General Terms and Conditions

(hereinafter referred to as “Provider”, “Seller” or “we”).

In terms of the small business regulation according to § 19 UStG, amounts/prices shown do not include sales tax.

Scope and applicable law

The following General Terms and Conditions (GTC) apply to all business contacts made between the customer and the supplier.

Conflicting GTC of the customer are contradicted. Unless their validity is expressly agreed to in writing, no other terms and conditions shall apply, even if they have not been separately objected to.

These General Terms and Conditions and all legal transactions between the contracting parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of international uniform law, such as the UN Convention on Contracts for the International Sale of Goods.

On the part of persons associated with the company, the promise of deviating conditions is not permissible. Verbal agreements are only valid after written confirmation by the seller.

Conclusion of contract

The order made by a customer represents an offer, the confirmation of which by the seller is required for the conclusion of the contract.

An order requires the specification of all mandatory fields marked with “*” in the order process.

At the end of the ordering process, the customer can, after checking his order on an overview page, send it. There is an order confirmation from the store operator by an automated e-mail.

The contract is not concluded until we expressly accept the customer’s offer or send the ordered goods to the address specified in the ordering process.

Article description & representations

The product information provided by us in the form of photographs and text represent the product as accurately as possible.

We are not liable for possible errors. We do not guarantee that all images accurately represent the appearance of the products.

Due to different settings of your terminal device, the appearance of the photographs and with them the products shown may vary. Therefore, these are not a guarantee for an error-free product representation in all properties.

Prices and shipping costs

The shown prices are total prices plus shipping costs and do not include VAT in the sense of the small business regulation according to § 19 UStG. 

The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you.

You can find out about the details under “Shipping“.

In case of a return of the goods by in exercise of your right of revocation (more about this under “Returns“) you bear the direct costs of the return. For a standard return shipment, you can expect prices similar to the costs of sending the goods back, whereas the costs in the case of a forwarding delivery are estimated at a maximum of about 60 EUR.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts for delivery:

• of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• Digital downloads (such as patterns, e-books or wallpaper, etc.) 

Retention of ownership

Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of the provider. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Late payment

If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If it can be proven that the supplier has incurred higher damages as a result of the delay, the supplier shall be entitled to claim such damages.

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

Delivery is made to the delivery address specified by the customer, within the 

            – the European Union

Deliveries to countries outside the European Union may be subject to customs duties and import sales tax, which must be paid by the customer to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and shipping costs and can not be influenced by the provider.

If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform on the part of the provider is excluded. Already paid amounts will be refunded by the provider immediately.

The provider may also refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by the supplier without delay.

Bulky goods (packages with a larger volume than 1 sqm) are usually delivered by freight forwarding. The provider expressly points out that these goods are not carried into the house. 

Defect rights

A product that is already defective at the time of delivery (warranty case) will be replaced by the provider at the customer’s discretion at the expense of the provider by a defect-free or professionally repaired (supplementary performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

– in the event of damage caused at the customer’s premises by misuse or improper use or care (please consider our care instructions),

– for damage caused by exposure of the products at the customer’s premises to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

Furthermore, the provider does not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.

If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer are to be taken into account – the customer’s claim is limited to the respective other type of supplementary performance. The right of the supplier to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.

Both in the case of repair and in the case of replacement, the customer is obliged to send the product at the expense of the provider, stating the order number to the return address provided by her. Before sending the product, the Customer shall remove any items inserted by him from the product. The Provider is not obliged to inspect the Product for the insertion of such items. The Provider shall not be liable for the loss of such items, unless it was readily apparent to the Provider at the time the Product was returned that such an item had been inserted into the Product (in which case the Provider shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred in doing so). No liability is assumed for loss of data.

If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,

a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,
b) if the supplier is responsible for the deterioration or loss or if the damage would also have occurred at the supplier’s premises,
c) if the deterioration or loss occurred at the customer, although the customer has taken the care he is accustomed to take in his own affairs.

The customer’s liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

In addition, there may also be claims against the manufacturer under a warranty granted by the latter, which shall be governed by the relevant warranty conditions.

If the Purchaser is not a consumer, the Parties hereby agree that the limitation period for warranty claims for the offered used goods shall be reduced to one year.

The legal warranty of the supplier towards consumers ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

In the event of slight negligence, the provider shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. The supplier is not liable for other damages caused by slight negligence due to a defect of the object of purchase.

Irrespective of any fault on the part of the supplier, liability on the part of the supplier in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a guarantee by the provider.

The supplier is also responsible for the impossibility of delivery occurring by chance during their delay, unless the damage would have occurred even with timely delivery.

Excluded is the personal liability of legal representatives, agents and employees of the provider for damage caused by them through ordinary negligence.

Vouchers and discount campaigns

The redemption of multiple vouchers for a single purchase is not permitted.

Vouchers that have been handed out free of charge as part of promotional campaigns, and have therefore not been purchased (hereinafter referred to as “promotional vouchers”) are only valid in accordance with the periods specified in the promotions and can only be redeemed in our online store on this website (www.arctical-crafting.com).

We reserve the right to exclude individual products from voucher promotions and state this separately in the respective promotions.

Promotional vouchers cannot be used retroactively, but must be redeemed before the order is placed.

The value of the goods must be at least equal to the value of the promotional voucher. Any minimum purchase values must be observed. A refund of the remaining value on the part of the supplier is not possible in any case.

If the customer returns the partially paid goods within the framework of the legal right of withdrawal, the value of the promotional voucher will not be refunded.

Sums exceeding the value of the voucher to settle the invoice amount can be settled by choosing one of the offered payment methods.

A cash payment, as well as interest on the value of the voucher is not possible.

Jurisdiction

If, contrary to the information you provided when placing your order, you do not have a residence in the Federal Republic of Germany, or if you move your residence abroad after conclusion of the contract, or if your residence is not known at the time of filing a lawsuit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Dortmund (NRW, Germany).

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ .

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the contract, insofar as one of the contracting parties is not unreasonably disadvantaged thereby.

Amendments or supplements to this contract must be made in writing.