GENERAL TERMS AND CONDITIONS
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
8. Applicable Law
9. Place of Jurisdiction
10. Alternative dispute resolution
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions of the company Gustav van Treeck
Werkstätten für Mosaik und Glasmalerei GmbH (hereinafter referred to as "Seller”) shall
apply to all contracts concluded between a consumer or a trader (hereinafter referred to
as "Client”) and the Seller relating to all goods and/or services presented in the Seller's
online shop. The inclusion of the Client’s own conditions is herewith objected to, unless
other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any natural person
concluding a legal transaction for a purpose attributed neither to a mainly commercial
nor a self-employed occupational activity. A trader pursuant to these Terms and
Conditions is any natural or legal person or partnership with legal capacity acting in the
performance of a commercial or self-employed occupational activity when concluding a
1.3 Digital content in the sense of these General Terms and Conditions are all data not
on a tangible medium which are produced in digital form and are supplied by the Seller
by granting certain usage rights precisely defined in these General Terms and
2) CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order conformation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 In case of an order via the Seller's online order form, the text of the contract is
stored and sent to the Client in text form (e.g. e-mail, fax or letter) after the posting of
his order in addition to the available General Terms and Conditions. However, the text of
the contract can no longer be retrieved via the Seller's website, after the Client has
submitted his order.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
2.6 The German and the English language are exclusively available for the conclusion of
2.7 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) RIGHT TO CANCEL
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the Seller’s
instruction on cancellation.3.3 The right to cancel does not apply to consumers, who are no nationals of a member
state of the European Union at the time of concluding the contract und whose exclusive
domicile and delivery address were located outside of the European Union at the time of
concluding the contract.
4) PRICES AND PAYMENT CONDITIONS
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total
prices including the statutory sales tax. Delivery costs, where appropriate, will be
indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
4.3 In case of delivery to countries outside the European Union, additional costs may
incur in individual cases for which the Seller is not responsible and which have to be
borne by the Client. This includes for example transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
costs regarding money transfer may also incur, if delivery is not made in a country
outside the European Union and the Client carries out the payment from a country
outside the European Union.
4.4 If prepayment has been agreed upon, payment shall be due immediately upon
conclusion of the contract
5) SHIPMENT AND DELIEVERY CONDITIONS
5.1 Goods are generally delivered on dispatch route and to the delivery address
indicated by the Client, unless agreed otherwise. During the processing of the
transaction, the delivery address indicated in the Seller’s order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client's control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail
that the goods are available for collection. After receiving the e-mail, the Client may
collect the goods in consultation with the Seller at the Seller's place of business. In this
case shipment costs will not be charged.
6) RESERVATION OF PROPRIETARY RIGHTS
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
7.1 Should the object of purchase be deficient, statutory provisions shall apply.
7.2 The Client is asked to notify any obvious transport damages to the forwarding agent
and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall
not affect his statutory or contractual claims for defects.
8) APPLICABLE LAW
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law only applies to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
8.2 Furthermore, this choice of law regarding the right to cancel does not apply to
consumers, who are not nationals of a member state of the European Union at the time
of concluding the contract and whose exclusive domicile and delivery address is located
outside of the European Union at the time of concluding the contract.
9) PLACE OF JURISDICTION
If the Client is a businessman, a legal entity of public law or a separate estate under
public law with its seat in the territory of the Federal Republic of Germany, the Seller’s
place of business shall be the sole place of jurisdiction for all legal disputes arising from
this contract.. If the Client is domiciled outside the territory of the Federal Republic of
Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal
disputes arising from this contract provided that the contract or claims from the contract
can be assigned to the Client’s professional or commercial activities. In any event
however, regarding the aforementioned cases the Seller is entitled to call the court
responsible for the seat of the Client.
10) ALTERNATIVE DISPUTE RESOLUTION
10.1 The EU Commission provides on its website the following link to the ODR platform:
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.