General terms and conditions
General / contractual partners, scope(1) artvation, Spenger Straße 50b, 32130 Enger, owner: Annika Könemann, e-mail: firstname.lastname@example.org (hereinafter referred to as "artvation" or "we"/"us"), sells goods from the artvation line at the specialty store from the company headquarters and to specialty stores and consumers under the internet address www.artvation.com (hereinafter referred to as "Website"). The current powers of representation of artvationare stated in the legal notice.
(2) The General Terms and Conditions set forth below, in the version valid at the time of ordering, shall apply exclusively to all orders you place with NHC and to our deliveries and services. We do not accept any deviation terms and conditions of the customer.(3) Any other terms and conditions possibly agreed with the customer shall herewith become invalid. (4) The General Terms and Conditions, in the version valid at the time of ordering, shall likewise apply to future orders, even if they are not expressly agreed upon again.
Conclusion/formation of contract, terms and conditions of use of the Website(1) The offers are made to customers having an invoice and delivery address in any country of the world. (2) Orders and other declarations of intention of any kind shall be legally binding only if they are made in German or English or if we acknowledge them within ten days. (3) The NHC online shop www.shop.horsesgame.com is basically making a distinction between two different customer groups: private customer and dealer customers. Different terms of payment and delivery may apply to the customer groups. (4) Presentation of the goods on the Website www.noblehorsechampion.com is not an offer by artvation to conclude a purchase agreement, but a request to our customers to make an offer to us. By sending the order form provided at our Website to us, you will make a binding offer to conclude a purchase agreement with us. You will submit an offer to us if you enter all necessary details during the ordering process and send the order form to us by pressing the "Order with liability to pay" button. Prior to acknowledging the button, you will be shown an overview of the data you have entered and be given an opportunity to correct any incorrect input. We shall be entitled to accept your offer within two weeks - outside the EU within three weeks. Upon receipt of your order by us, we shall send you an acknowledgement of receipt by e-mail in which the details of your order are stated. This acknowledgement of receipt is not a declaration of acceptance of your offer of contract, but provided for your information only. The purchase agreement between you and artvation will be concluded only if and to the extent to which we accept the offer by sending the goods ordered or by giving our express written declaration of acceptance, which may also be sent by e-mail. artvation shall be entitled to not accept an offer made by you without stating reasons, in particular, but not limited to, if there is reasonable suspicion that the goods purchased via the internet are to be resold at a commercial scale by persons who are not approved NHC dealers. If we do not declare acceptance - including by sending the goods ordered - within the time limit, your offer shall be invalid. (5) If payment is made in advance, the goods shall be sent only after the full purchase price and the shipping charges have been credited to our account. (6) If you have ordered several products at the same time, the individual products may be delivered at different times. Section 266 BGB [German Civil Code] shall not be affected. In such cases, shipping charges shall be charged just once. (7) The goods offered by artvation are shown on the Website in the form of digital photographs of the real goods. Slight deviations between that representation and reality shall not be a defect of the goods.
Prices and shipping charges
(1) The prices shall apply as stated on the Website www.shop.horsesgame.com at the time your offer is received.For private customers, all prices stated are including the applicable statutory value-added tax valid at the time, excluding the cost of packaging and shipping. All amounts are stated in EUR. For dealers, all prices are stated as net prices. The applicable statutory value-added tax valid at the time and the cost of packaging and shipping shall be added to these net prices. All amounts are stated in EUR.
(3) For the amount of the packaging, shipping and insurance costs, please see at the heading "Shipping charges and delivery" in our online shop.
Terms of payment(1) Consumers can pay for the articles in the NHC online shop by credit card, PayPal, instant bank transfer or NHC gift voucher. However, we reserve the right to exclude certain payment methods in an individual case. Payment cannot be made by sending cash or cheques. If payment is made by any online payment method (e.g. PayPal, instant bank transfer etc.), the customer expressly authorises us to collect the amounts due at the time of the order. (2) If payment is made by PayPal, NHC will redirect you to https://www.paypal-deutschland.de. There, you will be asked to log on with your PayPal password. The data of your order and the invoice amount are taken over automatically and, following your confirmation, the invoice amount will be debited directly to your account. For more information please see at www.paypal-deutschland.de/privatkunden/was-ist-paypal.html. Please note that payment by PayPal is available only to private customers. We reserve the right to exclude any of the payment methods named above. If the customer is in default of payment or if a debit note is returned, we shall be entitled to claim damage caused by delay (e.g. collection charges, overdue fines, default interest, return debit note charges, storage costs). (,) Dealer customers can order goods from the NHC online shop by prepayment or per SEPA direct debit. The payment method chosen by it is assigned to each dealer customer which will be shown in writing to the customer on the invoice. Should a debit note be returned, we shall be entitled to claim damage caused by delay (e.g. collection charges, overdue fines, default interest, return debit note charges).
Prohibition of set-off and of retention(1) The customer shall not be entitled to set off its own claims against our claims for payment, unless the customer's claim is not disputed or has been determined without further legal recourse. The customer shall not be entitled to claim any right of retention with respect to our claims for payment - including based on notice of defects -, unless the customer's claim is resulting from the same order or the same contractual relationship. (2) In business dealings, the purchaser shall not have a right of retention or a right to withhold performance, with the exception of undisputed claims, legally established claims or claims based on rectification of defects under the same contract.
Delivery terms, passing of the risk(1) Delivery shall be made ex warehouse to the delivery address provided by the customer. (2) The estimated delivery time results from the catalogue provided on our homepage. Information regarding delivery times is without commitment, save where, as an exception, the delivery date is promised bindingly and in writing. All deliveries are subject to the condition that delivery to ourselves will be made in due time and properly. (3) Should NHC, for example in the event of delivery to ourselves not being made in time, fail to deliver the goods ordered within the time limit specified in Section 2.4 hereof, NHC shall without delay refund any payment already made. The customer shall not have any other claims in this respect.
Reservation of title
(1) The goods ordered shall remain the property of artvation until all objects of purchase delivered to the customer have been paid for in full.(2) Until ownership has been transferred, any resale, letting, pawning, transfer by way of security, processing and any other disposal or transformation of the goods ordered from NHC shall not be permissible, except with our express consent. (3) If any resale, letting, pawning, transfer by way of security, processing or other disposal is nevertheless effected by a customer which is not a consumer, the customer shall already hereby assign to us as security any and all claims and rights to which it may be entitled with respect to this.
Rights in the case of defectsShould the object of purchase be defective, private customers and dealer customers shall have the statutory rights regarding warranty/liability for defects. The limitation period for statutory claims for defects shall be two years in the case of private customers and one year in the case of dealer customers, starting from the date of delivery, i.e. receipt of the object by the purchaser. The special terms and conditions set forth in Section 9 of these GTC shall apply in addition to the customer's claims for damages. Where any guarantee is advertised, the details shall result from the terms of guarantee which shall be provided in text format at the latest upon delivery.
(1) Claims for damages and claims for reimbursement of expenses on the part of the customer, for whatever legal reason, shall be ruled out.
(2) This exclusion of liability shall not apply:
- In the event of any damage caused wilfully or grossly negligently
- In the event of a negligent breach of a material contractual obligation, including by legal representatives or vicarious agents of NHC. In this respect, NHC shall be liable only for the foreseeable direct average damage typical for the contract. Any liability for consequential damage (in particular lost profit) shall be ruled out, even if it had been foreseeable.
- In the event of culpably caused injury to life, body or health of the customer or its vicarious agent.
- In the event of fraudulent concealment of a defect or any warranty provided for the quality of goods.
Information about your right of revocation
(1) You have the right to revoke this contract within fourteen days without stating a reason.The revocation deadline is fourteen days from the day on which you or any third party named by you that is not the carrier has taken possession of the last goods. To exercise your right of revocation, you must notify us, check the page recovation for further information.
Exclusion of the right of revocation / premature expiry of the right of revocationOnly consumers as defined in Section 13 BGB have this right of revocation. A consumer is any natural person concluding a legal transaction for a purpose which cannot be attributed to its commercial or self-employed activity. The right of revocation does not apply to contracts with entrepreneurs if the order is placed for the customer's commercial business operations. Furthermore, the right of revocation does not apply to contracts
- regarding the delivery of goods which are not prefabricated and the production of which is subject to an individual selection or directions by the customer or which clearly are tailored to the customer's personal needs;
- regarding the delivery of goods which are easily perishable or the best-before date of which would soon expire.
- regarding the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for being returned if their seal has been removed after delivery;
- regarding the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- regarding the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.