myPaintLab General Terms and Conditions (GTC)

I. General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider via the website www.malen-nach-zahlen.store, unless a change is agreed upon in writing between the parties. Differing or conflicting terms and conditions are only valid with our express consent.

(2) We only offer our goods for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of their commercial or independent professional activity (entrepreneur). The conclusion of a purchase contract with consumers is excluded.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the additional information on our website.

(2) Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) You can submit a binding purchase offer (order) by email, in writing or via the online shopping cart system.

When purchasing via the online shopping cart system, the goods you wish to purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is displayed again on the order overview page.

Before submitting your order, you have the opportunity to check all details again, change them (also using the "back" function of your internet browser) or cancel the purchase. By submitting your order using the corresponding button, you are submitting a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute a contract.

(4) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(5) Upon request, we will prepare an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer by confirming it in text form.

(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“ODR platform”) at http://ec.europa.eu/consumers/odr .

§ 3 Prices, payment terms and shipping costs

(1) The prices stated in the respective offers represent net prices. They do not include statutory value added tax.

(2) The shipping costs are not included in the purchase price; they will be charged separately unless free shipping has been promised. Further details can be found under a correspondingly labelled button on our website or in the respective offer.

(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Unless a different payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.

§ 4 Delivery Conditions

(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. If you pay in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and shipping costs.

(2) If, contrary to expectations, a product ordered by you is not available for a reason for which we are not responsible despite the timely conclusion of an adequate hedging transaction, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) The shipment is at your own risk. If you so wish, the shipment will be made with appropriate transport insurance, whereby the costs incurred in this regard will be borne by you.

(4) Partial deliveries are permitted and can be invoiced by us separately, provided that you are not charged with additional shipping costs.

§ 5 Warranty, Return, Cancellation

(1) The warranty period for damage to the goods is one year from delivery of the goods to the customer. The one-year warranty period does not apply to damages attributable to us caused by negligence resulting from injury to life, body or health, damages caused by gross negligence or intent or malice, as well as to recourse claims.

(2) Only our own information and the manufacturer's product description shall be deemed to be agreed upon as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.

(3) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects in writing within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.

(4) In the event of defects, we will provide warranty at our discretion by repair or replacement delivery. If the remedy of the defect fails, you can, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

(5) You can return goods with (quality) problems to the respective service partner within one month of delivery to the shipping address.

(6) Right of withdrawal: You have the right to withdraw from the purchase contract within 1 month without giving any reason. The withdrawal period shall be 1 month from the day on which you or a third party designated by you takes possession of the goods.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transfer of ownership as security is not permitted.

(3) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

(4) If the reserved goods are combined or mixed, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Liability

(1) We are liable without limitation for damages resulting from injury to life, body or health. We are also liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of a guarantee for the quality of the purchased item and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding provisions in our customer information (Part II) and general terms and conditions (Part I).

(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.

(4) In the event of a breach of minor contractual obligations, liability shall be excluded in the event of slightly negligent breaches of duty.

(5) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 8 Place of performance, place of jurisdiction

The place of performance and jurisdiction is our registered office.

______________________________________________________________________________________________________


II. Customer information

1. Identity of the seller

MyPaintLab - Paint by Numbers

RUBY HOUSE
8 RUBY PLACE
ABERDEEN
AB10 1ZP
E-Mail: info@mypaintlab.com

2. Information on the conclusion of the contract

The technical steps for concluding the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is English.

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system or the inquiry, the contract data can be printed out or saved electronically using the browser's print function.

4. Statutory liability for defects in goods

Liability for defects in our goods is governed by the "Warranty" provision in the General Terms and Conditions (Part I).

last updated: June 2024