General terms and conditions of business

1. GENERAL

1.1 The following General Terms and Conditions apply to all current and future deliveries, services and offers from Susanne Haun (“Susanne Haun”). At the latest when using the services of Susanne Haun, the consumer or entrepreneur (“Customer”) agrees to the General Terms and Conditions.

1.2 Conflicting terms and conditions of the customer will not become part of the contract even without express objection, even if they are known and delivered, unless Susanne Haun has agreed to their validity in writing. This consent requirement applies in particular if the customer refers to his general terms and conditions in the order confirmation and these are not expressly contradicted.

1.3 Individual agreements and information take precedence over these General Terms and Conditions. Individual agreements must be in text form at least.

1.4 Deviations from these terms and conditions as well as changes and additions to contracts that have already been concluded and are subject to Susanne Haun's terms and conditions must be made at least in text form.

2. OFFER AND CONCLUSION OF CONTRACT

2.1 Susanne Haun's offers are subject to change and non-binding, particularly with regard to prices, quantities, delivery times, delivery options and additional services. Every offer by the customer requires an order confirmation in writing or text form from Susanne Haun.

2.2 For the avoidance of doubt: The product descriptions (prices, quantities, delivery times, delivery options and additional services) contained in Susanne Haun’s online shop do not constitute binding offers from Susanne Haun, but serve to submit a binding offer by the customer.

2.3 Contact, order (offer) and processing (acceptance of offer) usually take place via email and/or automated order processing via the online shop. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by Susanne Haun can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by Susanne Haun or third parties commissioned by her to process orders can be delivered.

2.4 Susanne Haun reserves the right to make changes to the offer documents or the order confirmation if these cannot be avoided in order to comply with legal or technical standards.

2.5 Susanne Haun is entitled to have services owed by her performed by third parties

3. PRICES

3.1 The prices shown are total prices, excluding shipping costs. The prices stated in the order confirmation are decisive.

3.2 According to Section 19 of the Sales Tax Act (UStG), Susanne Haun does not charge sales tax.

3.3 Shipping costs within Germany are shown separately in the order. For orders outside Germany, shipping costs are agreed individually with the customer.

3.4 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which Susanne Haun is not responsible and which must be borne by the customer. These include, for example - but not exclusively - costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Costs relating to the transfer of money may also be incurred if the delivery takes place within a country of the European Union, but the customer makes the payment from a country outside the European Union or the payment is made in a foreign currency, i.e. not in the "Euro" currency.

4. DELIVERY AND DELIVERY PERIOD

4.1 Unless expressly agreed otherwise, the goods will be delivered by post. When the goods are shipped, the delivery address provided by the customer during order processing (online shop or other communication with Susanne Haun) is decisive. Delivery addresses provided by third parties, such as PayPal, are not taken into account.

4.2 If self-collection at Susanne Haun's headquarters is expressly agreed, Susanne Haun will first inform the customer in writing or text form that the goods ordered by them are ready for collection. The collection date is set by mutual agreement between the customer and Susanne Haun. The collection date is confirmed in writing or text form by both parties. The customer can request a change to the agreed collection date for the last time up to one week before the originally agreed collection date. After this period has expired, a change to the collection date is only possible with the express consent of Susanne Haun.

4.3 Partial deliveries and services are permitted to a reasonable extent. These are generally to be regarded as an independent transaction.

4.4 The deadlines specified by Susanne Haun, in particular delivery dates, are only binding if they have been confirmed as binding in writing or electronically.

4.5 Changes to orders will result in the cancellation of agreed delivery dates and deadlines, unless otherwise agreed.

4.6 Delivery and performance deadlines shall be extended appropriately in the event of force majeure and all other impediments for which Susanne Haun is not responsible and which have a significant impact on delivery or performance, in particular in the event of a strike or lockout at suppliers or their subcontractors.

5. DELAY IN ACCEPTANCE

5.1 When the ordered goods are handed over on the agreed delivery date, they are transferred to the customer. This is equivalent to handover if the customer refuses to accept them on the agreed delivery date or if the customer has missed the agreed delivery date for reasons that are his responsibility, such as incomplete or incorrect information, delays in the provision of information or lack of attendance.

5.2 In the event of non-acceptance or non-receipt by the customer, Susanne Haun may assert the legal rights to which she is entitled. If the customer defaults on accepting or taking delivery of ordered goods, Susanne Haun is entitled, after setting a reasonable grace period of no more than 14 days, to withdraw from the contract or to demand compensation for non-performance.

6. RIGHT OF WITHDRAWAL
According to the statutory provisions, consumers have a right of withdrawal, about which Susanne Haun informs them using a separate model withdrawal form.

7. WARRANTY

7.1 The customer's rights in the event of material and legal defects in the goods shall be governed by the statutory provisions at the time of assertion, unless otherwise specified and permitted below.

7.2 The customer is aware that the works of art offered by Susanne Haun are unique pieces that are unique in their execution and creation. The customer acknowledges and accepts that the works of art are not subject to any warranty with regard to their handmade nature and individual artistic execution. This applies in particular to irregularities that are due to the artisanal nature of the work of art. The customer also accepts that slight deviations in color, texture and other aesthetic characteristics may occur compared to the images in the online shop. Susanne Haun also does not guarantee that the works of art correspond to the personal preferences or expectations of the customers. It is the customer's responsibility to carry out an appropriate inspection of the works of art before purchasing.

7.3 Susanne Haun guarantees that the works of art are genuine, original works of art by Susanne Haun and that the works of art correspond to the characteristics specified in the service description with regard to the artistic execution in accordance with the specified techniques and styles, the materials of manufacture and the dimensions (dimensions of the work of art and frame).

7.4 Defects that are not the responsibility of Susanne Haun are excluded from the warranty. Susanne Haun is not obliged to provide a warranty if defects have arisen after modifications, interventions or use in breach of contract, unless the customer proves that the defects were already present when the goods were handed over or that they are not causally related to the events mentioned above. The installation of the works of art, e.g. hanging them on the wall, is expressly not a service obligation of Susanne Haun. The customer is responsible for the proper installation of the works of art. The customer is also aware that works of art are sensitive to light, especially UV rays, and that these can damage the color fastness and quality of the works of art. The warranty for damage caused by improper storage or exposure of the works of art is excluded.

7.5 Warranty claims must be made in writing, whereby text form is sufficient; they must contain a precise description of the defect complained of. After receiving the complaint, Susanne Haun will, at its own discretion, either provide instructions on how to remedy the defect or take other suitable measures to remedy the defect. Susanne Haun can also remedy the defect by giving the customer written, electronic or telephone instructions.

8. LIABILITY

8.1 Susanne Haun shall be liable for damages for any legal reason whatsoever in accordance with the following provisions.

8.2 The liability of Susanne Haun and her legal representatives and vicarious agents in cases of intent or gross negligence shall be governed by the statutory provisions.

8.3 Furthermore, the liability of Susanne Haun and her legal representatives and vicarious agents for slight negligence is excluded unless one of the following cases applies:

• Damages resulting from injury to life, body or health;
• the breach of duties within the meaning of Section 241 Paragraph 2 of the German Civil Code (BGB), if the customer can no longer be expected to provide the service;
• the assumption of a guarantee for the quality of a service, for the existence of a service success or for a procurement risk;
• Intervention of the provisions of the Product Liability Act;
• Deceit, initial impossibility and other cases of mandatory statutory liability.

8.4 Liability is also unlimited in amount for damages that are attributable to serious organizational negligence on the part of Susanne Haun, as well as for damages that were caused by the lack of a property guaranteed by Susanne Haun.

8.5 In the event of a breach of essential contractual obligations, Susanne Haun's liability shall be limited to the damage typically foreseeable under the contract if none of the cases mentioned in sections 8.2 to 8.4 apply.

8.6 Any further liability for damages is excluded, in particular liability is excluded regardless of fault. This exclusion also extends to damages instead of performance, regardless of the legal basis, the violation of obligations arising from the contractual relationship, tortious acts and claims for reimbursement of expenses in accordance with Section 284 of the German Civil Code (BGB).

8.7 If damage is due to both the fault of Susanne Haun and the fault of the customer, the customer must accept responsibility for his or her contributory negligence.

8.8 In the event that Susanne Haun is unable to provide the agreed service due to force majeure, strikes, unrest or other disruptions for which Susanne Haun is not responsible, Susanne Haun is released from its obligation to provide the service. Susanne Haun is not liable for any damage and/or consequential damage resulting from these service interruptions.

8.9 The customer's claims for damages against Susanne Haun expire within 2 years. The limitation period begins at the time of the damaging event.

8.10 The customer can only withdraw from the contract due to a breach of duty that is not based on a defect and if the other legal requirements are met if Susanne Haun is responsible for the breach of duty. Withdrawal is excluded if the breach of duty is minor.

9. PAYMENT METHODS

9.1 Unless otherwise agreed, payment of the prices and shipping costs is due upon sending of the order confirmation or as part of the online shop order processing.

9.2 The payment options are communicated to the customer in Susanne Haun's online shop. If Susanne Haun or the customer uses third parties for payment (e.g. Paypal), their general terms and conditions also apply.

9.3 Without the need for a reminder, the customer automatically falls into default 30 days after receipt of the invoice. If the customer falls into default with payment, Susanne Haun is entitled to charge interest in accordance with Section 288 Paragraph 2 of the German Civil Code (BGB) as damages for default. The assertion of further damages remains unaffected.

9.4 Set-off or retention is only permissible if counterclaims have been acknowledged in writing by Susanne Haun or have been legally established or have been legally binding.

10. RESERVATION OF TITLE

10.1 Susanne Haun retains title to all goods delivered until the purchase price has been paid in full. The goods delivered by Susanne Haun and the goods covered by the retention of title that replace them in accordance with the following provisions are hereinafter referred to as "reserved goods".

10.2 If the customer breaches the contract, in particular if payment is delayed or if payment is expected to be suspended, Susanne Haun is entitled to take back the reserved goods at the customer's expense or to demand the assignment of any claims for return that the customer may have against third parties. These rights also apply if the secured claims have expired. Susanne Haun is entitled to sell the reserved goods if necessary and to satisfy outstanding claims from the proceeds of the sale.

10.3 If Susanne Haun exercises a right of return in accordance with the above paragraph, Susanne Haun is entitled to collect the reserved goods still in the customer’s possession.

10.4 Exercising rights arising from retention of title or demanding the return of the goods shall not be deemed to constitute withdrawal from the contract.

10.5 If third parties access the reserved goods, in particular by initiating seizure proceedings, the customer will immediately inform them of Susanne Haun's ownership and inform Susanne Haun of this in order to enable the enforcement of its property rights. If the third party is unable to reimburse Susanne Haun for the legal or extrajudicial costs incurred in this connection, the customer is liable to Susanne Haun for this.

11. SCOPE OF GRANT OF RIGHTS

11.1 The customer only acquires physical ownership of the purchased goods. Susanne Haun retains the copyright and industrial property rights and all associated rights as well as the exploitation rights to the goods, unless expressly agreed otherwise.

11.2 Any licensing or use of the Goods for commercial purposes, including but not limited to advertising, marketing or merchandising, requires the express written consent of Susanne Haun and may be subject to additional royalties or conditions.

11.3 Any reproduction, publication or distribution of the purchased goods is only permitted with the prior written consent of Susanne Haun. This includes, but is not limited to, prints, copies, photographs or digital representations of the goods.

11.4 Any changes or modifications to the goods, including but not limited to overpainting, retouching or manipulation, are prohibited without the express written consent of Susanne Haun.

12. ASSIGNABILITY OF CLAIMS
The customer is not entitled to assign his claims from the contracts concluded with Susanne Haun without the consent of Susanne Haun or to transfer other rights or obligations from the contracts concluded with Susanne Haun, in whole or in part, to third parties. This also applies to warranty claims. Consent is granted if the customer has a legitimate interest.

13. DATA PROTECTION
The customer consents to the collection, processing, use and storage of his personal data insofar as this is necessary to carry out the contractual relationship. If Susanne Haun no longer has a legitimate interest in storing the data, the customer can request that the data be deleted at any time.

14. FINAL PROVISIONS

14.1 Even if one or more provisions are legally ineffective, these terms and conditions remain binding in their remaining parts. In place of the ineffective, unenforceable or missing provision, the contracting parties will agree on a legally permissible provision that the contracting parties would have agreed on, taking into account the economic and legal purpose, if they had been aware of the ineffectiveness, unenforceability or absence of the relevant provision when concluding the contract.

14.2 The contractual relationships between Susanne Haun and the customer are governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the IPR provisions. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his or her habitual residence, remain unaffected.

14.3 These General Terms and Conditions contain a German and an English version. In the event of any discrepancies and for the purposes of interpretation, the German text shall prevail.

14.4 These General Terms and Conditions apply from May 1, 2024. They become invalid as soon as new General Terms and Conditions are communicated to the customer in writing, whereby text form is sufficient. From this point on, the new General Terms and Conditions apply.