General terms and conditions of business
§ 1. General
Our terms and conditions apply to all contracts, deliveries and other services provided by LIN ArtDesign.
Any conflicting terms and conditions of the customer are only valid if and to the extent that we expressly agree to them in writing for the respective contract. Our order confirmation regarding price, quantity, delivery time, delivery and payment terms, etc., applies to each contract. All business transactions must be in writing. For orders with a value of €1000 or more, we will inform you within two weeks whether we accept or reject the order. We will send you an order confirmation by email for every order. The products offered by LIN Artdesign are handmade. Minor deviations and changes from our illustrations and descriptions may occur. Identical products may have slight variations from one another.
§ 2. Conclusion of Contract
By placing an order, the customer makes a binding declaration of intent to purchase the goods. This constitutes an offer to conclude a purchase agreement. We are entitled to accept this offer within two weeks of receipt. The purchase agreement is concluded when we accept the offer. Acceptance occurs either through an explicit written declaration or upon delivery of the goods to the recipient. We will confirm receipt of electronic orders immediately. However, this confirmation does not constitute acceptance. For electronic orders, the contract text, including the order itself, is stored by us. We will send you this text along with these General Terms and Conditions with the order confirmation.
§ 3. Reservation of non-availability
We reserve the right to refrain from fulfilling an order if the ordered goods are not in stock and are unavailable due to limited capacity. In this case, we will inform the customer immediately of the unavailability and promptly refund any purchase price already paid. This reservation applies only if we are not responsible for the non-delivery.
§ 4. Prices, delivery and payment terms
Our prices are in euros, including 19% VAT, excluding packaging, shipping, and insurance. Shipping costs outside of Germany, as well as taxes, fees, customs duties, acceptance costs, and similar charges, are not included. For custom orders, the price is calculated based on the complexity and quantity of the cards.
The invoice is usually sent with the goods or in PDF format.
We only deliver goods against prepayment (after receipt of payment).
For orders exceeding €1000, a 50% deposit is required from the customer. A separate order will be drawn up between the business partners for this purpose.
Our invoices are due without deductions on the day they are received by the customer and must be paid no later than the 10th calendar day after the due date. Payment is considered overdue upon expiry of the payment deadline without the need for a reminder. In the event of late payment, we are entitled to charge default interest at a rate of 5% above the base interest rate of the European Central Bank. The full amount due must be credited to our account within 5 calendar days of our notification of late payment. After this period, collection proceedings will be initiated by a debt collection agency (which will incur further costs for the debtor).
§ 5. Custom-made products
For custom orders, a minimum order quantity of 300 pieces is required. We will design and produce the cards according to your specifications and requirements. Sample cards will be created in consultation with you before you place your order. Depending on the complexity of the design, it may take 4-6 weeks for you to give final approval before production begins. By submitting the sample cards, you grant us permission to use your company logo and name. The cost for developing sample cards ranges from €250 to €2500 per design and occasion. If no order is placed (minimum 300 pieces per design or occasion), the design costs will be invoiced.
Taking any changes you may request into account, we will finalize and edit the sample cards. Only once all your ideas have been implemented and after you have placed your order will we produce your cards.
§ 6. Retention of title
The delivered goods remain our property until full payment is received. For sales on a consignment basis, the customer is obligated to store the consigned goods with the care of a prudent businessperson and to insure them according to our requirements. The customer is obligated to notify us immediately in writing of any change of location of the consigned goods.
If the customer violates the aforementioned obligations, defaults on payment, or becomes insolvent, we are entitled, without prior notice, to demand the immediate return of the goods that remain our property and/or the immediate transfer of possession thereof at the customer's expense. Following this repossession, we are entitled to sell the consigned goods at our discretion and apply the proceeds to the customer's outstanding liabilities.
§ 7. Warranty and Liability
We provide a warranty in accordance with statutory regulations. The customer is obligated to inspect the goods immediately upon receipt (§§ 377, 378 German Commercial Code). Claims for defective goods, including transport damage, can only be considered if reported in writing immediately upon receipt of the shipment. The customer may choose between rectification of the defect or delivery of flawless goods. In the event that rectification of the defect would involve disproportionately high costs, we reserve the right to provide a replacement. If we are unable to rectify the defect or provide a replacement, you are entitled, at your discretion, to rescind the purchase agreement (withdrawal) or to reduce the purchase price (abatement). Withdrawal is excluded in the case of only minor breaches of contract, particularly minor defects in the goods. Our warranty does not cover defects or damage that occur after the transfer of risk to the customer due to natural wear and tear, excessive use, excessive room temperature, humidity, other temperature and weather influences, or unsuitable or improper handling.
§ 8. Limitation of Liability
In cases of slight negligence, our liability is limited to the foreseeable, typical, direct average damage. Claims arising from product liability are excluded from the aforementioned limitation of liability. This also applies to personal injury, death, and damage to health attributable to us.
§ 9. Copyright & Intellectual Property
Our designs are protected by copyright and/or design rights. It is prohibited to copy or reproduce our products, designs, or artwork in any way for commercial purposes. The customer may resell the goods we deliver within the scope of their business operations. If the customer violates this prohibition, we will demand a cease and desist declaration and claim damages for copyright infringement pursuant to Section 97 of the German Copyright Act (UrhG) and pursue further legal action.
Due to unfair competition (§4 UWG) and copyright infringement (§47 UrhG), the copyright infringer is liable to the copyright holder for damages. The amount of damages will be calculated "on the basis of the amount the copyright infringer would have had to pay as appropriate remuneration if they had obtained permission to use the infringed right" (§ 97, para. 2, UrhG). Therefore, a claim for damages due to copyright infringement does not require a signed license agreement. Damages are calculated based on our licensing terms, taking into account the revenue share and the usage rights of at least one year per infringed work.
To calculate the revenue share, the copyright infringer is obligated to provide the copyright holder with proper, verifiable sales documentation. If the copyright infringer fails to provide the requested documentation within a specified timeframe, we will calculate the revenue share based on our total sales of the infringed artwork.
According to Section 43 of the German Design Act (DesignG), the infringer is obligated to send any remaining stock of the infringing design still in their possession to LIN ArtDesign, Kampstr. 28, 45899 Gelsenkirchen, for destruction by mail. If the infringer fails to return this remaining stock of the infringing design, we will assume that the infringer has sold all the cards, and this remaining stock will therefore be included in the calculation of the revenue share.
§ 10. Information on the type, scope and purposes of the collection and use of personal data.
We only store and use personal data to the extent necessary for contract processing, service provision, and billing. You can access your stored data at any time and request it by email at info@lin-artdesign.com.
§ 11. Applicable Law
The law of the Federal Republic of Germany applies.
Our terms and conditions apply to all contracts, deliveries and other services provided by LIN ArtDesign.
Any conflicting terms and conditions of the customer are only valid if and to the extent that we expressly agree to them in writing for the respective contract. Our order confirmation regarding price, quantity, delivery time, delivery and payment terms, etc., applies to each contract. All business transactions must be in writing. For orders with a value of €1000 or more, we will inform you within two weeks whether we accept or reject the order. We will send you an order confirmation by email for every order. The products offered by LIN Artdesign are handmade. Minor deviations and changes from our illustrations and descriptions may occur. Identical products may have slight variations from one another.
§ 2. Conclusion of Contract
By placing an order, the customer makes a binding declaration of intent to purchase the goods. This constitutes an offer to conclude a purchase agreement. We are entitled to accept this offer within two weeks of receipt. The purchase agreement is concluded when we accept the offer. Acceptance occurs either through an explicit written declaration or upon delivery of the goods to the recipient. We will confirm receipt of electronic orders immediately. However, this confirmation does not constitute acceptance. For electronic orders, the contract text, including the order itself, is stored by us. We will send you this text along with these General Terms and Conditions with the order confirmation.
§ 3. Reservation of non-availability
We reserve the right to refrain from fulfilling an order if the ordered goods are not in stock and are unavailable due to limited capacity. In this case, we will inform the customer immediately of the unavailability and promptly refund any purchase price already paid. This reservation applies only if we are not responsible for the non-delivery.
§ 4. Prices, delivery and payment terms
Our prices are in euros, including 19% VAT, excluding packaging, shipping, and insurance. Shipping costs outside of Germany, as well as taxes, fees, customs duties, acceptance costs, and similar charges, are not included. For custom orders, the price is calculated based on the complexity and quantity of the cards.
The invoice is usually sent with the goods or in PDF format.
We only deliver goods against prepayment (after receipt of payment).
For orders exceeding €1000, a 50% deposit is required from the customer. A separate order will be drawn up between the business partners for this purpose.
Our invoices are due without deductions on the day they are received by the customer and must be paid no later than the 10th calendar day after the due date. Payment is considered overdue upon expiry of the payment deadline without the need for a reminder. In the event of late payment, we are entitled to charge default interest at a rate of 5% above the base interest rate of the European Central Bank. The full amount due must be credited to our account within 5 calendar days of our notification of late payment. After this period, collection proceedings will be initiated by a debt collection agency (which will incur further costs for the debtor).
§ 5. Custom-made products
For custom orders, a minimum order quantity of 300 pieces is required. We will design and produce the cards according to your specifications and requirements. Sample cards will be created in consultation with you before you place your order. Depending on the complexity of the design, it may take 4-6 weeks for you to give final approval before production begins. By submitting the sample cards, you grant us permission to use your company logo and name. The cost for developing sample cards ranges from €250 to €2500 per design and occasion. If no order is placed (minimum 300 pieces per design or occasion), the design costs will be invoiced.
Taking any changes you may request into account, we will finalize and edit the sample cards. Only once all your ideas have been implemented and after you have placed your order will we produce your cards.
§ 6. Retention of title
The delivered goods remain our property until full payment is received. For sales on a consignment basis, the customer is obligated to store the consigned goods with the care of a prudent businessperson and to insure them according to our requirements. The customer is obligated to notify us immediately in writing of any change of location of the consigned goods.
If the customer violates the aforementioned obligations, defaults on payment, or becomes insolvent, we are entitled, without prior notice, to demand the immediate return of the goods that remain our property and/or the immediate transfer of possession thereof at the customer's expense. Following this repossession, we are entitled to sell the consigned goods at our discretion and apply the proceeds to the customer's outstanding liabilities.
§ 7. Warranty and Liability
We provide a warranty in accordance with statutory regulations. The customer is obligated to inspect the goods immediately upon receipt (§§ 377, 378 German Commercial Code). Claims for defective goods, including transport damage, can only be considered if reported in writing immediately upon receipt of the shipment. The customer may choose between rectification of the defect or delivery of flawless goods. In the event that rectification of the defect would involve disproportionately high costs, we reserve the right to provide a replacement. If we are unable to rectify the defect or provide a replacement, you are entitled, at your discretion, to rescind the purchase agreement (withdrawal) or to reduce the purchase price (abatement). Withdrawal is excluded in the case of only minor breaches of contract, particularly minor defects in the goods. Our warranty does not cover defects or damage that occur after the transfer of risk to the customer due to natural wear and tear, excessive use, excessive room temperature, humidity, other temperature and weather influences, or unsuitable or improper handling.
§ 8. Limitation of Liability
In cases of slight negligence, our liability is limited to the foreseeable, typical, direct average damage. Claims arising from product liability are excluded from the aforementioned limitation of liability. This also applies to personal injury, death, and damage to health attributable to us.
§ 9. Copyright & Intellectual Property
Our designs are protected by copyright and/or design rights. It is prohibited to copy or reproduce our products, designs, or artwork in any way for commercial purposes. The customer may resell the goods we deliver within the scope of their business operations. If the customer violates this prohibition, we will demand a cease and desist declaration and claim damages for copyright infringement pursuant to Section 97 of the German Copyright Act (UrhG) and pursue further legal action.
Due to unfair competition (§4 UWG) and copyright infringement (§47 UrhG), the copyright infringer is liable to the copyright holder for damages. The amount of damages will be calculated "on the basis of the amount the copyright infringer would have had to pay as appropriate remuneration if they had obtained permission to use the infringed right" (§ 97, para. 2, UrhG). Therefore, a claim for damages due to copyright infringement does not require a signed license agreement. Damages are calculated based on our licensing terms, taking into account the revenue share and the usage rights of at least one year per infringed work.
To calculate the revenue share, the copyright infringer is obligated to provide the copyright holder with proper, verifiable sales documentation. If the copyright infringer fails to provide the requested documentation within a specified timeframe, we will calculate the revenue share based on our total sales of the infringed artwork.
According to Section 43 of the German Design Act (DesignG), the infringer is obligated to send any remaining stock of the infringing design still in their possession to LIN ArtDesign, Kampstr. 28, 45899 Gelsenkirchen, for destruction by mail. If the infringer fails to return this remaining stock of the infringing design, we will assume that the infringer has sold all the cards, and this remaining stock will therefore be included in the calculation of the revenue share.
§ 10. Information on the type, scope and purposes of the collection and use of personal data.
We only store and use personal data to the extent necessary for contract processing, service provision, and billing. You can access your stored data at any time and request it by email at info@lin-artdesign.com.
§ 11. Applicable Law
The law of the Federal Republic of Germany applies.
The LINPopUp® Story – Where German Design Meets Vietnamese Craftsmanship
LINPopUp® is the first manufacturer of pop-up cards to combine German design with traditional craftsmanship from Vietnam.
Our unique 3D cards are born from the idea of uniting art, emotion, and sustainability in a small gesture.
My Team & I
Each card is designed in Germany – with attention to detail, clear design, and a sense of aesthetics
In our own workshop in Vietnam, these designs are then brought to life by experienced artisans. The result: handmade LIN Pop-Up Cards of the highest quality that bring joy and wonder.
LINPopUp® is more than paper: It is design, emotion, and craftsmanship in perfect harmony.
Fair Trade & Social Projects
In our workshop in Vietnam, over 50% of our employees are untrained women
who cannot pursue higher education due to difficult financial circumstances. The female workers receive a fair wage for their work
with us, allowing them to support themselves.
We pay particular attention to the rights of our employees regarding working conditions and working hours. Child labor is prohibited in our company.