General Terms and Conditions and Customer Information for B2B

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Artland GmbH) via the website www.artlandgmbh.de, unless a modification has been agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We offer our products for sale only to natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction (entrepreneurs). A contract conclusion with consumers is excluded.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) You can submit a binding contract offer (order) by telephone, email, fax, post, or via the online shopping cart system.

When purchasing via the online shopping cart system, the goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the button "Checkout" or "Proceed to Order" (or similar designation) and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, you have the opportunity to check, change (also via the "back" function of the Internet browser), or cancel the order. By submitting the order via the corresponding button, you submit a binding offer to us.

(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g., email), in which the execution of the order or the delivery of the goods is confirmed (order confirmation).
If you do not receive a corresponding message, you are no longer bound to your order. Any services already provided will be refunded immediately in this case.

(5) Upon request, we will create an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days (unless a different period is specified in the respective offer). You accept the offer with confirmation in text form.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, the receipt of emails is technically ensured, and, in particular, not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You provide us with the information, texts, or files required for the individual design of the goods via the online order system or at the latest immediately after the conclusion of the contract by email. Our specifications for file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims asserted by third parties in this context. This also applies to the costs of the necessary legal representation in this context.

(3) We do not check the transmitted data for content accuracy and assume no liability for errors.

(4) If specified in the respective offer, you will receive a correction template from us, which you must check immediately. If you agree with the draft, you release the correction template for execution by counter-signing in text form (e.g., email). The design work will not be carried out without your approval. You are responsible for checking the correction template for accuracy and completeness and informing us of any errors. We assume no liability for non-complained errors.

§ 4 Prices, Payment Terms, and Shipping Costs

(1) The prices listed in the respective offers as well as the shipping costs are net prices. They do not include the statutory value-added tax.

(2) The shipping costs incurred are not included in the purchase price; they are calculated separately unless free shipping is promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.

(3) If delivery is made to countries outside the European Union, additional costs may be incurred that we are not responsible for, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which you must bear.

(4) Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

(5) You have the payment options specified under a correspondingly designated button on our website or in the respective offer. Unless otherwise specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or on the invoice.

§ 5 Delivery Conditions

(1) The expected delivery period is specified in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of prepayment by bank transfer, the goods will only be shipped after the full purchase price and shipping costs have been received by us.

(2) If a product ordered by you is unexpectedly unavailable despite timely conclusion of an adequate hedging transaction for reasons for which we are not responsible, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) Shipping is at your risk. If you wish, the shipment will be insured with appropriate transport insurance, the costs of which you must bear.

(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged with additional shipping costs.

§ 6 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

• for damages culpably caused by us from injury to life, body, or health and in the case of other damages caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
• for statutory recourse claims that you have against us in connection with defect rights.

(2) Only our own information and the product description of the manufacturer are deemed to be agreed as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.

(3) In the event of defects, we provide warranty at our discretion by rectification or replacement. If the defect rectification fails, you can, at your discretion, demand a reduction or withdraw from the contract. The defect rectification is deemed to have failed after the second unsuccessful attempt unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

§ 7 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

(3) You can resell the goods in the ordinary course of business. In this case, you already now assign all claims arising from the resale to us in the amount of the invoice value, and we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

(4) In the event of the combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 8 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies to the exclusion of the UN Sales Convention.

(2) The place of performance and jurisdiction is our registered office, provided you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

II. Customer Information

1. Identity of the Provider

Artland GmbH
Rotter Bruch 17
52068 Aachen
Germany
Phone: +49 241 886900
Email: info@artlandgmbh.de

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order or the request, the contract data can be printed out or electronically secured using the print function of the browser.

Last update: 29.11.2022