General Terms and Conditions of Arsani AG

§1 General

1. Arsani AG operates a sales platform for posters, art prints, artwork and other products on the internet. As operator and owner of this platform Arsani AG is also the contractual partner of the persons who want to purchase goods via this platform.
2. All contractual relations between Arsani AG and its customers are exclusively subject to these terms and conditions. Deviating terms and conditions of the customers do not apply. By placing the order the customer accepts these terms and conditions.
3. the contractual language is German. In the event of any difficulties of interpretation, the German version of this document shall prevail.
4. The customer is obliged to provide the information requested in the order form (name, address etc.) truthfully and completely. Damages resulting from the incorrectness of the information must be compensated by the customer.

§2 Conclusion of contract

1. The posters, art prints and artworks shown by Arsani AG on the internet or in other media, as well as all other products do not represent an offer for sale, but only an invitation to the customer to make a purchase request himself (invitatio ad offerendum). Purchase requests can be submitted online using the order forms provided by Arsani AG.
2. The customer's request is considered accepted by immediate delivery, i.e. the handing over of the goods to the forwarder/carrier/post office.
3. Purchase requests of the customer are only accepted at the prices and conditions valid at the time. Unless otherwise stated, all prices include the statutory value added tax. All prices published verbally or in writing are non-binding. Errors excepted.
4. Arsani AG does not guarantee that all offered products are available at any time. If one or more products are not available, Arsani AG will inform the customer as soon as possible. If the customer has already paid for the goods, the corresponding amount will be refunded.

§3 Return

1. The consumer in the sense of the BGB (German Civil Code) has the right to cancel the contract in case of distance selling contracts.
2. Excluded from the return are custom-made products, i.e. all articles that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive. This includes individual prints, art reproductions (art copies, digital art prints), photo prints (photo prints), individual art cards, real glass and aluminum composite direct prints, wallpaper and framed pictures.

§4 Warranty

1. Arsani AG does not guarantee for minor deviations of the delivered goods from the shown. In case of posters, art prints, graphics and other printed products minor deviations in color tone compared to samples, in format and in paper, fabric and surface quality are not completely avoidable due to manufacturing or printing technology. Furthermore, deviations may occur in the presence or dimensions of a picture border or caption. Such deviations do not entitle to a notice of defects.
2. For the products distributed by Arsani AG standard materials are used. For prints, colors, materials, light resistance etc. we can only guarantee on the basis of average resistance.
3. Transport damages have to be reported immediately to the carrier, in this case the packaging has to be kept by the customer until further notice to secure possible claims. If this fails, the customer can reduce or change.
4. Excluded from the warranty are defects caused by the customer or other third parties due to improper handling of the goods. This also applies to damage caused by improper packaging of returned goods.

§5 Copyright

1. The products distributed by Arsani AG are worldwide protected by copyright. The customer is not allowed to produce, copy or distribute the goods himself or through third parties.
2. The offered printed products may only be used for room and interior decoration, the medial and reproductive use is not allowed.

§6 Retention of title, set-off, right of retention

1. In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
2. The customer shall only be entitled to a right of set-off if his counterclaims have been legally established or are undisputed or acknowledged by us. In addition, he has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
3. If the customer is in default with any payment obligations to us, all existing claims shall become due immediately.
4. If the customer does not make payment immediately after a reminder in the event of conduct in breach of contract, in particular default of payment, he shall surrender the goods subject to retention of title. The customer shall bear the costs of taking back the goods.

§7 Payment

1. Payment can be made in various payment methods, which may depend on the country to which delivery is made and the creditworthiness of the customer. Details can be found in the terms of delivery and payment.

§8 Data protection

1. The customer has been informed in detail about the kind, extent, place and purpose of the collection, processing and use of the personal data necessary for the execution of orders by Arsani AG (see "data protection information"). The customer explicitly agrees to this collection, processing and use of personal data.

§9 Place of performance, place of jurisdiction

1. As far as the Customer is a merchant in the sense of the German Commercial Code (HGB) or the Customer is not a merchant and has no general place of jurisdiction in the Federal Republic of Germany, the place of performance and place of jurisdiction is Monschau.
2. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods

§10. final provisions / severability clause

1. Should any provision in these terms and conditions or any provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

Monschau, the 30.06.2014