If you do not agree to these Terms please do not register or otherwise use gestalten.com.
gestalten reserves the right to make changes to gestalten.com, our policies, and these Terms at any time. Any changes to the Terms will be reflected on gestalten.com.
The online store is available for non-commercial and domestic use only. gestalten reserves the right to refuse orders from businesses, or those that we consider are for commercial or other non-domestic concerns.
No contract will subsist between you and gestalten for the sale by it to you of any product unless and until gestalten actually dispatches the good to you. At any point up until then, we may decline to supply the goods to you without giving any reason. gestalten is entitled to withdraw from any contract in the case of errors or inaccuracies regarding the goods or the order appearing on gestalten.com.
You warrant that:
•You are over eighteen years of age. The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects;
•You will not impersonate any other person or entity or to use a false name or a name that you are not authorised to use; and,
•You will notify us immediately of any changes to the Personal Information by updating it on gestalten.com by emailing firstname.lastname@example.org.
Password and Account Security
Every user that has an account on gestalten.com is responsible for (i) keeping his or her account password confidential and secure. (ii) restricting access to such User’s computer; and (iii) keeping the email address associated with that account current. User acknowledges that it is important to keep the email address associated with his or her account current in order to receive messages from gestalten about his or her orders and inquiries or other matters. If gestalten believes that there is likely to be a breach of security or misuse of gestalten.com we may require you to change your password or suspend your account.
Whilst gestalten will make reasonable efforts to ensure that prices on gestalten.com are accurate, it will not be responsible for any errors that may occur. If gestalten discovers any errors in the price of goods, gestalten will notify you as soon as possible and give you the option to resubmit your order at the correct price or cancel the order.
Prices and delivery charges are subject to change without notice.
Authority for payment must be given at the time of placing your order.
All orders are subject to availability, and gestalten cannot guarantee the availability of any specific products.
In the event that gestalten discovers that goods are unavailable after an order has been placed, gestalten shall send you a notification by email giving you the option to modify or cancel the order.
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Die Gestalten Verlag UK Ltd) via the gestalten.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) 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
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
By clicking the "Complete Order" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. 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 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 5 Choice of law, place of fulfillment, jurisdiction
(1) 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).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) 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
Die Gestalten Verlag UK Ltd
c/o PKF Littlejohn LLP
15 Westferry Circus
London, E14 4HD
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed underhttps://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
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 English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system 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.
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 offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes. Eventual import taxes and/or customs fees are not included in the prices.
5.2 The shipping costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, where they are shown separately throughout the order transaction. If free shipping is not included, then you must bear the cost to your selected shipping address.
5.3 You must bear the costs arising from money transfers in cases which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or 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.
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 specializing 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/agb-service (https://www.haendlerbund.de/agb-service.).
last update: 07.12.2017