Terms of service

General Terms and Conditions with Customer Information

1) Scope

1.1 These General Terms and Conditions (the “Terms”) of Anne Rautenberg-Siebers, trading as “Anne Siebers / TONA arts” (the “Seller”), apply to all contracts for the supply of goods concluded by a consumer or business customer (the “Customer”) with the Seller concerning goods displayed in the Seller’s online shop. The Customer’s own terms are excluded unless otherwise agreed.

1.2 These Terms also apply to contracts for the supply of vouchers, unless otherwise specified.

1.3 A consumer is a natural person entering into a legal transaction for purposes predominantly outside their trade, business or independent professional activity.

1.4 A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or independent professional activity when entering into a legal transaction.

2) Conclusion of the contract

2.1 Product descriptions in the Seller’s online shop are not binding offers by the Seller; they invite the Customer to submit a binding offer.

2.2 The Customer can submit an offer using the online order form. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods in the cart by clicking the button that completes the order.

2.3 The Seller may accept the Customer’s offer within five days by sending a written order confirmation or a confirmation in text form (fax or email), with receipt by the Customer being decisive; by delivering the ordered goods, with receipt by the Customer being decisive; or by requesting payment after the Customer has placed the order. If several of these events occur, the contract is concluded when the first occurs. The acceptance period starts on the day after the Customer sends the offer and ends at the end of the fifth day following submission. If the Seller does not accept within this period, the offer is deemed rejected and the Customer is no longer bound by it.

2.4 If a payment method offered by PayPal is selected, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under the PayPal User Agreement or, for Customers without a PayPal account, the terms for payments without a PayPal account. If the Customer pays using a PayPal payment method available during checkout, the Seller hereby accepts the Customer’s offer at the moment the Customer clicks the button completing the order.

2.5 When an offer is submitted using the online order form, the Seller stores the contract text after conclusion and sends it to the Customer in text form (for example by email, fax or letter) after the order is submitted. The Seller does not provide any further access to the contract text. The Customer can access their order details free of charge through the online shop’s customer account. Sign-in uses the email address used for the order and a one-time confirmation code sent by email.

2.6 Before submitting a binding order, the Customer can identify input errors by carefully reading the information displayed on screen. The browser’s zoom function can help identify errors by enlarging the display. Entries can be corrected using normal keyboard and mouse functions until the button completing the order is clicked.

2.7 Contracts can be concluded in German and English.

2.8 Orders and communications are generally handled by email and automated order processing. The Customer must provide a correct email address that can receive the Seller’s emails. In particular, when using spam filters, the Customer must ensure that emails sent by the Seller or third parties engaged by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further details are provided in the Seller’s withdrawal notice.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a European Union Member State and whose sole residence and delivery address are outside the European Union.

4) Prices and payment

4.1 Unless the product description states otherwise, the quoted prices are total prices including statutory VAT. Any additional delivery and shipping charges are stated separately in the relevant product description.

4.2 Deliveries to countries outside the European Union may incur additional costs beyond the Seller’s control that are payable by the Customer, such as bank transfer or currency exchange fees and import duties or taxes. Money-transfer costs may also arise where delivery is within the European Union but payment is made from outside the European Union.

4.3 Available payment methods are displayed in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless a later due date is agreed.

4.5 When a payment method offered through PayPal is selected, payment is processed by PayPal, which may use third-party payment service providers. If the Seller offers PayPal payment methods under which the Seller performs before payment (for example payment on invoice or instalments), the Seller assigns the payment claim to PayPal or to the payment service provider engaged by PayPal and specifically identified to the Customer. Before accepting the assignment, PayPal or that provider carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the result is negative. If approved, the Customer must pay within the agreed period or intervals and can discharge the debt only by paying PayPal or the designated provider. The Seller remains responsible for general enquiries about goods, delivery times, shipment, returns, complaints, withdrawal declarations and returned goods, and credits, even after assignment.

5) Delivery and shipping

5.1 Where the Seller offers shipment, goods are delivered within the stated delivery area to the address provided by the Customer, unless otherwise agreed. The address in the Seller’s order processing system is decisive. For PayPal payments, however, the delivery address registered with PayPal by the Customer at the time of payment is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to outbound delivery costs where the Customer effectively exercises the right of withdrawal. In that case, return shipping costs are governed by the Seller’s withdrawal notice.

5.3 For business Customers, the risk of accidental loss or deterioration passes to the Customer when the Seller hands the goods to the freight forwarder, carrier or other person or organisation responsible for shipment. For consumers, this risk generally passes only when the goods are handed to the Customer or a person authorised to receive them. For consumers, the risk exceptionally passes upon handover to the carrier if the Customer independently engaged that carrier and the Seller had not previously named that carrier to the Customer.

5.4 The Seller reserves the right to withdraw from the contract if the Seller’s supplier fails to deliver correctly or properly, but only if the Seller is not responsible for the failure and, exercising due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to obtain the goods. If goods are unavailable or only partly available, the Customer will be informed immediately and the corresponding payment refunded immediately.

5.5 Collection by the Customer is not available for logistical reasons.

5.6 Vouchers are supplied by download, email or post.

6) Retention of title

If the Seller performs before payment, ownership of the delivered goods remains with the Seller until the purchase price has been paid in full.

7) Liability for defects (warranty)

7.1 Statutory liability for defects applies unless the following provisions state otherwise. The following exceptions apply to contracts for the supply of goods.

7.2 For business Customers, the Seller chooses the form of subsequent performance; the limitation period for defects in new goods is one year from delivery; rights and claims concerning defects in used goods are excluded; and replacement delivery does not restart the limitation period.

7.3 The above limitations of liability and shortened periods do not apply to the Customer’s claims for damages or reimbursement of expenses; defects fraudulently concealed by the Seller; goods used for a building in accordance with their normal use that caused its defectiveness; any obligation to provide updates for digital products; or contracts for goods with digital elements.

7.4 For business Customers, statutory limitation periods for any statutory rights of recourse remain unaffected.

7.5 A Customer who is a merchant within the meaning of section 1 of the German Commercial Code (HGB) is subject to the commercial inspection and notification duties under section 377 HGB. If the Customer fails to comply with those duties, the goods are deemed accepted.

7.6 Consumers are asked to report obvious transport damage to the delivery carrier and inform the Seller. Failure to do so does not affect their statutory or contractual rights concerning defects.

8) Special terms for processing goods to the Customer’s specifications

8.1 If the contract requires processing goods to the Customer’s specifications in addition to supplying them, the Customer must provide all necessary content, such as text, images or graphics, in the file formats, formatting and image/file sizes specified by the Seller, and grant the necessary usage rights. The Customer alone is responsible for obtaining the content and rights. The Customer declares and takes responsibility for having the right to use the supplied content and must ensure that no third-party rights, particularly copyright, trademark or personality rights, are infringed.

8.2 The Customer indemnifies the Seller against third-party claims arising from infringement of their rights through the Seller’s contractual use of the Customer’s content, including necessary defence costs and statutory court and legal fees. This does not apply if the Customer is not responsible for the infringement. If a third party makes a claim, the Customer must promptly provide all information necessary to assess and defend it, truthfully and in full.

8.3 The Seller may reject processing orders where the supplied content violates statutory or administrative prohibitions or public morals, particularly content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors or glorifies violence.

9) Promotional vouchers

9.1 Vouchers issued free of charge by the Seller for promotions with a defined validity period and which cannot be purchased (“Promotional Vouchers”) can be redeemed only in the Seller’s online shop and during the stated period.

9.2 Individual products may be excluded if the Promotional Voucher specifies such a restriction.

9.3 Promotional Vouchers must be redeemed before completion of the order; they cannot be applied afterwards.

9.4 Only one Promotional Voucher can be used per order.

9.5 The value of the goods must be at least equal to the voucher amount. Unused credit is not refunded.

9.6 If the voucher value does not cover the order, the difference can be paid using another payment method offered by the Seller.

9.7 Promotional Voucher credit is neither paid out in cash nor interest-bearing.

9.8 A Promotional Voucher is not refunded if the Customer returns goods paid for wholly or partly with it under the statutory right of withdrawal.

9.9 A Promotional Voucher is intended only for the person named on it and cannot be transferred. The Seller may, but need not, check the holder’s substantive entitlement.

10) Gift vouchers

10.1 Vouchers available for purchase in the Seller’s online shop (“Gift Vouchers”) can be redeemed only in that shop unless the voucher states otherwise.

10.2 Gift Vouchers and remaining balances can be redeemed until the end of the third year following the year of purchase. Remaining balances are credited to the Customer until expiry.

10.3 Gift Vouchers must be redeemed before completion of the order and cannot be applied afterwards.

10.4 Several Gift Vouchers may be redeemed in one order.

10.5 Gift Vouchers can be used to buy goods, but not further Gift Vouchers.

10.6 If the voucher value is insufficient, the difference can be paid using another payment method offered by the Seller.

10.7 Gift Voucher credit is neither paid out in cash nor interest-bearing.

10.8 Gift Vouchers are transferable. The Seller may discharge its obligation by providing performance to the holder who redeems the voucher, unless the Seller knows, or through gross negligence does not know, that the holder lacks entitlement, legal capacity or authority to represent the entitled person.

11) Applicable law

11.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding laws on the international sale of movable goods. For consumers, this choice applies only insofar as it does not remove protection afforded by mandatory provisions of the law of the country where the consumer habitually resides.

11.2 This choice of law does not apply regarding the statutory right of withdrawal for consumers who, when the contract is concluded, are not nationals of a European Union Member State and whose sole residence and delivery address are outside the European Union.

12) Alternative dispute resolution

12.1 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration body, but is willing to do so.