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GENERAL TERMS AND CONDITIONS OF BUSINESS

We urge you to read these Terms and Conditions in their entirety before making your purchase. These Terms and Conditions may be updated and changed, so we ask that you read the following terms before making any new purchase.

1 Order, order confirmation and conclusion of a purchase contract

When you order products through the Anne Grace Art website, you will receive a confirmation of your order. When you subsequently receive the delivery confirmation for your order, you enter into a contract with Anne Grace and accept these General Terms and Conditions of Purchase. This means that you agree to these terms in their entirety and that you have read the information on personal data and agree to the use of personal data and cookies in accordance with Anne Grace's privacy policy.

Contact information: info@annegraceart.com

2 Time of conclusion of the contract

These Terms and Conditions apply when the consumer ("you") places an order on www.annegraceart.com, "the Website", and its sub-sites. When we confirm your order, you have entered into a contract with Anne Grace Art. These Terms and Conditions apply to you in your capacity as a consumer when you order products from Anne Grace through the Website.

3 Prices and shipping costs

1) Our prices include the applicable statutory VAT and include a flat shipping fee and a shipping surcharge. The shipping surcharges vary depending on the delivery method and the nature of the item.

(2) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.

4 Delivery and Cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by AnneGraceArt (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.

(2) If AnneGRaceArt determines during the processing of your order that products ordered by you are not available, you will be informed separately by email or by message in your customer account. The purchaser's legal claims remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.

(4) Delivery is made depending on the customer's payment method. In the case of advance payment, delivery is made after the payment order has been issued to the transferring bank. In the case of payment via PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery is made after the contract has been concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is AnneGraceArt. Regardless of your right of cancellation, you can cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.

5 inches

(1) If you order products from AnneGraceArt for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.

(2) Please also note that when ordering from AnneGraceArt, you will be considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.

6 Payment

(1) The customer has the option of paying for the goods using the following payment methods:


Paypal

 

credit card

 

Sofortüberweisung

 

Klarna purchase on account

 

(2) The provider may exclude certain payment methods in certain cases.

(3) The customer is prohibited from paying for the goods by sending cash or checks.

(4) If the customer chooses an online payment method, he authorizes the provider to collect the amounts due at the time of the order.

(5) If the customer chooses to pay by credit card, he expressly authorizes the provider to collect the amounts due after the dispatch of partial deliveries or the entire delivery.

(6) If the customer chooses direct debit payment, he issues a SEPA basic mandate to the provider. If a chargeback occurs due to insufficient account funds or incorrectly transmitted bank details, the customer bears the costs.

7 Set-off and right of retention

(1) The customer is only entitled to set off if his counterclaim has been legally established or has not been disputed by the provider.

(2) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

8 Retention of title

AnneGraceArt reserves ownership of the goods until full payment has been made.

9 Transport damage

(1) If the customer receives the goods with visible transport damage, he is requested by the provider to complain about this immediately.

(2) If the customer fails to make a complaint, this will have no effect on his statutory warranty rights. The complaint serves to enable the provider to assert his claims against the carrier.

10 Defect Law

(1) If the customer is a consumer, the warranty and liability for defects are governed by the statutory provisions: In addition to a 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from delivery of the goods and can request repair or replacement of products purchased from AnneGraceArt if they are defective or not as described. If a repair or replacement is not possible within a reasonable time, the customer can request a refund or reduction of the purchase price.

(2) For used goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.

(4) For non-consumers, the limitation period shall be one year, unless claims for damages are asserted due to physical injury or damage to health or due to intent or gross negligence.

11 Limitation of Liability (Products)

(1) The provider is liable for claims for damages by the customer due to injuries to life, body or health as well as for damages resulting from an intentional or grossly negligent breach of duty by the provider or its legal representatives or vicarious agents.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the contractual objective.

(3) The provider is liable for damages due to the breach of essential contractual obligations that are typical and foreseeable for the contract, unless the damage was caused by slight negligence. This restriction does not apply to claims by the customer based on injury to life, body or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that AnneGraceArt’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

12 Cancellation Policy

(1) If the customer is a consumer, he has the right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken delivery of the goods (or the last goods, partial shipment or an article in the case of a contract for several goods of a uniform order or the delivery of a product in several partial shipments or parts).
To exercise your right of withdrawal, you must contact us:
AnneGraceArt
info@annegraceart.com
of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear declaration. If you use this option, we will send you a confirmation of receipt of your revocation without delay (e.g. by e-mail).
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the period and return the goods via our online returns center within the period defined below.

(3) Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the delivery costs (except for the additional costs incurred by choosing a delivery method other than the cheapest standard delivery we offer), immediately and at the latest within 14 days from the day on which we receive notification of your withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged for this repayment.
We may withhold the refund until we have received the goods back or you have supplied evidence that you have returned the goods, whichever occurs first.
You are obliged to return the goods immediately and in any event not later than 14 days from the day on which you inform us of the cancellation of this contract to
AnneGraceArt
E-mail: info@annegraceart.com 
or to hand them over. The deadline is met if you send the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts

 for the delivery of goods which are not suitable for return for health or hygiene reasons if the seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of goods that are made to customer specifications or clearly tailored to personal requirements;
for services, if AnneGraceArt has provided these in full and you have been informed before placing the order and have expressly agreed that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract.

13 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply in the following cases:


for contracts for the supply of goods which are not standardised and for the production of which an individual selection or determination by the consumer is necessary, or which are clearly tailored to the personal needs of the consumer;


(2) The right of withdrawal expires prematurely in the following cases:


in the case of the delivery of sealed goods which cannot be returned for health or hygiene reasons, provided that the seal has been removed after delivery;

in the case of the supply of goods which, due to their nature, have been inseparably mixed with other goods after delivery;

14 Data Protection

(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your consent beforehand. We guarantee that we will not pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data via the Internet (e.g. by email) involves security risks. Therefore, we cannot fully guarantee that the data is protected from third parties. In this context, our liability is excluded.

(3) Third parties are not entitled to use contact data for commercial purposes unless the provider has given the data subjects prior written consent.

(4) You have the right to obtain comprehensive and free information from AnneGraceArt about the data concerning you at any time.

(5) You also have the right to rectification, erasure or restriction of processing of your data.

(6) Further information on data protection can be found in the separate privacy policy.

15 cookies

(1) In order to present our product offers, it may be necessary for us to use cookies. Cookies are small text files that are stored locally in the cache of the user's Internet browser.

(2) Many Internet sites and servers use cookies. Many of these cookies contain a so-called cookie ID, which enables the cookie to be uniquely identified. This ID makes it possible to identify the specific Internet browser in which the cookie was stored. This allows the visited sites and servers to distinguish the individual browser from other browsers that contain other cookies.

(3) By using cookies, we can offer users of this website more convenient services that would not be possible without cookies.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system; they are usually so-called session-related cookies. These cookies are automatically deleted from your hard disk at the end of the browser session. Other cookies remain stored on your system and enable us to recognize you on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies; a banner is available for this purpose, via which you can agree or reject.

(6) Of course, you can set your browser so that no cookies are stored on your hard disk or that cookies that have already been stored are deleted. You can find the relevant instructions in the help function of your browser or from the software manufacturer.

16 Place of jurisdiction and applicable law

(1) Any disputes or disagreements arising out of or in connection with this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

17 Final Provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our children's products can only be purchased by adults. If you are under 18 years of age, you may only use AnneGraceArt when accompanied by a parent or guardian.

(3) If you violate these Terms and Conditions and we do not take action against them, we nevertheless reserve the right to assert our rights in the event of future violations of these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, the rules, conditions and these General Terms and Conditions at any time. Your order will be subject to the terms of sale, contractual conditions and General Terms and Conditions in force at the time of your order, unless a legal change or an official order requires an adjustment (in this case, the changes will also apply to orders previously placed). If any provision of these General Terms and Conditions of Sale is invalid, void or unenforceable for other reasons, the validity and enforceability of the remaining provisions shall remain unaffected.

(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. In such a case, the invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the meaning and purpose of the invalid provision.

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