General Terms & Conditions
Sect. 1 Scope of validity, customer information
The following general terms and conditions (GTC) govern the contractual relationship between Turiya Kunstkreation GmbH and consumers and entrepreneurs who purchase goods in our shop. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.
Sect. 2 Conclusion of contract
(1) The offers on the internet represent a non-binding invitation to you to purchase goods.
(2) You can put one or more products into the cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone or by fax.
(3) With the immediate submission of confirmation of receipt by e-mail or by fax the offer will also simultaneously be deemed accepted and the sales contract concluded. In the case of a telephone order, the purchase contract is deemed valid if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
Sect. 3 Customer information: Storage of the contractual text
The contract with the item details will be stored by us. You have no access to this information over the internet. We will send the GTC to you, but you can download the GTC at any time in addition, over our web page. You can make a screenshot (= screen photography) at the time of the order or alternatively print out the whole side.
Sect. 4 Customer information: Correction note
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options.
Sect. 5 Retention of title
The purchase item remains our property until full payment is made.
Sect. 6 Expiry of your warranty claims
(1) The warranty complies with the statutory provisions.
(2) Consumer warranty for used goods
Your warranty due to defects in used goods expires one year after delivery of the item sold to you. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. For these excluded claims, the statutory limitation periods apply.
(3) Business warranty for entrepreneurs
Your warranty claims due to defects in purchased goods expire one year from the transfer of risk. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. Also excluded is the right of recourse under §478 Bürgerliches Gesetzbuch (BGB, Civil Code). For these excluded claims, the statutory limitation periods apply.
Sect. 7 Limitation of liability
We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). The same applies to breaches of duty by any of our agents and legal representatives. The contractual obligations include, in particular, the obligation to deliver the item and title to you. We furthermore must deliver to you the item free of material defects and deficiencies.
Sect. 8 Jurisdictional venue
The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.
Sect. 9 Consumer information: Non-participation in a dispute settlement procedure
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer complaint office (“Verbraucherschlichtungsstelle”)