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Last updated May 04, 2023

Payment Methods

Offline payment / bank transfer after invoicing

1 Scope

(1) These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, Moltrassi Artwork, owner EM Papillon UGmbH, Finkenweg 1, D 41379 Brüggen,, telephone: +49 173 4318007, and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance through our invoice sent to you.

(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.

(4) We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.

2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By sending an order via the online shop by clicking on the "Order with obligation to pay" button, you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; Your existing right to cancel your order, if any, remains unaffected by this.

(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.

(4) A contract is only concluded when we accept your order through a declaration of acceptance / an invoice sent to you or through the delivery of the ordered items.

(5) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.

3 Terms of delivery and payment in advance

(1) We are entitled to make partial deliveries if this is reasonable for you.

(2) a) The delivery period for national shipments is approximately five working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract. 

b) The delivery time for international shipments is approximately 14 working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract. 

(3) The payment for the goods is made exclusively by bank transfer on your part after receipt of the invoice by email. As soon as I have received the amount, your order will be securely packed and shipped. The delivery period begins with payment of the purchase price and shipping costs.

4 Prices and shipping costs

(1) All prices are currently including shipping costs. As a small business owner, I currently do not report any sales tax and do not pay any.

(2) Any shipping costs incurred are specified in our price information in our online shop. The price and any shipping costs incurred are also displayed in the order form before you send the order.

 (3) If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will calculate shipping costs for each partial delivery.

(4) If you revoke your contractual declaration effectively, you will bear the flat-rate return costs for shipping, subject to the statutory requirements. The goods are to be returned in the original packaging only.

(5) The customer bears any customs duties and processing costs incurred in customs clearance when shipping outside the EU. We are not responsible for customs delays. 

5 Terms of Payment and Set-off and Right of Retention

(1) The purchase price and possibly the shipping costs are to be paid within two weeks of receipt of our invoice at the latest.

(2) You can only pay the purchase price and shipping costs using the payment option we offer (bank transfer).

(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also not entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.

6 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

7 Warranty

(1) We are liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items shall come into effect in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees result from the guarantee condition that may be attached to the item enclosed.

8 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

(2) In other cases, we are only liable, unless otherwise regulated in paragraph 3, in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

9 copyrights

We have the copyright to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

10 Governing Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and have your usual place of residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

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