Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/consumers/odr/

General terms and conditions and customer information / sample withdrawal form / data protection declaration

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Art of our Earth, Inh. Tobias Heidenbluth) in our online shop: www.artofourearth.com. Unless otherwise agreed, the inclusion of your own conditions that you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) The terms and conditions of the seller (Art of our Earth, Inh. Tobias Heidenbluth) apply to the conclusion of the contract.

(3) Purchase via the shopping cart
By clicking the "Add to shopping cart" button on the article pages, the goods intended for purchase are placed in the "shopping cart". The "shopping cart" will then be displayed. You can also use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. After calling up the “Continue to checkout” page and selecting or entering the delivery address and payment method, all of the order data will then be displayed again on the order overview page.
If you select “PayPal” as the payment method, you will first be directed to a PayPal log-in window. After successfully registering with PayPal, you will be redirected to the order overview on our website / online shop.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By clicking the “Buy / Pay” button, you declare your legally binding acceptance of the offer, whereby the purchase contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain my property until the purchase price has been paid in full.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) If you are an entrepreneur, notwithstanding Paragraph 1:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) You are obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods in text form (e.g. email); timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

§ 5 liability

(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of willful intent and gross negligence, in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the object of purchase and in all other legally regulated cases.

(2) Liability for defects within the scope of the statutory warranty is based on the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).

(3) If essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which you can regularly rely on.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 6 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

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II. Customer information

1. Identity of the seller:

Art of our Earth
Owner Tobias Heidenbluth
Ganghoferstr. 24a
82291 Mammendorf
Email: artofourearth@gmx.de

 

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/consumers/odr/

 

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the order process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

Unless another deadline is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days after the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction).

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights

7.1. The liability for defects in our goods is based on the "Warranty" provision in our General Terms and Conditions (Part I).

7.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: http://www.haendlerbund.de/agb-service.

last update: 23.01.2017

Data protection

Welcome to our site!

We attach great importance to the protection of your data and the protection of your privacy. In the following, we will therefore inform you about the collection and use of personal data when using our website.

Anonymous data collection
You can visit our website without providing any personal information. We do not save any personal data in this context.

Collection, processing and use of personal data
We collect personal data (individual details about personal or factual circumstances of a specific or identifiable natural person) only to the extent that you have made available.
The processing and use of your personal data takes place to fulfill and process your order as well as to process your inquiries.
After the contract has been fully processed, all personal data will initially be stored taking into account retention periods under tax and commercial law and then deleted after the deadline, unless you have consented to further processing and use.

Passing on personal data
Your data will not be passed on to third parties without your express consent. The only exception to this are our service partners, who we need to process the contractual relationship. In these cases we strictly observe the requirements of the Federal Data Protection Act. The amount of data transmission is limited to a minimum.

Access, rectification, blocking and deletion of data
You have the right to free information about your stored data as well as the right to correct, delete or block at any time. Contact us if you wish. The contact details can be found in our imprint.

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving a reason. The withdrawal period is 14 days from the day
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or pieces;

In order to exercise your right of withdrawal, you must send a clear declaration to us (Art of our Earth, Inh. Tobias Heidenbluth, Ganghoferstr. 24a, 82291 Mammendorf, email address: n) (e.g. a letter sent by post, fax or E -Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case 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 fourteen-day deadline.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods that 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;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded; - for the delivery of goods that have been procured via third parties on behalf of / at the express request of the customer;
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts. - for the delivery of Paydirt, gold nuggets, gold-quartz samples and the like of any origin
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; - for the delivery of goods that have been procured via third parties on behalf of / at the express request of the customer;
- for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of Paydirt, gold nuggets, gold-quartz samples and the like of any origin;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery