Conditions
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider SocialArts e. V. via the website www.modeco-arts.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of artistically processed decorative pieces or the rental for 6 months.
(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the "Check out" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar term) you declare your legally binding acceptance of the offer, whereby the contract comes into effect.
(4) Your requests to create an offer for individual decoration are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 8 days (unless another deadline is stated in the respective offer).
(5) Your requests to create an offer for a subscription - rent art are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 8 days (unless another deadline is stated in the respective offer).
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually artistically designed decorations according to personal wishes
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.
(4) The consumer waives the right of withdrawal for individual products that have been issued and carried out
Be sure to check your information and files for accuracy and completeness!
§ 4 Subscription - Rent art
(1) Your subscription - rent art, runs for 6 months. You do not have to cancel the subscription, it expires automatically.
(2) You must actively complete an extension.
(3) After your subscription has expired, you have 14 days to return our image. There will be no refund for postage, it will be at your expense. After the 14 day period has expired, a monthly fee will be charged until the image arrives.
Fees: Price up to €200 per month €10 / Price from €200 to €500 per month €25 / Price from €500 to €1000 per month €50
(4) You can also purchase the picture at any time; we will determine the residual value and inform you of this upon request.
(5) For each subscription taken out, we charge a one-time flat fee for packaging and shipping. (Germany €10, EU €20)
This fee will be waived if the subscription is renewed.
(6) You may also offer the image for sale to your customers or guests. They have the option of purchasing this at full price (visible in the shop) using a QR code attached to the back.
In this case we will refund you the subscription costs (maximum 6 months)
(7) We initially only offer this service in Germany, Luxembourg, Austria and Switzerland.
§ 5 Special agreements on offered payment methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. Further information about “PayPal” can be found at www.paypal.com
§ 6 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 our property until the purchase price has been paid in full.
§ 7 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.
§ 8 Choice of law
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
SocialArts e. v.
Oliver Noweck & Mike Gehringer
Am Mörsbach 20
64409 Messel
Germany
Telephone: +49 176 31544665
Email: info@modeco-arts.de
2. Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/odr .
We are not obliged to take part in dispute resolution proceedings before consumer arbitration boards.
3. Information on the conclusion of the contract
The technical steps to conclude 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.
4. Contract language, contract text storage
The contract language is German.
We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email, which you can print out or save electronically.
5. Code of Conduct
Only flawless individual pieces leave our studio
We strive for the complete satisfaction of our customers
6. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
7. Prices and payment methods
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.
There are no additional shipping costs within Germany.
Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
8. Delivery conditions
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.
If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you when the goods are handed over to you, 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 another person designated to carry out the shipment.
9. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions.
As of October 2023