I. Standard business terms

1. Basic provisions

1.1 The following business terms are applicable to all the contracts, which you conclude with us as a supplier (CRISART PICTURE) via the www.crisart.net website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

1.2  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.

2. Conclusion of the contract

2.1 The subject-matter of the contract is the selling of products .

2.2 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.

2.3 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) 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 "CONFIRM ORDER” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

2.4 You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

2.5 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. Individually-designed products

3.1 You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
 
3.2 You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
 
3.3 We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.

4 Right of retention, reservation of proprietary rights

4.1 You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

4.2 The goods remain our property until the purchase price is paid in full.

5. Warranty

5.1 The statutory warranty rights are applicable.

5.2 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.


6. Choice of law, place of fulfilment, jurisdiction

6.1 CANADA 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).

6.3 The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

4. Prices and payment arrangements

4.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs.

4.2 Delivery is made from Canada. For some countries may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.

4.3 You must also bear the costs arising from money transfers in case currency you decide to pay is not USD.

5. Delivery conditions

5.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, will be sent via email.

6. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).