for the online shop at Monira-Art.de
from
Amelie Egenolf
Hohensteinstr. 19
88633 Heiligenberg
Telefon: +49 1515 0993349
E-Mail: info@monira-art.de
Provider
for the sale of products to and
Customers
The sale of the supplier’s products, which are offered via the online shop at the above URL, is based exclusively on the following General Terms and Conditions (GTC) in the version valid at the time the contract is concluded.
These GTC apply exclusively. Any terms and conditions of the customer that deviate from these GTC shall not apply unless the provider and the customer have expressly agreed to this.
Unless otherwise agreed, these GTC shall also apply to the following contracts:
Provision of digital content
Delivery of tickets
Delivery of vouchers
The subject of the contract is – depending on the provider’s product description – the one-off delivery of goods and/or digital content.
The offers on the provider’s website represent a non-binding invitation to the customer to order products (goods / services / digital content). By sending the order (clicking on the ‘Buy now’ button) on the provider’s website, the customer submits a binding offer to conclude a contract.
Confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. The supplier can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or by the supplier delivering the ordered goods, whereby the receipt of the goods by the customer is decisive in this respect, or by the supplier requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the supplier does not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that the customer is no longer bound by his declaration of intent.
In the case of the sale of digital content that is not transferred on a physical data carrier, the contract is accepted without a prior confirmation email, in deviation from the previous paragraph. Acceptance can be declared by the provider within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or by the provider enabling the customer to download the digital content or by the provider requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that the customer is no longer bound by his declaration of intent.
When submitting an offer via the online order form of the provider, the contract text is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these General Terms and Conditions.
Before binding submission of the order via the provider’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The German and English languages are available for the conclusion of the contract.
Digital content within the meaning of these GTC is data that is created and provided in digital form.
The subject matter of the contract for the provision of digital content is the transfer of a simple, temporally and spatially unrestricted right of use to the digital content. The customer is not authorised to reproduce the digital content provided either physically or electronically and/or to make copies available to third parties. Unless otherwise agreed, the digital content is provided exclusively for private use, meaning that commercial use is not permitted without express authorisation. The rights of use shall not be transferred until the contractually owed remuneration has been paid in full. If the provider makes the digital content available to the customer before this point in time, this shall not be regarded as an implied transfer of rights of use.
Tickets within the meaning of these GTC are the securitised right to make use of a service – specifically an event.
The supplier is only responsible for the sale of tickets for certain events specified in the supplier’s product description, but not for the organisation of these events. Only the statutory provisions in the relationship between the participant and the organiser and any deviating terms and conditions of the organiser shall apply to the implementation of the events.
If, according to the content of the contract, in addition to the delivery of goods, the supplier also owes the processing of the goods according to certain specifications of the customer, the customer must provide the supplier with all content required for processing, such as texts, images or graphics in the specified file formats, formatting, image and file sizes and grant the supplier the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trade mark rights and personal rights.
The customer shall indemnify the provider against claims by third parties which they may assert against the provider in connection with an infringement of their rights through the contractual use of the customer’s content by the provider. The customer shall also assume the necessary costs of legal defence, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the provider immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
The provider reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
Vouchers that are issued free of charge by the provider as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter ‘promotional vouchers’) can only be redeemed on the provider’s website under the corresponding conditions.
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods provided by the provider can be selected to settle the difference.
The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of cancellation.
The promotional voucher is transferable. The provider can make payment with discharging effect to the respective holder who redeems the promotional voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
Vouchers that can be purchased via the provider’s website (hereinafter referred to as ‘gift vouchers’) can only be redeemed on the provider’s website, unless otherwise stated on the voucher.
Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods provided by the supplier can be selected to settle the difference.
The gift voucher is transferable. The provider can make payment with discharging effect to the respective holder who redeems the gift voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
The prices listed on the supplier’s website at the time of ordering apply. All prices include the statutory value added tax and do not include the respective shipping costs.
The payment methods listed on the provider’s website are available.
If the customer is in default of payment, the provider is entitled to demand interest at a rate above the base rate of the European Central Bank. In the event that the provider claims further damages caused by default, the customer has the option of proving that the claimed damages caused by default were not incurred at all or were lower.
The delivery times can be found on the supplier’s website. The supplier shall indicate any deviating delivery times on the respective product page. The commencement of the delivery time stated by the supplier presupposes the timely and proper fulfilment of the customer’s obligations, in particular the correct specification of the delivery address in the context of the order.
If goods are delivered by a forwarding agent, delivery shall be ‘free kerbside’, i.e. to the public kerbside nearest to the delivery address, unless otherwise agreed.
If the supplier makes the goods available for collection free of shipping costs, the customer can collect the ordered goods within the business hours specified by the supplier at the address specified by the supplier.
Vouchers are provided to the customer as follows:
per Download
per E-Mail
by post
Tickets are provided to the customer as follows:
per Download
per E-Mail
by post
Digital content is provided to the customer as follows:
per Download
per E-Mail
by direct access via the entrepreneur’s website
The statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
The aforementioned limitations of liability and shortening of time limits do not apply
to claims for damages and reimbursement of expenses by the customer
in the event that the provider has fraudulently concealed the defect
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness
for any existing obligation of the provider to provide updates for digital products
The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
Any further liability of the provider is excluded.
The above liability provisions also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
The customer shall indemnify the provider against any claims by third parties – including the costs of legal defence in their statutory amount – that are asserted against the provider due to actions by the customer in breach of the law or the contract.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with the VSBG.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of the provider can be found in the heading of these GTC.
If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
Status: 01/05/2024
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