General terms and conditions

General terms and conditions with customer’s information

1. Area of application
2. Offers and service descriptions
3. Order process and contract conclusion
4. Prices and forwarding expenses
5. Delivery, goods availability
6. Methods of payment
7. Retention of title
8. Material defect guarantee and guarantee
9. Liability
10. Storage of the contract text
11. Legal venue, applicable right, Vertragssprache

1. Area of application
1.1. For the business relation between Tomaso Baldessarini, Stahlheimer street 4, 10439 Berlin (in the following “sellers”) and the customer (in the following “customer”) are valid exclusively the following general terms and conditions in her version valid at the time of the order.
1.2. They reach our customer service for questions, complaints and objections on workdays FROM 9:00 O’CLOCK TO 18:00 O’CLOCK under e-mail under tomaso@baldessarinistudio.com.
1.3. Consumer for the purposes of these GTCT is every natural person who closes a legal deal for a purpose, predominantly neither her commercial ones nor her independent professional activity can be added (§13 Civil Code).
1.4. Divergent conditions of the customer are not recognised, unless, the seller agrees to her validity expressly.

2. Offers and service descriptions
2.1. The representation of the products in the on-line shop shows no juridically binding offer, but a request on the sale of an order. Service descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid „as long as the stock it reaches“ if not with the products something else is noted. For the rest, mistakes are left.

3. Order process and contract conclusion
3.1. The customer can select from the range of the seller’s products without obligations and collect this about the button “in the basket of goods” in a so-called basket of goods. Within the basket of goods the product choice can be extinguished changed, e.g. Afterwards the customer within the basket of goods about the button “of wide to the cash desk” can walk for the conclusion of the order process.
3.2. About the button “liable to payment order” the customer hands in an obliging application for the purchase of the goods located in the basket of goods. Before dispatch of the order the customer can change the dates any time and see as well as go down with the help of the browser function “back” to the basket of goods or break off the order process in total. Necessary specifications are marked with a starlet (*).
3.3. As a result the seller sends to the customer an automatic receipt by e-mail in which the order of the customer is performed again and which the customer about the function “printing” can print out (order confirmation). The automatic receipt documents merely that the order of the customer has come with the seller and shows no acceptance of the application. The sales contract comes about only when the seller sends the ordered product within 2 days to the customer, has handed over or has confirmed the dispatch to the customer within 2 days with the second e-mail, explicit purchase or or sending of the invoice.
3.4. Should the seller allow a prepayment payment, the contract comes about with the provision of the bank dates and demand for payment. If the payment in spite of maturity has also not come by renewed request up to one time of 10 calender dates after sending the order confirmation with the seller, the seller of the contract steps back with the result that the order lapses and meets the seller no duty of delivery. Then the order is dealt with for the buyer and seller without other results. Hence, a reservation of the article on prepayment payments follows at the latest for 10 calender dates.

4. Prices and forwarding expenses
4.1. All prices which are quoted on the website of the seller get on including the in each case valid legal sales tax.
4.2. In addition to the quoted prices the seller calculates forwarding expenses for the delivery. The forwarding expenses are clearly informed of the buyer on a separate side of information and within the scope of the order process.

5. Delivery, goods availability
5.1. So far prepayment is agreed, follows the delivery after entrance of the invoice amount. (Please, notice that the option performed in the shop of the “advance order” is excluded from this point. For this are valid the separate delivery times performed in the shop.)

5.2. Should the delivery of the product fail by fault of the buyer in spite of triple Auslieferversuchs, the seller can withdraw from the contract. If necessary made payments are immediately refunded for the customer.
5.3. If the ordered product is not available because the seller is not supplied with this product of his supplier without own fault, the seller can withdraw from the contract. In this case the seller will immediately inform the customer and suggest to him if necessary the delivery of a comparable product. If no comparable product is available or the customer wishes no delivery of a comparable product, the seller will immediately already refund produced quid pro quo for the customer if necessary.
5.4. Customers are informed for delivery times and restrictions of delivery (e.g., restriction of the deliveries on certain countries) on a separate side of information or within the respective product description.

6. Methods of payment
6.1. The customer can choose within the scope of and before conclusion of the order process from the available methods of payment. Customers are informed about the available meanses of payment on a separate side of information.
6.2. If the payment is possible by invoice, the payment has to follow within 30 days on receipt of the product and the invoice. With all other payment manners the payment has to follow in advance without deduction.
6.3. If third suppliers are instructed with the payment liquidation, e.g., Paypal are valid their general terms and conditions.
6.4. If the maturity of the payment is determined after the calendar, the customer is behind already by Versäumung of the date. In this case the customer has to pay the legal interests for delay.
6.5. The liability of the customer to the payment of interests for delay does not exclude the assertion of other delay damages by the seller.
6.6. A right to the compensation is entitled to the customer only if his counterclaims are ascertained legally or are recognised by the seller. The customer can use a retention right only, as far as the claims from the same contractual relationship result.

7. Retention of title
Up to the entire payment the delivered goods remain in the property of the seller.

8. Material defect guarantee and guarantee
8.1. The guarantee determines itself according to legal regulations.
8.2. A guarantee exists with the goods delivered by the seller only if this was expressly handed in. Customers are informed about the guarantee conditions before the introduction of the order process.

9. Liability
9.1. The following disclaimers of liability and limitations are valid regardless of the other legal claim conditions for a liability of the seller on compensation.
9.2. The seller sticks unrestrictedly, as far as the damage cause is based on intention or coarse carelessness.
9.3. Further the seller sticks for the slightly careless injury of essential duties whose injury endangers the reaching of the contract purpose, or generally only allows for the injury of duties, which fulfilment the proper realisation of the contract and trusts in their observance the customer regularly. Nevertheless, in this case the seller sticks only for the predictable damage typical for contract. The seller does not stick for the slightly careless injury more different than the duties called in the preceding clauses.
9.4. The preceding restrictions of liability are not valid by injury of life, body and health, for a shortage after acquisition of a guarantee for the state of the product and with cunningly hidden shortages. The liability according to the product liability law remains untouched.
9.5. As far as the liability of the seller is excluded or is limited, this is also valid for the personal liability of employees, sales representatives and fulfilment assistants.

10. Storage of the contract text
10.1. The customer can print out the contract text before the sale of the order to the seller, while he uses the pressure function of his browser in the last step of the order.
10.2. Moreover, the seller sends an order confirmation with all order dates to the e-mail address stated by Him to the customer. With the order confirmation the customer receives further a copy of the GTCT together with cancellation instruction and the tips to forwarding expenses as well as delivery terms and terms of payment. Provided that you should have registered yourselves in our shop, you can see in your profile area your given up orders. In addition, we store the contract text, make him, nevertheless, on the Internet not accessible.

11. Final regulations
11.1. Court stand and place of delivery is the seat of the seller if the customer is a businessman, legal entity of the public law or public law special property.
11.2. Vertragssprache is German.
11.3. Platform of the European Commission to the on-line quarrel settlement (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not ready and are not obliged in a quarrel settlement procedure to take part before a consumer’s arbitration place.