Terms and conditions
1) Scope of Application
1.1 These General Terms and Conditions of BeastArt-store apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is a natural or legal person or a legal partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.3 The subject matter of the contract may, depending on the product description provided by the seller, involve both the purchase of goods in the form of a one-time delivery and the purchase of goods in the form of a permanent delivery. In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer at the contractually owed intervals for the duration of the agreed contract term.
Incorrect Address Provided by the Buyer:
If an incorrect address is provided by the buyer during an order, we are not obliged to refund the invoice amount until the shipment is returned to us independently. However, we offer redirection to the correct address. Please contact us by email for this purpose.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. To do so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days by:
sending the customer a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 When selecting the payment method "PayPal Express," payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, the customer also simultaneously provides PayPal with a payment order. In this case, the seller already declares the acceptance of the customer's offer at the time the customer triggers the payment process by clicking the button that concludes the ordering process.
2.5 When selecting the payment method "Amazon Payments," payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, the customer also simultaneously provides Amazon with a payment order. In this case, the seller already declares the acceptance of the customer's offer at the time the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these terms and conditions after the customer has submitted their order. However, the customer can no longer access the contract text via the seller's website after submitting their order.
2.7 Prior to bindingly submitting the order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be to use the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 Only the English language is available for the conclusion of the contract.
2.9 Order processing and communication usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is accurate so that they can receive the emails sent by the seller to that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The available payment options will be communicated to the customer in the seller's online shop.
4.4 If payment is made using a payment method offered by PayPal, the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 When selecting the payment method "SOFORT," payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount using "SOFORT," the customer must have an online banking account with PIN/TAN authorization that is activated for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment order to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the customer's bank account is debited. The customer can obtain further information about the payment method "SOFORT" on the internet at https://www.klarna.com/sofort/.
4.6 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of credit card payment is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG debits the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with discharging effect. The credit card will be charged immediately after the customer's order is sent in the online shop. Even when selecting the payment method credit card via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding the product, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer unless otherwise agreed. The delivery address specified in the order processing of the seller is decisive for the transaction. However, in the case of selecting PayPal as the payment method, the delivery address stored by the customer at the time of payment with PayPal is decisive.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had announced the service to the customer a reasonable time in advance. This also does not apply with regard to the costs for the initial shipment if the customer effectively exercises their right of withdrawal. Regarding the return shipping costs, the regulation made in the seller's withdrawal policy applies if the customer effectively exercises their right of withdrawal.
5.3 Self-collection is not possible for logistical reasons.
5.4 What happens in case of refusal of acceptance? In the event of refusal of parcel acceptance after it has already been shipped, we reserve the right to retain 30% of the purchase price due to logistics costs. 70% will be refunded directly to the customer.
6) Contract Duration and Termination for Subscription Contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at the end of each month.
6.2 The right to terminate for cause remains unaffected. A cause for termination exists if, considering all circumstances of the individual case and weighing the mutual interests of both parties, it cannot be reasonably expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period.
6.3 Terminations must be made in writing or in text form (e.g., by email).
7) Retention of Title
If the seller provides goods in advance, they reserve ownership of the delivered goods until the full payment of the purchase price owed.
8) Warranty for Defects
8.1 If the purchased item is defective, the statutory provisions regarding warranty rights apply.
8.2 However, for used goods, the following deviation applies: Claims for defects are excluded if the defect occurs more than one year after delivery of the goods. Defects that occur within one year of delivery can be claimed within the statutory limitation period. However, the limitation of liability to one year does not apply:
to items that have been used in accordance with their intended purpose for a building and have caused its defectiveness,
to claims for damages and reimbursement of expenses by the customer, and
in cases where the seller has fraudulently concealed the defect.
8.3 The customer is requested to report any obvious transportation damages to the carrier and notify the seller accordingly. Failure to comply with this request does not affect the customer's statutory or contractual warranty claims.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller as part of promotional campaigns with a specific validity period and provided free of charge, which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Certain products may be excluded from the voucher campaign if such a restriction is indicated in the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before completing the ordering process. Retroactive offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The total value of the goods must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.8 The balance of a promotional voucher will not be paid out in cash or earn interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods, fully or partially paid for with the promotional voucher, within their statutory right of withdrawal.
9.10 The promotional voucher is intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.
10) Applicable Law
For all legal relationships between the parties, the laws of the Federal Republic of Germany apply, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
11) Alternative Dispute Resolution
11.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12) Digital twin NFTs
12.1 The company sells physical artwork to customers through the online store.
12.2 As part of the sale, the customer also receives a digital NFT associated with the physical artwork.
12.3 The customer acquires ownership of the physical artwork and has the right to use it for personal purposes.
12.4 The digital NFT ensures the originality and limitation of the artwork.
12.5 However, the company retains all ownership rights to the NFT and the associated digital content.
12.6 The customer has the right to trade the NFT and use it for personal purposes.
12.7 Any commercial use, such as printing and selling the NFT or using it for other commercial purposes, is expressly prohibited.
12.8 The company guarantees the originality and limitation of the sold physical artwork through the associated NFT.
12.9 However, the company does not provide any warranty or guarantee regarding the availability, functionality, or value of the NFT on the secondary market.
12.10 The company is not liable for any damages, losses, or claims arising from the use or trade of the NFT.
12.11 The company retains all copyright and other intellectual property rights to the NFT and the associated digital content.
12.12 The customer may only use the NFT for personal purposes and has no right to reproduce, distribute, or engage in any other commercial use of the NFT.
13) Refund Policy
Please note that once an order has been placed, it cannot be modified or canceled before delivery. All orders are processed immediately to ensure timely delivery.
What does the customer need to do for a refund?
To return your item, please inform us of your decision by sending an email to email@example.com. You will receive further information regarding the return process via email. After that, the items must be returned at your own expense to our International Returns Center: (Marvin Guellier, Herrenbergstr. 30, 77815 Bühl, Germany).
Who bears the cost?
The buyer is responsible for the return shipping costs.
When can the customer expect a refund?
A refund will be processed within 14 days after the return arrives, in the form of a reimbursement to the originally chosen payment method.
14) Consequences of withdrawal
If you withdraw from this contract, we will promptly and no later than fourteen days from the day we receive the returned goods, refund all payments received from you, including the delivery costs (except for any additional costs arising from choosing a different type of delivery than the least expensive standard delivery offered by us). We may withhold the reimbursement until we have received the goods back. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the immediate costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling them in a way other than what is necessary to establish the nature, characteristics, and functioning of the goods.
We only accept returns in perfect and unused condition.