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Terms and Conditions

General Terms and Conditions for the Online Shop

vanyaillustrations.com

  1. General and Business Relationships

The following General Terms and Conditions apply to the contractual relationships that have arisen within the online shop "vanyaillustrations.com" by Mr. David Pracht, Obere Erlentiefenstraße 28, 59192 Bergkamen (hereinafter referred to as "Seller") between the Seller and his customers (hereinafter referred to as "Buyers").

Contracts are concluded with both consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that predominantly are neither commercial nor self-employed professional activities.

According to § 14 BGB, an entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A legal partnership is one that has the capacity to acquire rights and enter into liabilities.

  1. Conclusion of the Contract

All products, articles, and services to be purchased within the Seller's online shop do not constitute binding offers by the Seller in the legal sense, but are rather an invitation to submit an offer by the Buyers.

After submitting the order, the Buyer immediately receives an email confirming the receipt of the order, which does not yet represent acceptance of the offer in the legal sense, by which the contract is concluded. The contract only comes into existence when the order has been received by the Buyer.

  1. Prices, Value Added Tax, Payment

All stated prices are total prices including statutory VAT plus any shipping costs depending on the delivery type (see § 4).

The Seller offers the following payment methods: Bank transfer (advance payment), PayPal (credit card), Klarna, invoice, immediate transfer. The Seller issues an invoice for the ordered goods to the customer, which accompanies the goods on delivery or is sent by mail.

  1. Deliveries, Shipping Costs, and Transfer of Risk

Delivery (shipment by a shipping company) occurs immediately after receipt of payment or notification via PayPal.

The delivery and payment conditions of the Seller are specified in the order form. Please refer to the respective item description for the delivery date.

On the last order page before submitting your offer ("Buy"), you will again receive an overview of the essential features of the goods, the total price of the goods, and all associated components such as shipping and packaging costs.

If the buyer is a consumer in the sense of § 13 BGB, the seller exclusively bears the shipping risk. If the buyer is an entrepreneur, the risk passes to the buyer as soon as the seller has delivered the item to the forwarder, or the person or institution designated to carry out the shipment.

  1. Cancellation Policy

Cancellation Policy and Sample Cancellation Form

The following cancellation policy applies exclusively to consumers (see § 1 of the Terms and Conditions).

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (David Pracht, Obere Erlentiefenstraße 28, 59192 Bergkamen, info@vanyaillustrations.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of additional costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no case will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever is the earliest. You must send back or hand over the goods to us immediately and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods. 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.

-End of Cancellation Policy-

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts

  • for the delivery of goods that are not prefabricated and for whose manufacture 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 alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can only be delivered 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
  • for the delivery of newspapers, periodicals, or magazines with the exception of subscription contracts.

The right of withdrawal expires

  • for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery,
  • for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
  • for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery – for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

Sample Cancellation Form

If you wish to cancel the contract, please fill out this form and send it back.

To [David Pracht, Obere Erlentiefenstraße 28, 59192 Bergkamen, info@vanyaillustrations.com]:

Hereby I/we () revoke the contract concluded by me/us () for the purchase

of the following goods ()/ the provision of the following service ()

  • Ordered on ()/received on ()

  • Name of the consumer(s)

  • Address of the consumer(s)

  • Signature of the consumer(s) (only if this form is notified on paper)

  • Date


(*) Delete as appropriate.

  1. Retention of Title

The seller retains title to the goods until full payment of the purchase price.

  1. Statutory Warranty Rights

The statutory warranty rights apply to our goods unless deviated from here under V.

If the customer acts as a consumer, the limitation period for warranty claims for used goods is limited to one year from the delivery of the item. The limitation period for claims for damages in the event of injury to life, body, health, which are based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller, remains unaffected. Furthermore, the limitation period for claims for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller remains unaffected. In addition, any liability under the Product Liability Act remains unaffected. Otherwise, the statutory provisions apply.

For entrepreneurs, the following applies concerning the warranty and liability:

a)

The limitation period for warranty claims is one year for entrepreneurs, both for newly manufactured items and for used items. Otherwise, the statutory provisions also apply here.

b)

The buyer must inspect the goods immediately after delivery by the seller, as far as this is feasible in a proper course of business, and, if a defect appears, notify the seller immediately. If the buyer fails to notify, the goods are considered approved, unless it is a defect that was not identifiable during the inspection. If such a defect appears later, the notification must be made immediately after its discovery; otherwise, the goods are considered approved even concerning this defect. To maintain the rights of the buyer, the timely dispatch of the notification is sufficient. If the seller has fraudulently concealed the defect, he cannot invoke these regulations.

  1. Further Information Duties for Distance Selling Contracts and for Electronic Commerce

Technical Steps to Conclude the Contract/Ordering Process

Select the products you want to order by clicking the "Add to Cart" button. This places your selection in the cart. You can change this selection at any time until you submit your order by changing the number of products, by clicking the "Remove" button to delete the selection, or by canceling the order process. By clicking the "Proceed to Checkout" button, you move to the next step of the order. Please log in with a username and password if you already have a customer account, otherwise, please register as a new customer. You also have the option to place an order as a guest without your own customer account. Your data is collected, processed, and used in compliance with data protection regulations. There is no other use or transfer to third parties. After providing customer and billing information, the registration must be completed by pressing the "Continue to Shipping" button. In the next step of the order, please select the shipping method and click "Continue to Payment". Then please select the desired payment method. By clicking the "Continue to Order Overview" button, you move to the next step. Please read the General Terms and Conditions carefully. You can only proceed with the order if you agree to the Terms and Conditions (check the box). You will receive an overview of your order: the selected products, the shipping and billing address, and your contact details. By clicking the "Place Order" button, you send your order to us. By doing so, you are making a legally binding offer.

Storage of the Contract Text After Conclusion of the Contract and Its Accessibility for the Customer

The contract text and your order details are stored by the seller. After completing the order you conducted, you will receive a clear order confirmation containing all details about your order. There is also the option to print out the contract text using the print functions of the browser. Your order data are also included separately in the email sent to you. In addition, the seller sends the contract terms to the buyer by email at any time upon request.

Opportunity to Correct Input Errors

Before submitting the order, there is always the opportunity to correct your entries. This can be done by using the "Back" button or the "Back arrow" of your internet browser. Corrections can either be made directly on the individual offer pages in the available input fields. There is also the opportunity to update or delete individual products within the virtual shopping cart. All these correction options exist up to and including the submission of the binding offer via the "Buy" button.

Contract Language

The contract language is exclusively German.

Codes of Conduct

The seller has not subscribed to any relevant codes of conduct.

Order Confirmation

After the customer submits the offer, he receives a confirmation email.

Complaints and Warranties

Complaints, particularly warranty claims, are to be addressed to the seller.

Essential Characteristics of the Goods

The essential characteristics of the goods can be found in the item description. This also applies to the validity period of any time-limited offers.

  1. Alternative Dispute Resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:

For the extrajudicial resolution of consumer disputes, the European Union has established an online platform ("OS platform") that you can contact. The OS platform serves as a point of contact for the extrajudicial resolution of disputes concerning contractual obligations arising from online purchase contracts. You can find the platform at https://ec.europa.eu/consumers/odr/.

We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

  1. Information Obligation According to the Battery Act (BattG)

In connection with the distribution of batteries or accumulators, or with the delivery of devices containing batteries or accumulators, we are obliged according to the Battery Ordinance to inform you of the following: Batteries may not be disposed of in household garbage. As the end consumer, you are legally obliged to return used batteries. You can return batteries after use to the sales outlet or in their immediate vicinity (e.g., at municipal collection points or in retail) free of charge. You can also return batteries from our range in the usual quantities by mail to us. Batteries or accumulators containing pollutants are marked with the symbol of a crossed-out waste bin. Near the trash can symbol is the chemical designation of the pollutant. "Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury, "Li" for lithium, "Ni" for nickel, "Mh" for metal hydride, and "Zi" for zinc. The signs under the trash cans stand for: Pb: Battery contains more than 0.004 mass percent lead Cd: Battery contains more than 0.002 mass percent cadmium Hg: Battery contains more than 0.0005 mass percent mercury

The symbol of the crossed-out trash can means that the battery must not be disposed of with household waste.

You can also receive more detailed information about the Battery Act from the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety.

  1. Law on the Marketing, Return, and Environmentally Friendly Disposal of Electrical and Electronic Equipment

Manufacturers must take back old electrical appliances put on the market since August 13, 2005, free of charge. Manufacturers must mark their electrical and electronic equipment put on the market after November 23, 2005, with a symbol (crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such old devices must not be disposed of as unsorted municipal waste but must be collected separately and disposed of through the local collection and return systems. According to the "ElektroG" law from March 23, 2005, as of November 25, 2005, we only sell electrical and electronic equipment from manufacturers who have registered with the competent authority and provide an insolvency-proof guarantee for the financing of the return and disposal of their electrical appliances.

  1. Final Provision

The contractual relationship between the seller and the customer and the respective terms and conditions are subject to the law of the Federal Republic of Germany. Consumers with habitual residence abroad can also rely on the law of the state in which they have their residence, irrespective of the specific choice of law.