General Terms and Conditions of Sale

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1 Scope of the general terms and conditions
1.    These general terms and conditions of business (hereinafter referred to as "GTC") apply to the ordering of goods and services in the online store www.astridlink.com of Astrid Link, freelance artist (IdNr: 31 974 086 158), Karl-Haider- Straße 5, 81477 Munich, Tel: 00 49 1743745416, E-Mail: linkastrid@gmail.com (hereinafter referred to as "Astrid Link"). The General Terms and Conditions do not apply to individual orders for works, even if initial contact has been made via the online store. 

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1.2 Astrid Link objects to the application of all other terms and conditions of the Customer (hereinafter: "Customer").  
1.3 The T&Cs also apply to third parties on whose behalf a contract is concluded.

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2. Conclusion of the contract

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2.1 Product presentations in the Astrid LINK Internet store do not constitute a binding offer to conclude a contract, but an invitation to the customer to submit a purchase offer. Only by placing an order does the customer make a binding offer. As soon as the customer has submitted an offer, Astrid LINK will send the customer an e-mail confirming receipt of the order by Astrid LINK, listing its details (order confirmation) and simultaneously representing acceptance of your offer. With this e-mail confirmation, the purchase contract between the Customer and Astrid Link is concluded.

2.2 When purchasing via the online order form, the customer must provide the following information Title of the selected work (merchandise), the corresponding price listed in the online store, the customer's address, choice of payment method and choice of delivery method (pick-up from the seller or delivery, by your transport company or a transport company commissioned by Astrid LINK). By sending the order via the corresponding button - which is marked "Confirm and send" - the customer submits a binding offer to Astrid LINK. Only with the acceptance of the offer does an obligation to deliver the goods arise. Before sending the order, the customer has the possibility to check and change all details again (also by using the "back" function of the Internet browser). Upon receipt of this form, Astrid LINK will send you an order confirmation by e-mail with a summary of your order (ordered products, order number, order date) as well as the total cost, which includes the price of the products and, if applicable, the delivery costs. If you wish to collect the goods from the seller (Karl-Haider-Straße 5, 81477 Munich), Astrid LINK will contact you to arrange an appointment.

2.3 The customer is obliged to provide his current address.

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3 Prices and payment

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3.1 All prices on www.astridlink.com are in Euros. Astrid Link, as a small company, is not subject to VAT. Therefore, all prices are to be understood as gross final prices including packaging costs, but plus shipping and transport insurance costs and, in case of delivery abroad, customs duties and other charges. Value added tax is therefore not indicated and cannot be deducted. 
3.2 The purchase price must be paid in advance by the customer by bank transfer or PayPal.

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4. Shipping 

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4.1 The goods can be collected by the Customer directly from Astrid Link or by a logistics company hired by the Customer by appointment. Astrid Link also offers to ship the goods to the Customer on behalf of the Customer. The shipping costs and, if applicable, the transport insurance costs incurred will be indicated to the Customer as an option in the order confirmation. Astrid Link will only dispatch the goods on behalf of the Customer after full payment of the dispatch costs and, if applicable, the transport insurance costs.  

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4.2 In the event of delivery abroad, the Customer is responsible for compliance with customs regulations, for observing all import regulations and laws of the country concerned and for bearing the costs thereof.

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4.3 Delivery within five working days after receipt of payment. Any complaint by the customer in this regard must be sent by e-mail to contact@astridlink.com, indicating the name, address and invoice number of the customer.

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4.4 If the Customer is a consumer and has instructed Astrid Link to transport the Goods, Astrid Link shall bear the risk of accidental loss of the Goods in transit. If the order is placed by a contractor, the contractor shall bear the risk of accidental loss of the goods in transit.

5. Retention of title
All goods delivered remain the property of Astrid Link until full payment has been made. 6.

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6. No sale to commercial customers

6.1 The goods offered in the Internet store are sold only to consumers and entrepreneurs as end users. Commercial resale of goods is not permitted. Astrid Link therefore reserves the right not to accept contract offers that give the impression that they are made for the purpose of commercial resale of goods.

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7. Consumer's Right of Withdrawal

7.1 If the customer is a natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to his or her commercial or independent professional activity (consumer), the customer has a right of withdrawal in accordance with § 312g in conjunction with § 355 BGB.

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7.2 The right of withdrawal is explained as follows:

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Right of withdrawal

You have the right to withdraw within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Astrid LINK - Karl-Haider- Straße 5, 81477 Munich, Tel: 00 49 1743745416, E-Mail: linkastrid@gmail.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample withdrawal form linked below, which is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.

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Consequences of withdrawal 

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If you exercise your right of withdrawal, Astrid LINK undertakes to reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the date on which we received notification of your withdrawal from this contract. For this refund, Astrid LINK will use the same payment method that you used for the original transaction, unless otherwise expressly agreed with you; in no event will you be charged for this refund.

Astrid LINK may refuse to issue a refund until it has received the goods or you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to Astrid LINK without delay and in any event no later than fourteen days from the date on which you notify us of your withdrawal from this Agreement. The deadline is met if you send the goods before the expiry of the fourteen-day period. 

You will be responsible for the direct costs of returning the goods. You will 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 the condition, properties and functioning of the goods.

End of the withdrawal procedure

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7.3 You can also download the attached sample cancellation form. Cancellation form for download in PDF format.

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7.4 In the event of withdrawal, it is agreed that the customer shall bear the direct costs of returning the goods. 

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7.5 Exclusion of the right of withdrawal: The right of withdrawal does not exist, unless otherwise agreed, according to § 312 g Abs.2 Nr. 1 BGB (German Civil Code) for contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

 

8 Liability
Claims for damages by the customer are excluded. Claims for damages by the Customer for injury to life, body or health as well as liability for other damages based on an intentional or grossly negligent breach of duty by Astrid Link, its legal representatives or its vicarious agents are excluded. In addition, liability for the breach of obligations, the performance of which is essential for the proper execution of the contract and which the Customer can regularly expect to be complied with, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, Astrid Link shall only be liable for foreseeable damage typical of the contract, unless the Customer's claims for damages are based on injury to life, body or health. The provisions of the Product Liability Act remain unaffected.

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9. Claims for defects in the goods

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9.1 During the limitation period for claims for defects, the Customer may assert claims against Astrid Link for defects in the goods. 

9.2 For consumers 

a) In the case of new goods, a limitation period of two years applies from the handover of the goods. For used goods, a limitation period of one year shall apply from the handover of the goods.

b) the statutory warranty rights shall apply.

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9.3 With regard to contractors

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1. Claims for defects shall become statute-barred within 12 months of the handover of the goods. Claims for compensation for injury to life, body or health based on a negligent breach of duty by Astrid Link or on an intentional or negligent breach of duty by a legal representative or vicarious agent of Astrid Link are excluded. 

a)    In the case of the purchase of new goods, the Buyer's right to subsequent performance is limited, provided that subsequent performance has not failed. In this case, the Buyer may reduce the purchase price. 

b)    Obvious defects must be reported in writing within 5 days after receipt of the agreed performance. Otherwise, the goods shall be deemed to have been accepted. 

c)     Hidden defects must be reported in writing within 5 days of their discovery. Otherwise, the goods shall be deemed to have been approved.

 

9.4 Astrid Link has the right to choose between the delivery of a new item or the repair of the defective item. Otherwise the statutory warranty applies.

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9.5 The assignment of claims for defects against Astrid Link by a contractor is excluded.

10 Copyright

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10.1 Works created by Astrid Link which are available as goods in the Internet store are protected by copyright worldwide. The unrestricted right of use and the copyright are retained by Astrid Link. The acquisition and purchase of the goods includes the conditional right/copyright for the customer to use the goods (portrait/painting) in his advertisements, brochures, websites and flyers (for private use only). Publications of the goods are only allowed with the mention of the name according to § 13 UrhG, the rights and the copy of the voucher. The same applies if a copyrighted portrait/painting is passed on to third parties for editorial and/or advertising purposes. The Customer is not permitted to produce, reproduce or distribute the images himself or through third parties. 

10.2 Astrid Link is entitled to use copies of the goods for its own advertising purposes.

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11. Data protection

11.1 Astrid Link stores, processes, catalogs and uses the personal data provided by the Customer in order to execute the order. Astrid Link will inform the Customer that the data relating to the order and address will be stored. The customer's data is stored and used for the purpose of processing the order. Astrid Link does not pass on the customer's personal data to third parties. The only exceptions are our service partners who we need to process the contractual relationship. In these cases, we strictly adhere to the requirements of the Federal Data Protection Act. The extent of data transfer is limited to the minimum. The customer has the right at any time to be informed free of charge about his stored data as well as the right to correct, delete or block them. The request should be addressed to Astrid Link, Karl-Haider- Straße 5, 81477 Munich, telephone: 0049 1743745416, e-mail: linkastrid@gmail.com

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12 Final Provisions 

12.1 The contractual language is German.
12.2 If one or more provisions of these GTC are or become incomplete, legally invalid or unenforceable, the validity of the remaining provisions shall not be affected.
12.3 These General Terms and Conditions as well as all executed transactions shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods), even if orders are placed from abroad (outside of Germany) or if deliveries are made abroad. Furthermore, in the case of cross-border sales within the EU, the consumer protection provisions guaranteed as mandatory law of the state in which the consumer has his or her usual residence shall remain applicable.
12.4 The place of jurisdiction and performance for all disputes arising from the contractual relationship is Munich, unless mandatory consumer protection law precludes this choice of law.