I. Standard business terms
§1 Basic provisions
- The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Sara Hoymann) via the www.slowandhaste.de or www.slowandhaste.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
- A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
- The subject-matter of the contract is the selling of art. Our offers on the website are non-binding and are not a binding offer to conclude a contract.
- You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
- The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed art
- You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
- You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
- We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
- Insofar as is specified in the quote, we will send you a revised submission which must be checked by you without delay. If you approve of the design, you are to approve the correction template for execution through a counter-signature in text format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval. You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention. We assume no liability for unqueried errors.
§ 4 Right of retention, reservation of proprietary rights
- You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
- The goods remain our property until the purchase price is paid in full.
- If you are a businessman, the following conditions also apply:
- We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
- You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
- In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
- If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Exclusion of warranty
The seller/contractor and the buyer/client hereby expressly agree that the statutory warranty rights pursuant to §§ 433 ff. BGB or §§ 631 ff. BGB are excluded for the work of art/contract work specified in the contract.
- Agreement on quality
The seller/contractor warrants that the work of art/commissioned work corresponds to the characteristics described in the contract at the time of handover. No further warranty is assumed.
- Awareness of the buyer/client
The buyer/client confirms that he is aware of and accepts any defects or deviations affecting the artwork/commissioned work. He waives all further claims in respect of such defects or deviations.
- Exclusion of liability
Any liability for material defects is excluded to the extent permitted by law. This shall not apply to damage caused by intent or gross negligence on the part of the seller/contractor.
- Other provisions
This Agreement constitutes the entire agreement of the parties and supersedes all prior oral or written agreements. Amendments or additions to this contract must be made in writing.
German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Sara Hoymann
Schulweg 28
20259 Hamburg
Germany
sarahoymann@googlemail.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
- 3.1 Contract language shall be German or English
- 3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- 3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
- 5.1 The prices mentioned in the respective non-binding offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes and dispatch costs.
- 5.2 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
- 5.3 The payment methods that are available are disclosed in the respective quote.
- 5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
Payment options
Payment by invoice in Euro. The invoice amount is to be settled at the time of payment on invoice within 14 days.
6. Delivery conditions and period
- 6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found in the respective quote.
- 6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
For goods customised according to customer requirements, the revised submission will be made within 30-60 working days following conclusion of the contract, execution of the design work and delivery of the goods within 30-90 working days following approval of the revised submission, unless otherwise specified in the respective quote.
Unless otherwise specified in the quote, domestic delivery of goods shall be made (Germany) within 10-20 working days, for deliveries abroad within 20-30 working days from conclusion of contract.
Please note that deliveries are not made on Sundays and other holidays.
If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.
7. Statutory warranty right
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 29.11.2023
In case of questions, please contact us at the contact details mentioned in the Legal Notice.
III. Impressum
Legal website operator identification:
Sara Hoymann
Schulweg 28
20259 Hamburg
Germany
sarahoymann@googlemail.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (https://ec.europa.eu/consumers/odr).
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.