Terms and Conditions

General 

Vertragsbedingungen im Rahmen von Kaufverträgen, die über die Online Plattform Artquisite zwischen BrandsExquisite Group – im Folgenden „Artqusite“ – und den in § 2 des Vertrags bezeichneten Kunden – im Folgenden „Kunde“ – geschlossen werden. 

1. General Scope, Definitions 

1.1. The following terms and conditions apply exclusively to the business transaction between Artquisite and the customer in the version valid at the time the order is placed. Varying customer terms will not be recognized unless the vendor has offered explicit written agreement of their validity.

1.2. The regulations outlined in these terms and conditions apply to all consumers (§ 13 BGB) and business operators (§ 14BGB), unless labelled exclusively for business operators. 

1.2.1.Consumers 

The customer is a consumer insofar as the purpose of the purchased delivery and services can not be predominantly ascribed to commercial or self-employed professional activities. 

1.2.2.Business operators

In contrast, a business operator is every individual or legal entity or partnership practicing a commercial or self-employed professional activity at the point during which the contract is concluded.

1.3. All Artquisite offers in our online shop are directed towards consumers and business operators 18 years of age and older e.g. not towards minors. Should the legal age in the customer’s respective country be older than 18 years of age, said customer may only make use of Artquisite’s online shop offer when of legal age in the country of residence.

1.4. Artquisite reserves the right to exclude customers from making purchases in our online shop if there exist doubts about the customer’s identity or financial standing or if their residence/delivery address is in a country to which the goods offered may not be exported and Artquisite is aware of this.

1.5. Artquisite reserves the right to limit the amount of goods a customer can purchase. This, for example, allows for the demand of payment for already purchased goods before a customer can continue purchasing.

2. Contract conclusion 

2.1. Order

The presentation of goods in the ARTQUISITE online shop serves the purpose of exhibiting the products for sale. Purchase of goods generally occurs in the shopping cart system. The button “place binding order” is a legally binding obligation to purchase the items found in the shopping cart. Ordering items in the shopping cart represents the customer’s binding offer to conclude a purchase contract. The purchase contract takes effect once Artquisite has sent the customer an order confirmation via automated e-mail. Should this not occur, the customer’s offer has been declined.

In order to submit a purchase offer, the purchaser must register during the order process.

The Artquisite order process includes a total of 3 steps: 

2.1.1. The customer must provide all customer details (first name, surname, invoice address e.g. delivery address, telephone number and e-Mail address) for the order. 

2.1.2. The customer must select a method of payment for the purchase of the order. 

2.1.3. By clicking on the “buy now” button, the customer is placing a binding order, which can be accepted (according to clause 2) by Artquisite and in this case would constitute a binding purchase contract between the customer and Artquisite. 

The customer can view and edit any details before placing the order. However, the form can only be submitted and processed once the customer has agreed to the contract terms by clicking on the “I accept the terms and conditions” button and thereby incorporating them into the order request. The order process can be terminated at any point by closing the browser window or leaving the entry form. 

 2.2. Approval

Thereafter Artquisite will e-mail the customer an automatic acknowledgement of receipt listing the order details and with the option to print using the “print” function. The automated acknowledgement of receipt only serves to document that the customer’s order has been received by Artquisite. It does not represent approval of the request. The contract is first valid once Artquisite has accepted it. This is done with a separate e-mail (order confirmation). Either in this e-mail or a separate one, at the very latest with delivery of the purchase, the customer contract will be sent by way of a durable media (e-mail or print copy). 

The contract will be saved with regard for data protection.

The contract will be concluded in the German language. 

3. Prices and delivery costs 

All prices listed on the Artquisite website include the applicable VAT.

he applicable delivery and transport costs will be provided to the customer in the order form. These costs are to be covered by the customer provided that the customer does not invoke the consumer right of revocation. 

Shipment of the purchase is by post. Artquisite assumes all delivery risks when the customer is a consumer. Should the right of revocation be exercised, the customer must bear all direct costs of return shipment.

Deliveries in non-EU countries incur additional customs and duties fees. More information on customs and duties is available here:

http://www.zoll.de/DE/Home/home_node.html;jsessionid=BA5864B4CA08BA56593274FD649E3105

Business operators in the EU community can obtain a VAT free invoice according to §6a UStG (intra-community delivery) with proof of their VAT identification number.

For deliveries outside of the EU, the purchaser can be issued a tax-free invoice according to §6 UStG (export deliveries to fiscal non-member states). The purchaser must pay customs and taxes on the delivered goods upon import into the destination country and according to local regulations.

4. Right of revocation

 Cancellation

Upon conclusion of a long-distance contract, consumers have a right of revocation which Artquisite will explain in accordance with legal examples below. Exceptions to the right of revocation are in point 4.3 of these terms and conditions. Point 4.4 includes a sample right of revocation form.

 4.1. Cancellation policy

You have the right to revoke your contract without reason within fourteen days. The revocation period begins fourteen days from when you or a third party named by you, not including the carrier, has taken possession of the goods.

In order to exercise your right of revocation, you must inform us - Artquisite GmbH, Berliner Str. 76, 80805 Munich, info@artquisite.com - of your decision to revoke the contract by means of a clear statement (e.g. a posted letter, fax or e-mail). You may use the included sample right of revocation form, though this is not mandatory.

To ensure compliance with the revocation period, you only need submit notice of your exercise of the right of revocation before expiry of the revocation period.

 4.2. Consequences of revocation

 Should you revoke this contract, we will promptly reimburse the the full purchase price of the item received from you no later than within fourteen days from receipt of the notice of your revocation of the contract. We use the same method of payment for reimbursement as that of your original transaction unless we expressly come to some other agreement with you; under no circumstances will you incur charges for the reimbursement. The costs for a return as well as any additional costs resulting from the return such as customs tax, transport insurance etc. will not be refunded and must be accepted by the buyer.

We can withhold reimbursement until we have recovered the goods or you have provided proof of return of the goods depending on which occurs first.

You must return or transfer the goods immediately to us and at a point no later than fourteen days from the day on which you have informed us of the revocation of contract. The deadline for return is honoured when you deliver the goods before the expiry of the fourteen-day period.

You bear all direct costs for the return of the goods. 

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

4.3. Exceptions to the right of revocation

There is no right of revocation for contracts on delivery of sound or video recordings in sealed packaging when the seal has been removed following delivery.