Terms and Conditions of Arctic Antiques GmbH
§ 1 General, scope and definitions
§ 1.1 The following Terms and Conditions (hereinafter referred to as "terms") apply to all orders from a consumer or entrepreneur (hereinafter referred to as "buyer") that Arctic Antiques GmbH (hereinafter referred to as "seller") accepts and executes (hereinafter referred to as the "contract" or “contracts”) via the seller’s online shop (http://www.arcticantiques.com).
§ 1.2 A "consumer" is any natural person who concludes a legal transaction for purposes that are neither of predominantly commercial nature nor can be attributed to have been executed in an independently professional activity (§ 13 BGB / § 13 German Civil Code). For the purposes of these terms each consumer is hereinafter referred to as "buyer".
§ 1.3 An "entrepreneur" is a natural or legal person or a legal partnership which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. For the purposes of these terms each entrepreneur is hereinafter referred to as "buyer".
§ 1.4 The seller acts and sells exclusively on the basis of the terms as set out here.
§ 1.5 The inclusion of the buyer's own terms of contract is absolutely not accepted. Deviating terms and conditions may only be accepted between the seller and the buyer after a written agreement has been reached prior to the formation of a purchase contract.
§ 1.6 The seller’s offered goods are non-binding offers. Misprints, price changes, errors and any other changes are reserved. With his purchase, the buyer accepts the terms and conditions listed here to the absolute extent.
§ 1.7 The contracts with buyers are made exclusively in English language. The German translation of these terms is for information purposes only. In case of a discrepancy between the German translation and the English version of these terms, the English version of these terms prevails.
§ 2 Formation of a purchase contract
§ 2.1 The following provisions on the formation of a contract apply to the absolute extent for all purchases, orders and any other transactions in the seller’s online shop (http://www.arcticantiques.com).
§ 2.2 The goods offered by the seller as well as any presentations and product descriptions of seller’s goods do not represent a legally binding offer on behalf of the seller. They constitute non-binding invitations addressed to buyers to order goods.
§ 2.3 By ordering the desired goods via the online ordering process integrated into the seller’s online shop, the buyer makes a legally binding offer for the formation of a purchase contract.
§ 2.4 First, the buyer places the goods selected by him in the virtual shopping cart. Second, the electronic order process begins, in which all necessary data for order-processing is collected. At the end of the order-process, an order-summary and contract data will be displayed. Only after confirmation of the order- and contract-data by clicking on the order-triggering button the buyer gives the seller a legally binding offer for the purchase of all goods contained in the virtual shopping cart.
§ 2.5 All data-entries made by the buyer are displayed prior to clicking the order-triggering button. These entries can be viewed and, if necessary, revised and corrected by the buyer before sending the binding order. We recommend careful and attentive reading of the information displayed on the screen. Possible input errors of the buyer can be corrected by pressing the back button of the browser or by using mouse- and keyboard-shortcuts.
§ 2.6 Upon receipt of the order, the buyer will receive an automatically generated summary of the order by e-mail. This is a non-binding confirmation receipt to inform the buyer that the order has been duly received and which products have been ordered.
§ 2.7 The seller accepts the buyer’s offer through the following alternatives:
- Sending a written order confirmation or an order confirmation in electronic form (e-mail), OR
- Requesting payment from the buyer after an order has been placed, OR
- Delivery of the ordered goods, whereby in this respect the receipt of the goods by the buyer is decisive.
Decisive for the date of acceptance of the buyer's offer is the first alternative to occur.
The period for accepting the offer begins on the day following the date on which the offer is sent by the buyer and ends on the expiry of the seventh day following the dispatch of the offer. If the seller does not accept the buyer’s offer within the aforementioned period, this represents the rejection of the offer. The buyer is then no longer bound by his/her offer.
§ 2.8 If a purchase contract is formed, it is formed between the buyer and the following seller:
Arctic Antiques GmbH
§ 2.9 The contract text of the sales contract concluded between the seller and the buyer is stored by the seller. The buyer can at any time view the terms free of charge in the seller’s online shop: (http://www.arcticantiques.com). The order data, the cancellation policy and the terms and conditions are sent to the buyer by e-mail. If the buyer has set-up a user account in the seller’s online shop, the order data will be archived on seller’s website and can be accessed by the buyer free of charge via his password-protected user account.
§ 2.10 Order processing and contact usually take place via e-mail and automated order-processing. It is the sole responsibility of the buyer to provide a correct e-mail address for contacting and processing the order(s). Further, the buyer has to set the filtering features so that e-mails concerning these orders can be delivered to him. In particular, when using SPAM filters, the buyer must ensure that all e-mails sent by the seller can be delivered.
§ 3 Prices, delivery costs and fees
§ 3.1 All prices quoted are final prices exclusive of German statutory value added tax (VAT) of 19%.
In addition there are delivery and shipping costs. The information on prices, delivery and shipping costs is to be obtained from the descriptions of the goods. With each order the buyer receives an invoice in which, if applicable, the sales tax is listed separately.
§ 3.2 The seller delivers the goods worldwide. If the delivery is made outside the European Union (hereinafter referred to as "EU"), additional duties, taxes, transfer fees, exchange rate charges or other fees may be payable by the buyer to the relevant customs or tax authorities or to credit institutions.
The aforementioned fees may apply to the transfer of funds even if the delivery is not made to a country outside the EU, but the buyer makes the payment from a country outside the EU. All aforementioned fees and costs are to be borne to the absolute extent by the buyer.
It is the buyer’s sole responsibility to obtain information about potential duties, taxes, transfer fees, exchange rate fees or any other fees from the relevant authorities prior to purchase.
§ 4 Payment options and due dates
§ 4.1 The buyer has the following payment options in the seller’s online shop: bank transfer, PayPal, SOFORT or credit card (Visa, Mastercard and American Express).
§ 4.2 In case of payment by bank transfer, the payment, if no later due date has been agreed in writing prior to the formation of the purchase contract, is due in full immediately after the formation of the contract.
§ 4.3 In case of payment by PayPal, payment is processed via the payment service provider PayPal (Europe) S.àr.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the terms and conditions of PayPal, which are available at the following link: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full.
§ 4.4 In case of payment by "SOFORT" the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, D-80339 Munich, Germany (hereinafter referred to as "SOFORT"). In order to be able to use the payment method, the buyer needs an online banking account with PIN/TAN procedure activated for participation in SOFORT, with which he can legitimize himself during the payment process and confirm the payment order to SOFORT. The payment will be made immediately after completion of the payment process by SOFORT and the buyer’s bank account will be charged. Further information on the payment method "SOFORT" is available at the following link: https://www.klarna.com/sofort/.
Stripe collects the invoice amount from the buyer’s specified credit card account or bank account. In the case of assignment, only Stripe with debt-discharging effect can be made. The burden on buyer’s credit card takes place immediately after sending the binding order in the seller’s online shop.
The seller remains responsible through Stripe for the buyer’s general inquiries concerning the goods, delivery time, shipping, returns, complaints, revocation and shipping.
§ 4.6 If the seller does not accept the buyer’s offer, the funds will be automatically returned to the initial payment method.
§ 5 Terms of delivery and pickup
§ 5.1 Delivery of goods takes place to the delivery address indicated by the buyer.
§ 5.2 If the seller incurs additional costs due to the indication of a wrong delivery address or a wrong addressee or any other circumstances that lead to the impossibility of delivery, these shall be fully reimbursed by the buyer to the seller.
§ 5.3 If the buyer decides to collect an order himself, the buyer is informed by the seller when the goods are ready for collection. Upon receipt of this e-mail, the buyer may collect the goods in agreement with the seller at the seller's premises or at any other agreed-upon location. In this case, no shipping costs are incurred.
§ 5.4 The delivery takes place only after full payment of the purchase price including the VAT (if applicable) as well as other ancillary costs (such as, for example, shipping and packaging costs).
§ 5.5 The seller is entitled to make partial deliveries, to the extent that this is reasonable for the buyer.If we execute the order in partial deliveries, the shipping costs will only incur for the first partial delivery, unless the partial deliveries are made at buyer’s request. In such case, the buyer will bear costs for every partial delivery.
§ 6 Retention of title
§ 6.1 The goods remain in the seller’s absolute ownership until full payment of the purchase price.
§ 7 Cancellation policy
§ 7.1 The buyer has the right to withdraw from this contract within fourteen days without stating reasons.
The cancellation period is fourteen days from the date on which the buyer or a third party named by the buyer, who is not the carrier, has taken possession of the goods.
§ 7.2 Buyers who at the time of formation of the contract do not belong to any member state of the EU and whose sole domicile and delivery address are outside the EU at the time of the formation of the contract are not entitled to a right of revocation.
§ 7.3 In order to exercise your right of withdrawal, you must inform us of your decision to cancel this contract by means of a clear statement (a letter sent by post or an e-mail):
Arctic Antiques GmbH
The buyer can use the below-listed withdrawal form, but this is not mandatory. In order to keep the cancellation period, it is sufficient for the buyer to send his notice of withdrawal before the expiry of the withdrawal period.
§ 7.4 Consequences of the cancellation
If you, as the buyer, revoke this agreement, we, as the seller, shall reimburse you for all payments received from you, including delivery charges. We shall do this without delay and no later than fourteen days from the date on which we receive your cancellation notice.
For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed.
We have the right to refuse repayment until we have received back the goods. You must return the goods to us immediately and in any event no later than fourteen days from the date on which you informed us of the cancellation of this contract.
The deadline is met if you send the goods before the expiry of the period of fourteen days.
The buyer agrees to return the goods to the seller in their original condition, intact, undamaged, unchanged, unaltered and without any other damage.
Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back to us.
Arctic Antiques GmbH
- I hereby revoke the contract concluded by me for the purchase of the following goods:
- Ordered on:
- Received on:
- Name of the buyer:
- Address of the buyer:
- Signature of the buyer:
§ 7.5 Revocation of the right of withdrawal
The aforementioned right of withdrawal no longer exists if the buyer has changed the original condition of the goods after receiving them. The change of the original state of the goods includes but is not limited to: grinding, sawing, drilling, engraving, gluing, painting, stabilizing, polishing and any other physical change of the original condition of the goods.
§ 7.6 Exclusion of the right of withdrawal
Further, the right of withdrawal is excluded for agreements regarding delivery of products that are not prefabricated and where its manufacturing is mainly based on an individual selection or a specification of the buyer.
§ 8 Warranty
§ 8.1 In case of material defects or defects of title the statutory warranty regulations apply.
§ 8.2 The goods are natural material and their condition changes during time. This may cause the material to form cracks, warp, bend and vary in colour which is not considered a defect. Further, even in case of very skilled processing, the material may crack, bend, warp and vary in colour during processing of the goods, which is also not considered a defect.
§ 8.3 The seller assumes no warranty or liability in case that the goods will turn out to beunsuitable for the purpose intended by the buyer.
§ 8.4 Further, the seller assumes no warranty or liability for the legal situation and practice in the buyer’s intended country of destination, including but not limited to possible import restrictions. It is a buyer’s sole responsibility to carefully inform him-/herself of the laws and legal practice with regard to the purchased goods in the intended country of destination.
§ 8.5 The seller also assumes no warranty or liability for the future change of laws or legal practice with regard to the purchased goods in the EU, Germany or the intended countries of destination.
§ 9 Liability of the seller
The following exclusions and limitations of liability shall apply to any liability of the seller for damages:
§ 9.1 The seller isfully liable for willful misconduct or gross negligence.
§ 9.2 Further, the seller is fully liable, if the seller has issued a guarantee for the characteristics of a product or for damages that are to be compensated pursuant to the Product Liability Act or for losses/damages regarding life, physical integrity or health.
§ 9.3 For simple negligence, the seller shall only be liable in case of violation of a contractual obligation the compliance with which is as essential prerequisite for orderly performance of the contract and on the due performance of which the buyer can reasonably rely (so-called „key obligations“).
§ 9.4 If the seller shall be liable for simple negligence according to § 9.3, the seller’s liability shall be limited to losses the occurrence of which the seller could have reasonable foreseen based on the situation known to him upon conclusion of the contract.
§ 9.5 In all other cases the liability of the seller is excluded.
§ 9.6 The above limitation of liability also applies to the benefit of employees, agents and other third parties that the seller has retained for the execution of the contract.
§ 10 Alternative dispute resolution
The seller does not participate in any alternative dispute resolution schemes with a consumer arbitration panel and is not required to do so.
§ 11 Applicable law
§ 11.1 These terms and the entire legal relationship between the seller and the buyer shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the buyer has placed the order as a consumer and has their habitual residence in a country outside of Germany at the time of the order, the application of mandatory legal provisions of such country remains unaffected by the choice of law made in sentence 1 of § 11.1 of these terms.
§ 11.2 If you are an entrepreneur, the exclusive place of jurisdiction shall be the registered office of the seller.
§ 12 Customer service
Our customer service is at your disposal: