Terms and Conditions
§ 1 Basic Provisions
- The following terms and conditions apply to all contracts concluded via www.draab.art. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
- A consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of the Contract
- The subject of the contract is the sale of goods.
- By listing a product in our online shop, we make a binding offer to our customers to conclude a purchase contract.
- All products intended for purchase are placed by the customer in the “shopping cart.” After entering personal data and payment information, the customer has the opportunity to review all entered information. By submitting the order via the designated button, the customer declares legally binding acceptance of the offer. This concludes the purchase contract.
If payment is made via a payment service provider such as PayPal or Sofortüberweisung, the customer is redirected from our online shop to the provider’s website. After entering all required data, the customer is then redirected back to our shop. - All information related to the conclusion of the contract is transmitted automatically via email. The customer must therefore ensure that the email address provided is valid and accessible.
§ 3 Retention of Title and Right of Retention
- The customer may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
- The goods remain the property of the shop operator until full payment of the purchase price has been made.
§ 4 Liability Provisions
- We are fully liable for damages resulting from injury to life, body, or health, as well as in cases of intent and gross negligence. This also applies in cases of fraudulent concealment of a defect and in all other cases regulated by law. Liability for defects within the scope of statutory warranty is governed by the relevant provisions in our customer information.
- If essential contractual obligations are breached, liability in cases of slight negligence is limited to the foreseeable damage typical for the contract.
- In the case of breaches of non-essential contractual obligations, liability for slight negligence is excluded.
- No liability is assumed for the continuous availability of this website and the goods offered on it.
§ 5 Choice of Law
- German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall explicitly not apply.
§ 6 Dispute Resolution
- The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.
§ 7 Contract Language, Storage of Contract Text
- The contract language is German.
- The complete contract text is not stored by us. Customers can save it electronically before submitting the order using the browser’s print function.
§ 8 Prices and Payment Terms, Characteristics of Goods
- The prices stated and shipping costs represent gross prices.
- Shipping costs are not included in the purchase price. They are clearly indicated or displayed separately during the ordering process and must be borne by the customer unless free delivery has been agreed.
- The available payment methods are listed on our website or in the respective product description, and at the latest during the final checkout process. Unless otherwise stated, payment claims arising from the contract are due immediately.
- The essential characteristics of the goods and/or services can be found in the product description and supplementary information on our website.
§ 9 Delivery Conditions
- Delivery conditions, delivery times, and any existing delivery restrictions can be found under the corresponding link in our online shop or in the respective product description.
- For consumers, the risk of accidental loss or deterioration of the goods during shipment passes to the customer only upon delivery of the goods. This applies regardless of whether the shipment is insured or uninsured.
§ 10 Statutory Warranty Rights
- The statutory warranty rights apply.
- Consumers are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify the shop operator as soon as possible. Failure to do so does not affect the customer’s statutory warranty claims.
If you want, I can also adapt this text specifically for WooCommerce (for example adding refund policy wording, GDPR references, or digital product clauses if you sell art downloads).