1. Scope of Application, Definitions
2. Contract Language, Contract conclusion, Storage of the contract text
3. Subject of the contract, main characteristics of the products
4. Prices, shipping costs and delivery
5. Payment methods
6. Right of Withdrawal
7. Retention of title, Right of retention
8. Damages in transit
9. Warranties, Liability
10. No Granting of Rights of Use
11. Data Protection
12. Online Dispute Resolution
13. Final provisions

1. Scope of Application, Definitions

1.1 Hans-Jörg Seidler, Innerer Nordbahnhof 1, 70191 Stuttgart, Germany (hereinafter: „HJS“ or „we“) operates an online shop for goods under the website https://atelier-hjs.de/shop. These General Terms and Conditions of Business (hereinafter: „T&C“) apply to all orders placed via the online shop of HJS and the associated services between us and our customers (hereinafter: „customer“ or „you“) in the version valid at the time of the order.

1.2 „Consumer“ in the sense of these T&C is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity.

1.3 „Entrepreneur“ within the meaning of these T&C is any natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

1.4 The following applies to entrepreneurs: If the Entrepreneur uses conflicting or supplementary General Terms and Conditions of Business and/or its own terms and conditions of purchase, their validity is hereby expressly objected to; they shall only become an integral part of the contract if we expressly agree to them in writing.

2. Contract Language, Contract conclusion, Storage of the contract text

2.1 The language available for the contract conclusion is German.

2.2 The presentation of products in the online shop of HJS does not constitute a legally binding offer, but rather a non-binding invitation to order products from the online shop of HJS.

2.3 When an order is received in our online shop, the following regulations apply: The customer submits a binding offer of contract by successfully completing the ordering procedure provided in our online shop.

The order shall be effected by the following steps:

– Selection of the desired goods

– Adding products to the shopping cart by clicking the appropriate button („Add to Cart“)

– Review the details in the shopping cart

– Go to the order overview by clicking the appropriate button („Proceed to Checkout“),

– Input and verification of your address and contact data, selection of payment method, confirmation of the T&C and the Instructions on Withdrawal as well as the privacy policy.

– Conclusion of the order by clicking the button „Commit to Buy / Complete order“. This represents your binding order.

– The confirmation of receipt of your order is sent by e-mail immediately after sending the order.

2.4 When the contract is concluded with us depends on the payment method you have chosen:

PayPal Plus – As part of the payment service PayPal Plus we offer you different payment methods as PayPal Services (PayPal, Direct debit, Credit card). After placing your order you will be redirected to the website of the online payment service PayPal. There you can enter your payment details and confirm the payment order to PayPal. Thereby the contract with us is concluded.

2.5 If a contract is concluded, the contract shall be concluded with HJS – Atelier für Visuelle Kommunikation, Hans-Jörg Seidler, Innerer Nordbahnhof 1, 70191 Stuttgart, Germany.

2.6 Before ordering, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the T&C and the Instructions on Withdrawal, is carried out by e-mail after you have placed the order, partly automatically. After the conclusion of the contract we do not save the text of the contract completely.

2.7 You can check and correct your entries at any time before sending your binding order by using the correction aids provided for this purpose in the order process. Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser‘s „Back Button“). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.

2.8 The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

3. Subject of the contract, main characteristics of the products

3.1 The subject of the contract is the sale of goods. You can see the concrete offered goods on our article pages.

3.2 The main characteristics of the goods are to be found in the respective article description.

4. Prices, shipping costs and delivery

4.1 The prices quoted in the respective offers are final prices including value added tax. Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers, in the shopping cart, the checkout and the order overview of the online shop before you complete the order process.

4.2 The respective purchase price is to be paid before delivery of the product (payment in advance). The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due for payment immediately.

4.3 All offered products are, if not clearly stated otherwise in the product description, immediately ready for dispatch. The delivery time depends on the selected delivery address. For more information on delivery times, please refer to the Shipping Information page.

4.4 We only deliver by dispatch. Unless otherwise agreed, delivery will be made from our warehouse to your private address or to the delivery address you have specified. It is not possible to collect the goods yourself. We do not deliver to packing stations. The delivery takes place worldwide.

4.5 When products are imported into countries outside of Germany, import duties may be incurred, which you must bear. These vary in the respective customs territories. You are responsible for the proper payment of the necessary customs duties and fees.

5. Payment methods

5.1 The following payment methods are available in our shop:

PayPal Plus

Within the framework of the payment service PayPal Plus we offer you different payment methods as PayPal Services (PayPal, Credit card via PayPal, Direct debit via Paypal). You will be forwarded to the website of the online payment provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

– PayPal

If you have chosen the payment method PayPal, you have to be registered there to be able to pay the invoice amount or you have to register first and legitimize with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process.

– Credit card via PayPal

If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. Immediately after confirmation of the payment order and after your legitimation as the rightful cardholder, the payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process.

– Direct debit via PayPal

If you have chosen the payment method direct debit, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited.  You will receive further instructions during the ordering process.

Further information on the payment methods can be found in the order process on the checkout page and at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.

6. Right of Withdrawal

As a consumer (see section 1.2) you have the legal right of withdrawal. This depends on our Instructions on Withdrawal.

7. Retention of title, Right of retention

7.1 The goods remain our property until full payment of the purchase price.

7.2 You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

8. Damages in transit

8.1 For consumers (see section 1.2) the following applies: If goods are delivered incomplete, with obvious defects or transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

8.2 For entrepreneurs (see section 1.3) the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9. Warranties, Liability

9.1 Unless expressly agreed otherwise, your warranty rights shall be governed by the statutory provisions of the law on sales (Sections 433 et seqq. BGB [German Civil Code]).

9.2 In the case of the purchase of used goods by consumers (see clause 1.2) the following applies: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

9.3 For entrepreneurs (see section 1.3), the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods shall be made under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

9.4 If the delivered item is defective, we shall initially provide entrepreneurs with a warranty for rectification of defects or replacement (subsequent performance) at our discretion. If the supplementary performance fails twice, you can choose to demand a reduction in price or withdraw from the contract.

9.5 The above restrictions and shortening of deadlines shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

– in the event of loss of life, physical harm or health damages

– in the event of intentional or grossly negligent breach of duty and fraudulent intent

– in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal duties)

– within the framework of a guarantee promise, if agreed

– as far as the area of application of the product liability law is opened.

– otherwise claims for damages are excluded

10. No Granting of Rights of Use

By purchasing the product you merely acquire in rem ownership of the product. No other rights of use of any kind whatsoever are granted to the product. Any reproduction (duplication), distribution, rental, making available to the public or other analog or digital exploitation of the purchased product is not permitted, unless allowed by law. However, you are permitted to resell the purchased product.

11. Data Protection

For the purpose of fulfilling and processing the purchase contract with you, we collect, process and use your personal data. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process. Further information on data processing and data protection is contained in our privay policy.

12. Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here (https://www.ec.europa.eu/consumers/odr). We are not willing, nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final provisions

13.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer‘s habitual residence is not thereby withdrawn (principle of favourability).

13.2 The provisions of the UN Sales Law are expressly not applicable.

13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

13.4 Should one or more provisions of these T&C be or become ineffective, this shall not affect the validity of the remaining provisions.

As of: 1.6.2020

Right of Withdrawal

You have the right to withdraw this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (HJS – Atelier für Visuelle Kommunikation, Hans-Jörg Seidler, Innerer Nordbahnhof 1, 70191 Stuttgart, Deutschland, brief@hjseidler.de, Phone: +49 170 2984974) about your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached Model Withdrawal Form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the withdrawal

If you withdraw this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Download Model Withdrawal Form here.

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