AGB
General terms and conditions of business
www.norbertthen.de
Welcome to norbertthen.de!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Kunstklärwerk Norbert Then (hereinafter referred to as the "Provider") to you, in the version valid at the time of the order.
(2) Any deviating general terms and conditions of the purchaser will be rejected.
(3) Please read these terms and conditions carefully before placing an order with Kunstklärwerk Norbert Then. By placing an order with Kunstklärwerk Norbert Then, you agree to the application of these terms and conditions of sale to your order. (4) At norbertthen.de, we offer the sale of the following products:
Unique art pieces, sculptures, paintings, installations, jewelry, glasses, music
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with a billing and delivery address in: worldwide. For individual bulky items, the possible delivery addresses and delivery locations may be limited; the restriction is indicated in the respective list price.
(3) The purchaser must be at least 18 years old.
(4) The presentation of the goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to norbertthen.de to conclude a purchase contract. The customer submits a binding offer when he has completed the online ordering process by entering the requested information and clicking the "order with payment" button in the last step of the order process.
(6) The purchase contract between the provider and the purchaser is only concluded upon a declaration of acceptance by the provider. This occurs at the earlier of the two dates: either dispatch of the goods or sending a shipping confirmation via email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for quantities larger than typical household quantities, as well as the commercial resale of the purchased item, requires express confirmation from the provider. This applies both to the number of products ordered within one order and to the placing of multiple orders for the same product, where the individual orders comprise a typical household quantity.
(8) Your orders will be stored by us after the contract has been concluded. If you lose your order records, please contact us by email or phone. We will send you a copy of the order data.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and include a flat shipping fee and a shipping surcharge. Shipping surcharges vary depending on the delivery method and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We will verify prices when processing your order and before charging your payment. If a product is mispriced and the correct price is higher than the price shown on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and ship you the product.
(3) The prices valid at the time of the order apply. If list prices are available, the prices valid at the time of the order apply.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Information regarding the availability of products sold by norbertthen.de can be found on the website (e.g., on the respective product detail page). Please note that all information regarding availability, shipping, or delivery of a product is only estimated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.
(2) If norbertthen.de determines during the processing of your order that products you have ordered are not available, you will be notified separately via email or a message in your customer account. The customer's statutory rights remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with a reasonable period of time, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery will be made according to the customer's payment method. In the case of advance payment, delivery will be made after the payment order has been issued to the transferring bank. In the case of payment via PayPal, credit card, gift card, direct debit, instant bank transfer, or invoice, delivery will be made after the contract has been concluded.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Kunstklärwerk Norbert Then. Notwithstanding your right of withdrawal, you may cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.
§ 5 Customs
(1) If you order products from norbertthen.de for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches its designated destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information. (2) Furthermore, please note that when ordering from norbertthen.de, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us, and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The purchaser may pay for the goods using the following payment methods:
- Credit card
- Paypal
- Giropay
- Prepayment
(2) Certain payment methods may be excluded by the provider in individual cases.
(3) The purchaser is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer hereby authorises the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
credit card
When you place your order, you provide your credit card details. Once you have verified your identity as the legitimate cardholder, the payment transaction will be automatically processed and your card charged immediately after the goods are shipped.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction.
The payment transaction will be processed automatically by PayPal immediately afterward. Further instructions will be provided during the ordering process.
Giropay
Upon placing your order, you will be redirected directly to Giropay and asked to enter your bank code or the name of your bank. You will be automatically redirected to the login page, where you must log in with your account. Online banking is required.
For more information, see:
S-HS_AGB_giropay.pdf (s-haendlerservice.de)
Prepayment
If you pay in advance, you will be asked to transfer the amount to the specified bank account within 7 business days. Once we receive your payment, your order will be processed and shipped. The item you have chosen will be reserved for you during these 7 business days.
§ 7 Offsetting and right of retention
(1) The customer shall only be entitled to set off claims if the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The purchaser may only exercise a right of retention if their counterclaim is based on the same contractual relationship. § 8 Retention of Title Kunstklärwerk Norbert Then retains title to the goods until full payment has been made.
§ 9 Transport damage
(1) If the purchaser receives the goods with obvious transport damage, the provider requests that he/she complain about this as soon as possible.
(2) Should the customer fail to file a complaint, this will have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the provider to assert its own claims against the carrier.
§ 10 Defect Law
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered item are governed by statutory provisions: Accordingly, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods, in addition to their 30-day return guarantee, and can request the repair or replacement of products purchased from norbertthen.de if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply unless claims for damages and reimbursement of expenses are asserted that relate to damages related to bodily injury or health or to damages caused by intent or gross negligence.
§ 11 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the customer resulting from injury to life, body or health or from the breach of essential contractual obligations, as well as for other damages resulting from intentional or grossly negligent breach of duty by the provider or one of its legal representatives or vicarious agents.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract.
(3) The provider is liable for breaches of essential contractual obligations resulting from typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, body, or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) To the extent that the liability of norbertthen.de is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the purchaser is a consumer, he shall have a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment, or piece in the case of a contract for several goods of a single order or the delivery of one good in several partial shipments or pieces).
To exercise your right of withdrawal, you must:
Norbert Then sewage treatment plant
Heideweg 5
48703 Stadtlohn
Germany
Phone: 491728234952
Email: info@norbertthen.de
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period and that you have returned the goods via our online returns center within the period defined below.
For additional information regarding the scope, content and explanations of how to exercise the offer, please contact our customer service.
(3) Consequences of revocation
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to:
Norbert Then sewage treatment plant
Heideweg 5
48703 Stadtlohn
Germany
Phone: 491728234952
Email: info@norbertthen.de
You must return or hand over the goods. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The right of withdrawal does not exist or expires for the following contracts:
- for the supply of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;
- for services, if norbertthen.de has fully provided them and you have acknowledged and expressly agreed before ordering that we can begin providing the service and you lose your right of withdrawal upon full performance of the contract;
- for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but which cannot be delivered until after 30 days and whose current value depends on fluctuations in the market over which the trader has no influence.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery; for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14 Data Protection
(1) If personal data (e.g., name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to share any data with third parties unless you have given your prior consent.
(2) We point out that the transmission of data over the Internet (e.g., via email) may be subject to security gaps. Therefore, error-free and uninterrupted protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities unless the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive from norbertthen.de complete and free information about the data concerning you.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 15 Cookies
(1) We may use cookies to display our product offerings. Cookies are small text files that are stored locally in the cache of the website visitor's internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to associate the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) Please note that some of these cookies are transferred from our server to your computer system; these are usually so-called session cookies. Session cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies. A banner is available for this purpose which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard drive or so that cookies that have already been stored are deleted. Instructions on how to prevent or delete cookies can be found in the help function of your browser or software manufacturer.
§ 16 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 17 Final provisions
(1) The contract language is German.
(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use norbertthen.de with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we do not take action, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules, and terms, including these Terms and Conditions, at any time. Your order will be subject to the terms of sale, contractual terms, and terms and conditions in effect at the time you place your order, unless a change to these terms and conditions is required by law or government order (in which case, they will also apply to orders you have previously placed). If any provision of these Terms and Conditions is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.