General Terms and Conditions
1. General, Applicability, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through the website Hebstreits.com („Hebstreits“), which is owned and operated by Hebstreit designstudio, Zionskirchstr. 9, 10119 Berlin, shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) The product offerings at Hebstreits are directed to both Consumers and Business Customers (as defined below). For the purpose of these General Terms and Conditions, (I) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (II) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the English language.
2. Conclusion of Contract
(1) The presentation of the products and services at Hebstreits does not constitute a legally binding offer, but merely an invitation to place orders.
(2) By placing an order on the Website, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance to the information in the Annex at the end of this document.
3. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form made available in the Online Shop).
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within fourteen business days upon receipt by the Customer of the product and the invoice.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. Dispatch of the Product
(1) Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded by up to three business days, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by us when the order is made or as otherwise agreed upon) shall begin upon receipt by us of the full purchase price (including VAT and shipping costs).
(3) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(4) In the event that no date of dispatch has been specified or otherwise agreed upon, we shall be required to dispatch the product within a period of three weeks after the beginning of the delivery period pursuant to subsection 2.
(5) In the event that the product can not be timely dispatched, we shall without undue delay inform the Customer thereof. In case of international shipment the delivery time may be significant. The Customer may track the shipment based on the shipment number provided by Hebstreits. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(6) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
5. Shipment and Passing of Risk
(1) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
(2) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, if our obligation is limited to the dispatch of the product, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 6 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (I) in case of any obvious defects within a period of five business days upon delivery or (II) otherwise within five business days from the day when the defect has been identified.
7. Intellectual Property Rights, Licensing
(1) Hebstreits provides three types of licensing: Standard One Time Use, Royalty Free and Extended. The standard One Time Use license permits the customer to use the purchased media in one design through the terms described below. The Royalty Free license expands the Standard One Time Use license to use the purchased media in an unlimited number of projects for a Permitted Use. The Extended license expands on the One Time Use license to increase both the types and quantities of reproductions permitted, namely the ability to use Hebstreits’s media in items that are meant for resale.
(2) License details are regulated in Hebstreits’s licensing conditions.
(1) Hebstreits’s liability for late delivery shall, except in cases of wilful misconduct or gross negligence, be limited to an amount equal to 10 % of the aggregate purchase price (including VAT).
(2) Hebstreits is liable for intent and gross negligence only. Further, Hebstreits is liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the Customer may rely on regularly. In the last-mentioned case, Hebstreits is only liable for the foreseeable, typical contractual damage. Hebstreits is not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
(3) Hebstreits shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, Hebstreits‘s liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(4) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
9. Data Protection
(1) Hebstreits may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) Hebstreits shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
3) Hebstreits shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 9.
10. Applicable Law and Competent Courts
(1) Any contracts entered into between Hebstreits and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) In the event that the abode of the Customer is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
(3) Venue of performance is Berlin, Germany. The courts of Berlin, Germany shall have exclusive jurisdiction and venue for any disputes arising out of or relating to this contract.
11. Final Provisions
(1) This Agreement constitutes the entire agreement between Hebstreits and the Customer concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hebstreits, or by the posting by Hebstreits of a revised version.
(2) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.
12. Annex – INFORMATION ON THE RIGHT OF WITHDRAWAL
(1) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In case of digital content which is not supplied on a tangible medium, the withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).
To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods to or hand them over to
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods
If you requested to begin with the performance of services during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the contract, in comparison with the full coverage of the contract“.
(3) Additional Instructions
Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.