1. Scope of application

1.1. The following general terms and conditions are part of every contract between Karen Bauer (based in 23701 Eutin, Bismarckstrasse 20) and you as a customer (hereinafter also referred to as “customer”). The general terms and conditions apply to legal transactions between Karen Bauer and companies / commercial customers and with private individuals as consumers.

1.2. Karen Bauer provides services and deliveries exclusively on the basis of these terms and conditions in their currently valid version.

2.Subject matter of a contract

The subject of the contract is the product you ordered or made according to your individual requirements, with the characteristics and dimensions of the product description. Illustrations on the website and in catalogues are for general product information in purely graphic representation and have no claim to completeness and accuracy.

3. Formation of a contract

3.1. Offers / product presentations are always subject to change and non-binding.

3.2. Conclusion of contract in Karen Bauer’s online shop.

When ordering in Karen Bauer’s online shop, you, as a customer, click on the “Send order” button to make a binding declaration to Karen Bauer to accept these terms and conditions as part of the contract and to purchase the contents of the shopping cart. Your order can be accepted by sending a separate order confirmation by e-mail or by delivering the goods within 14 working days at the latest when the goods are delivered within Germany, in the rest of Europe after 14 working days at the latest. Confirmation of receipt of your order will be sent automatically to you by email, but this does not yet constitute acceptance of the contract.

4. Information obligations of the customer

4.1. Your personal information must be provided truthfully. If your data changes during the term / execution of the contract, you are obliged to notify these changes immediately. If you fail to do so or if you provide incorrect data from the outset, Karen Bauer is entitled to withdraw from the concluded contract free of charge. You can be charged for costs resulting from misdirection of the goods due to incomplete or incorrect address details.

4.2. As Karen Bauer’s contractual partner, you must ensure that the email account or telephone number you have provided is contactable. It must be ensured that the receipt of emails is not excluded due to forwarding, decommissioning or overcrowding of the email account.

5. Right of withdrawal of the consumer

5.1. Consumers have a 30-day right of withdrawal in accordance with the following regulations:

Right of withdrawal

If you as a consumer have placed your order in Karen Bauer’s online shop by email or by phone, you can cancel your contractual declaration within 30 days without giving a reason in text form (cancellation form). The period begins after receipt of this instruction in text form, but not before you have received the goods.

The revocation must be sent to:

Karen Bauer
Bismarckstrasse 20
23701 Eutin

Email: shop@karenbauer.de

The return must be made at your expense only to the postal address mentioned above. In the event of an effective cancellation, the services received on both sides must be returned. If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to pay compensation. Items that can be sent as parcels are to be returned at Karen Bauer’s risk. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods and for Karen Bauer with its reception.

5.2. The right of withdrawal is excluded in accordance with § 312d Paragraph 4 No.1 BGB if you as a consumer have goods provided for your personal wishes or have been made to measure for private purposes. You remain unaffected by this, if the contract performance is defective.

5.3. There is a delivery note with your invoice documents. Please put it in the package with the items you want to send back. Please send the goods back in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage.

6. Terms of delivery

6.1. The goods are delivered in Germany within 3-10 working days – in the rest of Europe approx. 24 working days – since receipt of the order to the specified delivery address. Karen Bauer points out that depending on the supplier, delivery times can be significantly longer in individual cases.

6.2. The delivery takes place from the warehouse to the delivery address you have provided, unless a written deviation has been agreed. In the case of legal transactions, the risk of performance in the case of a shipment is only transferred to you when the goods are handed over or if you are in default of acceptance with the delivery. In the case of legal transactions with companies / commercial customers, the risk of performance is transferred when the goods are handed over to the person intended for dispatch. Delays in the delivery to you are solely the responsibility of the supplier or you.

6.3. Partial deliveries are permitted and count as independent deliveries, unless a partial delivery is not reasonable for you as a customer. You will not be charged for any resulting additional costs.

7. Terms of payment

7.1. The prices listed on the website https://karenbauer.de at the time of the order apply. All prices are to be understood as end customer prices including statutory sales tax at the time the contract is concluded.

7.2. The listed price is due for payment upon conclusion of the contract. Payment for the goods is made using a payment method to be selected on the website (also as part of the ordering process).

7.3. The shipping costs are shown on the website as part of the ordering process. Free delivery within Germany from 49 € value of goods.

7.4. If you as the customer are in arrears with your payment obligation, Karen Bauer is entitled to charge default interest to consumers in the amount of 5 percentage points – to companies / commercial customers in the amount of 8 percentage points – above the applicable base rate. In the event of non-payment, payment arrears either without a reminder 14 days after the due date or with the day after the reminder has been issued. The assertion of further claims for damages remains unaffected, in particular higher interest, additional costs and reminder fees in the amount of € 10.00 per reminder. Bank costs resulting from incorrect account data or unauthorized transfer can be charged to you as a customer, unless you are not responsible for the incorrect information. You are entitled to provide proof that Karen Bauer has suffered no or less damage.

8. Retention of title

8.1. The goods remain the property of Karen Bauer until the purchase price has been paid in full. As a customer, you are obliged to treat the delivered goods with care.

8.2. At the same time, you are entitled to resell the purchased goods in the ordinary course of business, as long as you are not in default with Karen Bauer. However, you already have to assign all claims in the amount of the gross invoice amount that accrue to you from the resale against a third party. The assignment is hereby adopted.

9. Works of art are protected by copyright

9.1. All paintings, drawings and sketches are protected by copyright worldwide and may not be used for commercial or non-private purposes and / or reproduced or used for advertising and / or promotional purposes or published in any form without the express written permission of Karen Bauer.

9.2. The buyer acquires the original picture. Copyright remains with Karen Bauer. An offer with exploitation rights (use of a picture e.g. for magazines or for advertising purposes) is created on request. A publication or use for advertising or promotional purposes can only take place if this has been approved in advance by Karen Bauer and a license agreement has been signed by both parties. The right of use and the copyright remain with the author Karen Bauer.

9.3. In the event of a copyright infringement, claims for damages, e.g. for lost license fees, are due.

10. Self-promotion

10.1. All commissioned work is photographed and used for self-promotion. If you do not want this, please let us know before placing the order. Your name or other personal information will never be passed on – or only with your express permission.

11. Art prints

11.1. If art prints of custom drawings are not desired, this must be stated in writing before the order confirmation.

12. Right of set-off & retention

12.1. You only have the right to offset if your counterclaims have been legally established or recognized by Karen Bauer.

12.2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship. If there are impairments in the use of the contractual object, you as the customer are only entitled to temporarily withhold the remuneration owed in accordance with the amount of the remedial effort.

13. Elimination of defects

13.1. Karen Bauer remedies legal transactions with consumers based on legal requirements. If you have placed the order as a merchant, you are obliged to examine the subject of the contract immediately upon receipt with the reasonable care reasonable under the given circumstances and to notify Karen Bauer in writing immediately of any ascertainable material defects. Defects that are initially undetectable must also be reported to Karen Bauer immediately after their discovery, in compliance with the complaint requirements set out in sentence 1. If you do not meet these obligations, the contractual object is deemed to have been approved with regard to this material defect, with the result that the assertion of claims for defects is excluded. This does not apply to malice. As part of the subsequent performance to be performed, Karen Bauer has the choice of companies / commercial customers as to whether the subsequent performance should take the form of rectification or replacement delivery. If the supplementary performance fails, you as the customer can withdraw from the contract if the legal requirements are met or reduce the agreed remuneration and, if necessary, claim damages.

14. Liability

14.1. Karen Bauer is liable for whatever legal reason (e.g. breach of duty, tort) – subject to the provisions in section 12 – for compensation or reimbursement of wasted expenditure accordingly in the event of intent or gross negligence, in the absence of an assumed guarantee and in the case of malice without limitation the height. In the event of slight negligence, if a duty is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (essential contractual obligation). Liability for each individual damage event is limited to the foreseeable damage typical for the contract when the contract was concluded. In addition, liability is excluded due to other slightly negligent damage and to companies or commercial customers due to loss of profit, additional personnel costs for the customer, loss of use and / or due to loss of sales.

14.2. Liability for the lack of an assumed guarantee due to malice, for damage to life, body or health is based on the statutory provisions.

14.3. There is an obligation for you as the customer to immediately report any damage in the sense of the above liability regulations in writing or to have it recorded by Karen Bauer, so that she is informed as early as possible and damage reduction can be carried out together with the damaged customer.

15. Limitation

15.1. For consumers as customers, the limitation period for claims to remedy defects for new goods and for any claims for damages is two years from delivery of the goods. The limitation period for used goods is one year. If the customer is an entrepreneur in terms of § 14 BGB, the limitation period for new goods is one year from delivery. For used goods, rectification of the defect is excluded with the restrictions set out in Section 11.

15.2. For other claims of the customer from the contract and from a contractual relationship (§ 311 Paragraph 2 BGB), a limitation period of one year from the start of the statutory limitation period applies. The claims become statute-barred at the latest when the statutory maximum periods expire (§ 199 Paragraphs 3 and 4 BGB).

15.3. In the event of intent and gross negligence, the statutory limitation periods apply.

16. Legal status

16.1. These General Terms and Conditions and the contracts concluded between you and Karen Bauer on the basis thereof are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention. Mandatory provisions of the legal system of the state in which you have your habitual residence remain unaffected.

16.2. If you as a customer are a merchant, a legal entity under public law or a special fund under public law, or do not have a general place of jurisdiction in Germany or if you move abroad after the contract is concluded or your place of residence is not known at the time the action is filed, the place of jurisdiction is the place of jurisdiction for all contracts that are concluded including these terms and conditions, the court responsible for Karen Bauer’s company headquarters.

17. Written form

17.1. All agreements that include a change, addition or specification of these contractual terms, as well as special assurances and agreements are to be set down in writing.

17.2. Should individual provisions of these General Terms and Conditions be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.