General Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all orders placed via our online shop. Our online shop is exclusively for consumers.

 

For Germany: According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

For Austria: In the following terms and conditions, "consumer" means the "Konsument" in the sense of the Consumer Protection Act (KSchG).

For Switzerland: In the following terms and conditions, "consumer" means the "Konsument" under Swiss law.

2. Contracting party, conclusion of contract, correction possibilities

The purchase contract is concluded with Kunstatelier artfromilkasheart by Ilka Pia Claren.

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products non-bindingly in the shopping cart and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.

4. Subject of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an essential part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any uncertainties, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), minor deviations between the displayed and the actual product colors are possible.

For wood products, natural deviations in grain, structure and color of the wood are possible.

4.3 Right of use

Sketches, drafts, preliminary products, etc., possibly created by us to fulfill the order, are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the extent agreed in the contract.

5. Delivery conditions

 Delivery options

We ship the products to the delivery address specified in the order process.

We only deliver by shipping. Self-collection of the goods is unfortunately not possible.

6. Payment

6.1 Prices

The prices stated at the time of the order apply. These are total prices and include the statutory value-added tax.

6.2 Payment methods

In our shop, the following payment methods are generally available to you.

Prepayment
If you choose prepayment, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. You will receive further information during the order process.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with PayPal. You can find more information about this in your PayPal account.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Unless otherwise stated below, payment via Klarna requires a successful address and creditworthiness check and is made directly to Klarna. You will receive further information on the respective payment option and in the order process.

Invoice purchase via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice. Payment by invoice can only be used by consumers.

Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with Klarna. You can find more information about this in your Klarna account.

Installment purchase via Klarna
You can pay the invoice amount in up to 36 monthly installments. For some orders, a down payment may be required. The due date is based on Klarna's payment schedule. The payment method "installment purchase via Klarna" can only be used by consumers.

Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria (e.g. interest-free installment plans). However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with Klarna. You can find more information about this in your Klarna account.

Sofort/Sofortüberweisung via Klarna
To pay the invoice amount via Sofort/Sofortüberweisung (instant bank transfer) via Klarna, you must have a Klarna account and a bank account enabled for online banking, identify yourself accordingly and confirm the payment instruction. When paying by Sofortüberweisung, Klarna does not perform a creditworthiness check. Your account will be debited immediately after placing the order. You will receive further information during the order process.

Credit card via Klarna
In the order process, you enter your credit card details. Your card will be debited by Klarna immediately after placing the order. No address or creditworthiness check takes place.

Direct debit via Klarna
You issue a SEPA direct debit mandate to Klarna. Klarna will inform you of the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.

7. Warranty and guarantees

7.1 Liability for defects

The statutory liability for defects applies.

For consumers residing in Switzerland:
You should, as soon as practicable in the ordinary course of business, inspect the condition of the received item and, if defects for which the seller is liable arise, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed approved, unless the defects were not recognizable during a customary examination. If such defects appear later, notification must be made immediately after their discovery, otherwise the item is also deemed approved with regard to these defects.
Notwithstanding the foregoing, the following applies: If defects in an item that has been properly integrated into an immovable work have caused the defectiveness of the work, these must be reported within 60 days. Defects that were not recognizable during customary examination must be reported within 60 days of their discovery.

Please return the defective product to us with a description of the defect. You bear the transport costs incurred. We provide a warranty by remedying defects. This is done at our discretion either by removing the defect (rectification) or by delivering a defect-free item (replacement delivery). If the supplementary performance fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to price reduction is excluded.

7.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

8. Liability

Towards consumers residing in Austria, we are always liable without limitation.

Otherwise, the following applies:
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, limb or health,
• in case of intentional or grossly negligent breach of duty,
• in case of guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

9. Dispute resolution

We are willing to participate in out-of-court mediation proceedings before a consumer arbitration board.

Should individual clauses of these General Terms and Conditions be wholly or partially ineffective, the remainder of the contract shall remain effective. Insofar as individual clauses are ineffective, the content of the contract shall be governed by the statutory provisions.