Terms of service

Effective Date: 31.10.2024


Anitchka Art
Prinz-Ferdinand-Str. 148
47798 Krefeld
Deutchland
E-Mail: info@anitchka.art

- hereinafter Provider -

§ 1 Scope of application

(1) The services of the provider for the online store at www.anitchka.art are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
(2) Our General Terms and Conditions apply exclusively. Any general terms and conditions of the customer that deviate from our General Terms and Conditions shall not apply unless we expressly agree to them.

§ 2 Conclusion of contract

(1) Our offers on the Internet represent a non-binding invitation to the customer to order goods. By sending the order on our website, the customer submits a binding offer to conclude a contract.
(2) Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail within 2 days.

§ 3 Payment, default

(1) The prices listed on our website at the time of the order shall apply. All prices are inclusive of VAT, unless otherwise stated. Shipping costs are either included in the price or presented separately during checkout.
(2) Payment of the purchase price is possible by immediate bank transfer, payment by invoice, advance payment, by credit card and via the Paypal service.
(3) If the payment method “PayPal” is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
(4) If the customer is in default of payment, we shall be entitled to demand default interest in the amount of five percentage points above the base interest rate of the European Central Bank. In the event that we claim further damages caused by default, the customer shall have the opportunity to prove that the claimed damages caused by default were not incurred at all or were at least significantly lower. 
(5) Payment by invoice 
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchase on account as a payment option. When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. Payment is made to Klarna. Please note that invoice is only available for consumers. You can find the full terms and conditions for purchase on account here. The online store charges a fee of 0.00 euros per order when purchasing on account with Klarna.
 
Klarna checks and evaluates your data and exchanges data with other companies and credit agencies if there is a legitimate interest and reason to do so. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.

§ 4 Retention of title

We reserve title to the delivered goods until the purchase price has been paid in full.

§ 5 Delivery

(1) Delivery shall be made within 7 to 21 working days from receipt of the order, in the case of payment by bank transfer/advance payment 7 to 21 days after receipt of payment. We will point out any deviating delivery times on the respective product page. The start of the delivery time specified by us is subject to the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address in the order.
(2) If the supplier is unable to deliver the ordered goods through no fault of his own because the supplier of the supplier does not fulfill his contractual obligations, the customer will be informed immediately that the ordered goods are not available. Any payments already made by the contractual partner will be reimbursed immediately. The customer's statutory claims shall remain unaffected.
(3) In the case of entrepreneurs, the risk of deterioration or loss of the goods shall pass to the customer when the delivery item is handed over to the transport company. If the handover or shipment is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day of notification that the delivery item is ready for shipment.

§ 6 Default of acceptance

(1) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. This shall not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
(2) Interest shall be charged on the purchase price during the period of default. The default interest rate is five percentage points above the base interest rate per annum. In the case of legal transactions between entrepreneurs, the interest rate shall be eight percentage points above the prime rate.
(3) For his part, the customer reserves the right to prove that no damage has been incurred in the amount demanded, or at least that it is significantly lower. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

§ 7 Warranty

(1) In the event of a defect in the purchased artwork, the customer has the right to withdraw from the contract. Due to the unique nature of the artwork, repair or replacement options are not available.
(2) If the customer opts for withdrawal, they are entitled to a full refund of the purchase price upon return of the defective item. This does not affect any additional claims for damages the customer may have.
(3) For customers who are entrepreneurs within the meaning of § 14 BGB, the following warranty conditions apply:
• Obvious defects must be reported to us in writing immediately, no later than 14 days after delivery. Hidden defects must be reported within 14 days of their discovery. Failure to report defects within these timeframes will exclude warranty rights related to those defects, unless we have fraudulently concealed the defect or provided a guarantee.
• Warranty claims expire—except in cases involving claims for damages—within one year of delivery of the purchased artwork.
(4) The limitations and reductions in warranty periods specified here do not apply to claims for damages or reimbursement of expenses in cases where:
• The defect has been fraudulently concealed,
• The purchased item has been used as intended in a building and caused its defectiveness, or
• Other statutory provisions expressly require a longer warranty period.

§ 8 Limitation of Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses as follows:
(1) The Seller shall be liable without limitation for any legal reason:
• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a guarantee, unless otherwise specified in the contract,
• under mandatory statutory provisions, such as those of the Product Liability Act.
(2) For cases of simple negligence involving a breach of essential contractual obligations, the Seller’s liability is limited to the foreseeable, contract-typical damages. Essential contractual obligations are those duties that are fundamental to achieving the contract’s purpose, enabling its proper execution, and on which the Customer may regularly rely.
(3) Any further liability of the Seller is excluded.
(4) The above limitations on liability shall also apply with respect to the Seller’s liability for actions of its vicarious agents and legal representatives.

§ 9 Information on Online Dispute Resolution and Consumer Arbitration

The European Commission provides a platform for online dispute resolution (ODR), accessible via the following link: https://ec.europa.eu/consumers/odr. This platform serves as a resource for the out-of-court resolution of disputes arising from online purchase or service contracts involving consumers. The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for any disputes arising from this contractual relationship is the court at the Provider’s registered office. This also applies if the Customer does not have a residence within the European Union. The location of the Provider’s registered office is specified in the header of these GTC.
(3) Should any provision of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected.