves the right not to deliver if the ordered goods are not available for reasons for which bildhau is not responsible as a result of untimely or incorrect delivery (including delivery of short quantities) by a supplier, although bildhau has concluded a delivery contract with the supplier for the ordered goods. If such a case occurs, bildhau shall immediately inform the Customer that the ordered goods are not available and immediately refund any payments already made by the Customer.

5.8 The delivery time shall be reasonably extended in cases of delays in delivery due to force majeure. Any liability on our part for the aforementioned delays in delivery or any termination of the contract resulting therefrom shall be excluded.

6. payment

6.1 Delivery is made against open invoice.

6.2 Invoices are due for payment without deduction within 14 days of receipt of the goods, unless expressly agreed otherwise.

6.3 To hedge the credit risk, we reserve the right to deliver the goods ordered only against advance payment or down payment.

6.4 In the event of default in payment, statutory default interest in the amount of 5 percentage points above the respective base interest rate shall be payable. A lump sum of 3.00 euros will be charged for each reminder.

7. Retention of title

The goods remain our property until full payment has been received.

8. Revocation

REVOCATION POLICY FOR THE DELIVERY OF GOODS

The following right of revocation exists only for consumers.

Right of Revocation

You have the right to revoke the concluded contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day when either you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.

To exercise your right of revocation, you have to inform us (bildhau KG, Raderberger Straße 175, D-50968 Köln, phone +49 (0) 221 - 99874700, fax +49 (0) 221 - 998747070, e-mail mail@bildhau.de) by means of a clear declaration (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You can use our above-mentioned sample revocation form which is not mandatory. The return of the goods alone is not sufficient as a declaration of revocation.

In order to comply with the revocation period, it is sufficient that you send the notice of your revocation before the revocation period expires.

Consequences of Revocation

If you revoke this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier. 

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day deadline.

You bear the direct costs of returning the goods. If the goods cannot be shipped as a parcel, the returning costs shall be estimated corresponding to and not exceeding the initial shipping costs.

You shall be liable for any loss in value of the goods only if it is due to handling other than what is necessary for checking the nature, properties and functioning of the goods.

The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for goods that are manufactured according to the consumer's specifications or that are clearly adapted to the personal requirements and of goods if these were after delivery inseparably mixed with other goods due to their nature. The right of revocation shall also not apply to contracts for the delivery of sealed goods which are not suitable for return e.g. for reasons of health protection or hygiene if their sealing has been removed after delivery.

End of revocation policy.

REVOCATION FORM

(If you want to cancel the contract, please fill out this form and send it back to us.)

TO:

bildhau KG
Raderberger Straße 175
D – 50968 Köln
Telefon: +49 (0) 221 998 74 70-0
Fax: +49 (0) 221 998 74 70-70
E-Mail: mail@bildhau.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Date of order (*) / goods received on (*)

____________________________________________________________________________

name of consumer(s)

____________________________________________________________________________

address of cosumer(s)

____________________________________________________________________________

____________________________________________________________________________

signature of consumer(s) (nly for communication on paper)

____________________________________________________________________________

date

____________________________________________________________________________

9. 60-day Voluntary Return Policy for Consumers

In addition to the statutory right of revocation for consumers, bildhau grants consumers a voluntary 60-day right of return. As a consumer you can return the goods without giving reasons within 60 days from receipt of the goods by returning them. Timely dispatch of the goods to bildhau KG, Raderberger Straße 175, 50968 Cologne, Germany, phone +49 (0)221 - 99874700 is sufficient to meet the deadline.

You bear the direct costs of returning the goods. If the goods cannot be shipped as a parcel, the returning costs shall be estimated corresponding to and not exceeding the initial shipping costs.

You shall be liable for any loss in value of the goods only if it is due to handling other than what is necessary for checking the nature, properties and functioning of the goods.

The voluntary 60-day right of return does not apply to contracts for the delivery of goods which are not prefabricated and for goods that are manufactured according to the consumer's specifications or that are clearly adapted to the personal requirements and of goods if these were after delivery inseparably mixed with other goods due to their nature. The right of revocation shall also not apply to contracts for the delivery of sealed goods which are not suitable for return e.g. for reasons of health protection or hygiene if their sealing has been removed after delivery.

10. Storage and Accessibility of the Contract Text

We shall save the contract and send you the order data and our general terms and conditions by e-mail. You can view your past orders in our customer login area.

11. Warranty

The statutory liability for defects shall apply.

12. Applicable Law

These terms and conditions as well as contracts concluded on their basis between the customer and bildhau are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.

13. Court of Jurisdiction

The court of jurisdiction is Cologne.

14 Online Dispute Resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG

The European Commission is providing an online dispute resolution (OS) platform for extrajudicial mediation, which can be found at http://ec.europa.eu/consumers/odr/ . In this context, bildhau is legally obliged to provide an e-mail address to contact: mail@bildhau.de. We are not obliged and in principle not prepared to participate in a dispute settlement procedure before a consumer arbitration body.

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