Terms & Conditions Switzerland
Terms & Conditions
1.1. The business relationship between Art Paint Shop KlG, owner Calin Popa & Elena Andronescu, Holeeholzweg 60, 4102 Binnngen, Switzerland (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. Please address any questions or complaints to our customer service department, who are available weekdays from 9:00 a.m. to 6:00 p.m. on +41 76 268-6578. You can also send an email to [email protected] .
1.3. These General Terms and Conditions deem a consumer to be any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in (as defined in § 13 BGB).
1.4. Neither the customer’s own terms and conditions nor any other terms and conditions that deviate from these General Terms and Conditions will be honoured unless the vendor expressly consents to the validity thereof.
Offers, service descriptions
2.1. The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
2.2. All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.
2.3. The product images and chart colours are indicative and may differ from reality depending on the display of the device used.
Order process, conclusion of the contract
3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “basket” using the “Add to basket” button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the “Proceed to checkout” button.
3.2. When the customer clicks the “Place order” button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer or confirms the dispatch of the product ordered by sending the customer a second email, order confirmation or an invoice.
3.4. If the vendor offers an advance payment option the contract is deemed to be concluded at such time as the customer provides their bank details and fulfils the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.
3.5. These are the terms and conditions that will apply exclusively to all your purchase, deliveries and services from Art Paint. These terms and conditions form a legally binding contract between Art Paint and you, our valued customer. The vendor does not recognize deviating conditions unless having expressly agreed to the validity of the deviating conditions in writing. Access to and browsing of this website implies your agreement to all such terms, conditions and applicable law. If you do not agree to any of these terms, conditions and applicable law, you may not use this website. Therefore, it is highly recommended to read the following terms and conditions carefully prior to using this website.
3.6. Art Paint may revise or terminate these terms and conditions for any reason at any time and without further notice. Therefore, as you are bound by any such amendments, you should periodically visit this page to review the then valid terms and conditions.
3.7. Representative / technical errors in price labelling, images, product descriptions or other content, as well as other errors, are reserved.
Non-commercial and personal use only
4.1. Unless explicitly stated otherwise, this website is protected by copyrights. Therefore, download, electronically copying, printing or display any information included in this website is permitted for non-commercial and personal use only. The distribution, modification, transmission or use of any data of the website (including images, text, graphics, video etc.) for public or commercial purpose is expressly prohibited. Any exception requires the prior written consent of Art Paint. However, Art Paint does not warrant or represent that your use of any information contained in this website will not interfere with rights of a third party.
Copyrights, trademarks and other property rights
5.1. All information posted on Art Paint, such as statements, diagrams, signs, button icons, images, audio document segments, digital downloads, data edits and software are the sole property of the Company.
5.2. All Art Paint (the “Site”) members have the right to upload photos and videos while placing a review. You are solely responsible for each individual item (“Item”) of Content that you post, email or make available via the service.
5.3. The site and content available through the service may contain links to other websites, which are completely independent of Art Paint (the “Store”), and the Store makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on said content, and that under no circumstances will Art Paint be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the service. You acknowledge that Art Paint does not pre-screen or approve content, but that Art Paint shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the Terms of Service (TOS) or for any other reason.
6.1. The customer declares to have exercised civil rights and being at least 18 years old on the day the order is placed. Under these TOS, the customer is acting for personal purposes, excluding any professional or commercial ones.
6.2. The customer agrees to provide information, in accordance with these TOS, that is accurate, precise and up to date.
6.3. The customer declares to be the holder of the credit card and / or PayPal account with which the ordered Good(s) will be paid in accordance with the ordering process, or confirms to have the proper authorization of the licensee.
6.4. The customer is responsible for safekeeping of his/her account information and password and restricting the entry to his/her computer and the customer also approves to respond all the activities with your account and password
Prices, delivery costs
7.1. The representation of the Goods on the Site does not have the value of a contractual offer but acts as an online catalogue without obligation. All the goods offered on the Site are described in good faith and as faithfully as possible.
7.2. We pass on our purchasing advantage as a major customer with our suppliers to our customers. The low prices thus made possible therefore do not allow any further discounts.
7.3. Our prices are always including the statutory VAT at the valid rate. The corresponding VAT amount is calculated automatically in the cart at the time of purchase for the total amount of the purchase.
7.4. Offers and prices are indicated in € (EURO) and are only valid on the date of placing the order. They are subject to change at any time without notice.
7.5. The price reductions or other promotional offers indicated on the packaging of the ordered goods are already included in our purchase prices mentioned on the Site.
7.6. Only the price displayed on the website is valid between the contracting parties. The prices offered at the end of the ordering process indicate the overall prices including all taxes, as well as delivery costs and other possible costs.
7.7. Due to the large amount of data on the website, some may be inaccurate and, if the price shown is clearly incorrect, you cannot require the purchase to be concluded at that incorrect price.
7.8. The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself
8.1. When using the website (the Site), the customer shall:
- not provide and transmit information prohibited by law;
- use the Store in a manner that does not disrupt its operation;
- not disseminate and/or place incorrect commercial information within the Store;
- use the Store in a manner that does not create inconvenience to other customers and/or to the Store Administrator;
- use the information placed in the store only for personal purposes.
8.2. Every order placed on the Site follows different steps and each step is successively confirmed by the “click” of a confirmation icon. The ordering process follows a logical and transparent path that can be perceived through proper layout and graphics. Orders are placed only on the webpage of the Store, following the order placement procedure.
8.3. The customer can place an order without having to permanently register his personal data in the Store’s database (so-called purchases without registration).
8.4. The condition for placing the order is the completion in the form of all the required data, required to generate and send the fiscal invoice or the fiscal receipt.
8.5. The store receives orders placed online throughout the day, every day of the week. Orders placed on weekends or public holidays will be processed within maximum two working days from the ordering date.
8.7. Until the order is confirmed and placed by clicking on the button “Place order”, the customer has the possibility to make changes regarding the Goods in the order, as well as the data for delivery and invoicing. The confirmation by the customer of the order through the “Place order” key is equivalent to accepting the obligation to pay the price of the goods and the delivery costs, about which the customer is informed directly, before confirming the order.
8.8. The confirmation by the Client of the order according to point above constitutes the order sent by the Client to Art Paint, to conclude the sales contract, according to the content of the order and the present Regulation.
8.9. After placing the order, the customer receives at the e-mail address indicated a message regarding the placed order: the ordered goods quantities, the order’s value, the delivery type and chosen payment, the order delivery time, as well as the Client’s contact data, the information about the way of submitting the complaint as well as about the customer’s right to withdraw the order. This email also represents the confirmation of the order receipt by the Store.
8.10. The Store confirms within the period indicated (2 working days) the customer’s order acceptance or the refusal by sending an e-mail to the address indicated by the customer while placing the order. After receiving this confirmation, the sales contract for the ordered the goods is concluded between the two parties.
8.11. Without prejudice to the customer’s right to withdraw from the contract, according to the legislation in force, the customer may cancel the order before receiving from the Store the confirmation of the purchase offer, i.e. before receiving the email confirming acceptance of the order for completion. In this regard, the customer must urgently contact the contact the Store by e-mail.
8.12. The Store reserves the right to refuse to place the order if:
- the contact details of the customer are so unclear that make it impossible to deliver the goods, and/or
- the transaction has not been authorized in the electronic payment system.
8.13. The information about the purchase price of the ordered goods on the web page of the Store is mandatory from the moment of the receipt by the customer of the e-mail confirming the acceptance of the order placed. The respective price does not undergo any changes, regardless of the price changes in the Store that may take place after the order confirmation by email.
8.14. The customer will pay the price of the ordered goods and the shipping costs, through the Site’s electronic payment system.
8.15. Art Paint reserves the right to change the price of the goods in the Store, to introduce new goods for sale, to carry out or revoke promotional actions on the Store’s website, to make required changes on the website in accordance with the provisions the legislation in force, provided that these amendments do not infringe the rights of persons who have concluded contracts for the sale of goods offered by the Store before the changes occurred.
Order refusal (non-validation)
9.1. Art Paint reserves the right to refuse (not validate) an order, without its liability being incurred in this regard, in particular in the following cases:
- In case of out of stock: the customer will be informed by email about the status and the estimated renewal of the stock. The customer will be required to confirm the choice of waiting for its availability or cancelling it. Our service offerings and prices are valid as long as they are visible on the website. However, in case of ordering a goods that, for any reason, is no longer available, the order will be cancelled by the Store and the customer will be informed refunded for the specific goods;
- In case of refusal to validate the payment by the issuer of the payment card you are using, or in case of fraud or reasonable suspicion of fraud;
- In the event of abuse of the right of withdrawal granted to you during several previous orders;
In such a case, any amounts paid by the customer will be refunded in full as soon as possible, the order will be cancelled and the purchase contract is not deemed to have been concluded.
Purchase e-mail confirmation
10.1. The purchase contract is concluded by sending an e-mail confirming the order acceptance. Said e-mail is sent within two working days of the receipt of the order by the Store.
10.2. The customer agrees to check the receipt of this email in your inbox, as well as in the spam or spam section if applicable. It is recommended that the customer keeps a copy of this order shipment confirmation email and a copy of the corresponding TOS, either by printing them or keeping them on a durable medium.
11.1. The customer agrees to receive an electronic invoice.
Order validity and proof
12.1. Notwithstanding any other written evidence or any evidence held on another durable medium to which the customer has access, it is agreed that computerized records, kept on the Store’s computerized systems or those of the web host, may be used as evidence of communications, content of orders, their date and payments between the contracting parties.
Terms of payment and delivery for direct purchasing
13.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.
13.2. Full payment must be made in advance in the case of all payment types.
13.3. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
13.4. If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears
13.5. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.
13.6. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.
13.7. The Store reserves the right to dispatch all deliveries against prepayment.
13.8. The Store reserves the right to change the available payment methods without prior notice.
13.9. Payment of the purchase price is due at the conclusion of the contract. Order will be considered placed once payment by is confirmed by the financial institution.
14.1. The goods are delivered to the address indicated by the customer in the order. Delivery to PO box addresses is not possible. Please always give us your telephone number for any queries.
14.2. Deliveries are made to you within 6-8 working days from the date of the order confirmation, in the case of dispatch against prepayment from the working day following your transfer / payment. The specified delivery period begins on the date of the order confirmation. The deadline is met if the goods to be delivered are dispatched before the deadline expires.
14.3. The delivery time is extended appropriately in the event of work stoppages, in particular strikes and lockouts as well as circumstances for which we are not responsible, such as legal or official orders (e.g. import and export restrictions) or in cases of delivery delays due to force majeure. We are also not responsible for the aforementioned circumstances if they arise during an already existing delay. In important cases, we will inform you of the beginning and end of such obstacles as soon as possible. In the event of delays in delivery for which we are not responsible, we are entitled to terminate the contract due to the part of the contract that has not yet been fulfilled and to invoice the services provided so far. Any liability on the part of us for the aforementioned delivery delays or any resulting contract termination is excluded.
14.4. If the vendor is responsible for non-compliance with bindingly agreed deadlines and dates or if we are in default, your claim for compensation for damage caused by default is limited to a maximum of 5% of the invoice value of the deliveries and services affected by the default. Liability is limited to typical and foreseeable damage. Any further claims are excluded, unless the delay is due to intent or gross negligence on the part of us or our vicarious agents or legal representatives.
14.5. The goods are delivered to the address indicated by the customer in the order by parcel using DHL or DPD. The fees for the delivery of the goods are indicated in the order placing process. Due to the high costs of transport and packaging, an additional flat fee is charged per order for some products; this is noted for the products concerned.
14.6. In the case of deliveries during the school holidays, please note that deliveries to schools during the school holidays are made only if you guarantee to accept the shipment of your order. Otherwise, delivery will be made immediately after school starts again.
14.7. The vendor is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite three delivery attempts. Any payments already made by the customer will be refunded without delay.
14.8. The vendor is entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the product in question by their supplier. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.
14.9. Customers are notified of delivery periods and restrictions on delivery (e.g. delivery to specific countries to the exclusion of others) on a separate webpage or in the respective product description.
14.10. Any risk of loss or damage to the goods is transferred to the customer upon receipt of the Goods, that is, as soon as the customer, or a third party designated by the customer other than the carrier, physically take possession of those goods. Each shipped order will be accompanied by proof of purchase (tax receipt or tax invoice), as well as a replacement / return form.
14.11. All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or an erroneous reference to the order confirmed on the Site, must be notified to our customer service by email at [email protected] , within two working days from the date of receipt of the goods, in the absence of which the right to claim will cease.
14.12. Deliveries to private individuals can only be made against prepayment or credit card payment. The shipping and packaging costs are always borne by the customer and will be invoiced. For orders from countries that do not belong to the EU, the customer has to pay additional costs for customs clearance, import duties and import sales taxes, which are invoiced directly by the carriers.
14.13. Shipping is carried out by the following shipping service providers: DHL Paket GmbH Germany or DPD (Schweiz) AG.
Right of withdrawal
15.1. The right of withdrawal only applies to consumers (B2C).
15.2. The client has the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, took possession of the last goods. In order to exercise the right of withdrawal, the customer must contact us by post:
Art Paint Shop KlG
or by email at: [email protected] by means of a clear declaration of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory to use it. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the fourteen-day cancellation period has expired.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Art Paint Shop KlG
Email: [email protected]
I / we (*) hereby 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 is communicated on paper)
The Store’s customer service, will then contact the customer and indicate how to return the goods.
15.3. The customer has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
15.4. The customer, as defined according to the rules in force, has the right to withdraw from the sales contract without indicating the reason.
15.5 The term of withdrawal from the contract of sale of the goods expires after the fulfilment of 14 days from the date when the customer or a third party designated by the customer other than the carrier, physically take possession of the good.
15.6. Shipping costs are borne by the Store for problems attributable to the processing and delivery of your order. Otherwise, the direct return costs will be borne by the customer.
15.7. Following the receipt of the returned goods by the Store, the customer will be refunded the respective amount, within a maximum of 30 days from the date of the goods reception. The refund will be made using the same method of payment that was used by the Customer for the initial transaction, unless the Store expressly agrees with you on another means of payment. The store will refund the payment just upon receipt of the good in the original packaging, in impeccable condition
15.8. The goods offered in stores are new and original. Art Paint is liable for defects in the goods based on applicable law. Art Paint also complies with the legal guarantee for good conformity.
15.9. Art Paint will take measures to fully ensure the proper functioning of the Store, in the areas indicated by current technical knowledge and undertakes to remove within a reasonable time all shortcomings reported by the customers.
15.10. Any item purchased in the Store may be the subject of a complaint, in compliance with the terms and conditions of complaint established by law, if it has defects that constitute non-compliance with the concluded sales contract.
15.11. In case the Customer finds the damage of the Goods during the transport, it is recommended that he draw up in the presence of the courier a report of damages.
15.12. The vendor can refuse repayment until we have received the goods back or the customer has provided evidence that he/she has sent the goods back, whichever is earlier.
15.13. The client sends the goods that are the object of return in the original sealed (unopened) packaging, with the mention “Art Paint – Return” no later than 14 days from the date when the Store was informed about the withdrawal from this contract to the following postal address:
Art Paint Shop KlG
The deadline is met if the customer sends the goods before the fourteen-day (14 day) period has expired.
Exceptions to the right of withdrawal
16.1. The order of the following goods does not give the right of withdrawal:
- Goods that have been unsealed or damaged after delivery.
- Goods made to your specifications or that have been clearly customized.
- Property that may deteriorate rapidly or whose expiration date may be quickly exceeded.
- For the delivery of goods that are not prefabricated and for the production of which 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 sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- For the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature.
User generated content
17.1. While Art Paint is under no obligation of any kind to monitor or review any user generated content, Art Paint may do so occasionally. The Store does not take any responsibility or liability associated with the content of any such communication platforms, whether or not arising under the laws of copyright, trademarks, privacy, obscenity, or otherwise. You are explicitly prohibited from transmitting or posting any unlawful, threatening, obscene, pornographic or profane material or any material violating the law. Please note that Art Paint will fully cooperate with any court order or law enforcement authorities requesting Art Paint to disclose the identity of any person transmitting or posting such material.
17.2. In addition, Art Paint reserves the right to, but is not bound to do so, remove or block any communications or material that it considers to be:
- abusive, obscene, deceptive, misleading, offensive or defamatory,
- in violation of any intellectual property right, such as copyrights or trademark,
- in violation of any law or regulation, or
- otherwise unacceptable to Art Paint at its sole discretion.
17.3. Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content. We checked the external websites for possible legal violations at the time they were linked. At the time of linking no violations were recognizable. We cannot continuously check all the content of the linked pages without actual evidence of a legal violation. If we become aware of legal violations, we will remove the corresponding links immediately.
Retention of title
18.1. The vendor retains the title of the goods supplied until such time as full payment has been made.
Product warranty and guarantee
19.1. The vendor offers a warranty as required under statutory regulations.
19.2. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.
20.1. The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.
20.2. The vendor is liable without restriction if damage was caused with wilful intent or gross negligence.
20.3. The vendor is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case the vendor’s liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The vendor is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.
20.4. The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected.
20.5. Insofar as the vendor’s liability is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.
20.6. In the event of non-performance, Art Paint’s liability cannot be incurred if the non-performance of the purchase contract, or its poor performance, is either attributable to the customer or is attributable to the unforeseeable and insurmountable fact of a third party outside the service, or finally, is attributable to a case of force majeure.
20.7. In the current state of technical devices, Art Paint cannot guarantee error-free and/or possible Internet communication of data at any time. Therefore, Art Paint disclaims any responsibility for technical and electronic errors beyond its control, in particular for delays in processing orders.
20.8. Price changes, delivery options, errors, misprints, technical changes by the manufacturer and order acceptance are reserved.
20.9. Insofar as samples / images are available or have been submitted to you, these are non-binding. Smaller deviations in design and dimensions are permitted.
Archiving of the contract
21.1. The Store records the orders electronically. The customers can access the own archived orders for which the customers have been a Contracting Party by contacting the customer service by email at [email protected] .
21.2. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).
21.3. The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop, you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.
22.1. If a warranty is stated in the description of an item, the customer’s legal rights in this area against the Store are not affected.
22.3. This website may contain technical inaccuracies and typographical errors. Art Paint reserves the right to amend, correct and/or improve any information, as well as any goods described on this website at any time without notice.
22.4. The Store reserves the right to change these TOS at any time, without notice, based on changes to the website and services, changes in legislation, or any other legitimate reason.
22.5. In the special case of need to adapt the website and services to legislative changes, Art Paint will make every effort to make these adaptations as soon as possible. During this period, the customer acknowledges that Art Paint will not be liable for temporary defects of conformity.
22.6. The new TOS are posted online with the date of the update and are immediately applicable. The customer agrees to stay informed of these changes by regularly consulting the TOS website page.
22.7. If one or more clauses of these TOS should be declared void, invalid, illegal or unenforceable under applicable law, in whole or in part, such situation would not affect the validity of the remaining clauses. The null, invalid, illegal or inapplicable clause will be replaced retroactively by a valid and applicable clause whose content is as close as possible to that of the original clause.
22.8. The contracting parties agree that they may exchange the necessary information on the Site and the online ordering process (including the invoice) and the execution of these TOS electronically. Any electronic communication between the contracting parties shall be presumed to have the same probative value as a written one on paper. The use of the credentials by the customer allows Art Paint to consider that the customer is the one who uses the website.
22.9. Notwithstanding any provision to the contrary, neither contracting party shall be liable for any delay in the performance or non-performance of its obligations arising out of events of force majeure (such as pandemics, strike, war, earthquake, cataclysm of any kind, effects direct or indirect explosion, fire, heat release, flooding and any other case of force majeure).
22.10. The relationship Art Paint has with the customer is that of an independent contractor.
22.11. In the event of a dispute between the customer and other users of the website or a third party, Art Paint has no obligation to engage. The customer releases Art Paint, as well as its directors, employees and other members, from any action, damages or interest of any kind, known or unknown, in connection with such conflicts to which the customer may be bound.
22.12. Any communication or notification the Store gives the customer will be deemed valid as soon as it is sent to the email address provided by the customer, even if it is no longer valid. The Store can be contacted for any information, questions or complaints that may concern the website or the TOSs via the customer service by email at [email protected].
22.13. In the event of a dispute, the customer will contact the company as a matter of priority in order to obtain an amicable settlement.
22.14. The contractual relationship under these TOS between the customer and the store is subject to German law, to the exclusion of the United Nations Convention on Contracts for the International Purchase of Goods. Any dispute arising out of the validity, interpretation, execution or non-execution, interruption or termination of these TOS shall be governed exclusively by German law, with the exception of the United Nations Convention on International Contracts for the Purchase of Goods.
22.15. The legal domicile and place of fulfilment is the vendor’s headquarters insofar as the customer is a businessperson, a legal entity under public law or a special asset under public law.
22.16. The language of the contract is German.
22.17. The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. The choice of applicable law cannot, however, result in the consumer being deprived of the protection afforded to him by the provisions to which he/she cannot be derogated from by agreement under the law which would have been applicable in the absence of a choice. The choice of applicable law does not derogate from the mandatory rules of international law in relation to the law of the court seized.
22.18. The use of this website shall be governed in all respects by the laws of Germany without regard to the choice of law provisions. It is agreed that any disputes and legal proceedings directly or indirectly arising out of or relating to this website shall be submitted to the exclusive jurisdiction of the competent courts of the land of Baden Württemberg, Germany.
22.19. The content published on this website is subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the respective rights holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems.
22.20. Contents and rights of third parties are marked as such. The unauthorized duplication or distribution of individual content or complete pages is not permitted and is punishable by law. Only the production of copies and downloads for personal, private and non-commercial use is permitted.
22.21. The copyright for all internet pages under www.art-paint.shop is with Art-Paint Shop KlG.