General Terms and Conditions
§ 1. General
Our Terms and Conditions apply to all contracts, deliveries, and other services provided by the company LIN ArtDesign.
Contradictory terms and conditions of the customer are only valid if and to the extent that we approve them in writing for the respective contract conclusion. Our order confirmation regarding price, quantity, delivery time, delivery and payment terms, etc., shall apply to each individual contract. All business transactions require the written form. For orders with a value of €1,000 or more, we will inform you within 2 weeks whether we accept or decline the order. We will send you an order confirmation by email for every order. The products offered by the LIN ArtDesign company are handmade. Small deviations and changes compared to our images and descriptions may occur. Identical products may have slight variations from one another.
§ 2. Conclusion of Contract
By ordering the goods, the customer declares in a binding manner that they wish to purchase the goods. It is an offer to conclude a purchase contract. We are entitled to accept the contractual offer within two weeks of receipt. The purchase contract is concluded when we accept the offer. Acceptance occurs either through an express written declaration or by delivery of the goods to the recipient. We will confirm receipt of electronic orders immediately. This confirmation does not constitute an acceptance. In the case of electronic orders, the contract text, including the order, will be stored by us. With the order confirmation, we will send you this text along with the applicable General Terms and Conditions.
§ 3. Reservation of Non-Availability
We reserve the right to refrain from fulfilling the order if we do not have the ordered goods in stock and they are not available due to limited capacity. In this case, we will inform the customer immediately about the non-availability and refund any purchase price already paid without delay. This reservation only applies in cases where 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. Costs, taxes, fees, duties, acceptance costs, and similar expenses incurred for shipping outside of Germany are not included. For custom-made items, the offered price is calculated based on the complexity and order quantity of the cards.
The invoice is generally sent with the goods or in PDF format.
We only deliver goods against prepayment (after receipt of payment).
For order values of €1,000 or more, a deposit of 50% of the order total must be paid by the customer. A special contract will be drawn up between the business partners for this purpose.
Our invoices are due without deductions on the day of receipt by the customer and must be paid no later than the 10th calendar day after the due date. Upon expiration of the payment period, the customer is in default without the need for a reminder. In the event of default, we are entitled to charge default interest in the amount of 5 percentage points above the base interest rate of the European Central Bank. Within 5 calendar days after our notice of payment default, the amount to be paid must be received in full in our account. After this period, the dunning process will be initiated by a collection agency (resulting in further costs for the debtor).
§ 5. Custom Production
For custom-made items, a minimum order quantity of 300 pieces is required. We will design and manufacture the cards according to customer ideas and specifications. Sample cards will be created after consultation with the customer prior to order placement. Depending on the level of difficulty, it may take 4–6 weeks for the cards to be approved by you in a final acceptance check before production begins. For the design of the cards, the customer grants us permission to use the company logo and company name for the sample cards. The costs for the development of sample cards range from €250 to €2,500 per design and occasion. In the event that no order is placed (min. 300 pieces per design or per occasion), the design/development costs will be invoiced to you.
We will complete and edit the sample cards while taking into account any change requests you may have. We will only produce your cards once all your requirements have been realized and after you have placed your order.
§ 6. Retention of Title
The delivered goods remain our property until full payment has been received. For sales on a commission basis, the customer is obliged to store the commission goods with the diligence of a prudent businessman and to insure them upon our request. The customer is obligated to notify us immediately in writing of any change of location of the commission goods.
If the customer breaches the aforementioned obligations, falls into payment default, or becomes insolvent, we are entitled to demand the immediate return of the goods in our possession and/or to take immediate possession of them at the customer's expense without setting a grace period. After this repossession, we are entitled to dispose of the commission goods privately and offset the proceeds against the customer's liabilities.
§ 7. Warranty and Liability
We provide a warranty in accordance with statutory regulations. The customer is obliged to check the goods immediately (§§ 377, 378 HGB). If the delivered goods are defective, including transport damage, this can only be considered if reported in writing immediately after receipt of the shipment. The customer can choose between rectification of defects or delivery of faultless goods. In the event that rectifying the defect involves disproportionately high costs, we reserve the right to provide a replacement delivery. If we are unable to rectify the defect or provide a replacement, you are entitled, at your discretion, to rescind the purchase contract (withdrawal) or reduce the purchase price (abatement). In the case of only minor contract violations, particularly only minor defects in the goods, a withdrawal is excluded. Our warranty does not extend to material defects or damages that arise after the transfer of risk to the customer due to natural wear and tear, excessive strain, strong room heating, humidity, other temperature and weather influences, or improper handling.
§ 8. Limitation of Liability
In the case of slightly negligent breaches of duty, our liability is limited to the direct average damage foreseeable and typical for the contract. Claims arising from product liability are excluded from the aforementioned limitation of liability. This also applies to damages involving life, limb, and health for which we are responsible.
§ 9. Copyright & Intellectual Property Rights
Our motifs and designs are protected by copyright and design law. It is prohibited to copy our articles, motifs, or designs or to reproduce them in any form for commercial purposes. The customer is permitted to resell the goods supplied by us within the scope of their business operations. If the customer violates this prohibition, we will demand a cease-and-desist declaration and damages due to copyright infringement under § 97 UrhG (German Copyright Act) and pursue further legal action.
Due to unfair competition (§ 4 UWG) and copyright infringement (§ 47 UrhG), the infringer of the copyright is obligated to compensate the author for damages. The amount of damages will be "calculated on the basis of the amount the infringer would have had to pay as reasonable compensation if they had obtained permission to use the infringed right" (§ 97, para. 2, UrhG). Therefore, the claim or invoice for damages due to copyright infringement does not require a concluded license agreement that the infringer would have to sign. The assessment of damages is calculated based on our license regulations, taking into account the share of revenue and the right of use for at least 1 year per infringed motif.
For the calculation of the revenue share, the copyright infringer is obligated to make the proper, verifiable revenue documents available to the author. If the copyright infringer does not provide the requested documents within a specified period, we will calculate the revenue share based on our total revenue generated with the infringed motif.
In accordance with § 43 DesignG (German Design Act), the infringer is obligated to send any remaining stocks of the affected motif in their possession by post to LIN ArtDesign, Kampstr. 28, 45899 Gelsenkirchen, for destruction. If the copyright infringer does not return these remaining quantities of the affected motif, we will assume that the infringer has sold the complete cards, and these remaining stocks will thus be taken into account for the calculation of the revenue share.
§ 10. Information regarding the type, scope, and purposes of the collection and use of personal data.
We store and use personal data only to the extent necessary for contract processing, service provision, and billing. You can access the 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 the company LIN ArtDesign.
Contradictory terms and conditions of the customer are only valid if and to the extent that we approve them in writing for the respective contract conclusion. Our order confirmation regarding price, quantity, delivery time, delivery and payment terms, etc., shall apply to each individual contract. All business transactions require the written form. For orders with a value of €1,000 or more, we will inform you within 2 weeks whether we accept or decline the order. We will send you an order confirmation by email for every order. The products offered by the LIN ArtDesign company are handmade. Small deviations and changes compared to our images and descriptions may occur. Identical products may have slight variations from one another.
§ 2. Conclusion of Contract
By ordering the goods, the customer declares in a binding manner that they wish to purchase the goods. It is an offer to conclude a purchase contract. We are entitled to accept the contractual offer within two weeks of receipt. The purchase contract is concluded when we accept the offer. Acceptance occurs either through an express written declaration or by delivery of the goods to the recipient. We will confirm receipt of electronic orders immediately. This confirmation does not constitute an acceptance. In the case of electronic orders, the contract text, including the order, will be stored by us. With the order confirmation, we will send you this text along with the applicable General Terms and Conditions.
§ 3. Reservation of Non-Availability
We reserve the right to refrain from fulfilling the order if we do not have the ordered goods in stock and they are not available due to limited capacity. In this case, we will inform the customer immediately about the non-availability and refund any purchase price already paid without delay. This reservation only applies in cases where 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. Costs, taxes, fees, duties, acceptance costs, and similar expenses incurred for shipping outside of Germany are not included. For custom-made items, the offered price is calculated based on the complexity and order quantity of the cards.
The invoice is generally sent with the goods or in PDF format.
We only deliver goods against prepayment (after receipt of payment).
For order values of €1,000 or more, a deposit of 50% of the order total must be paid by the customer. A special contract will be drawn up between the business partners for this purpose.
Our invoices are due without deductions on the day of receipt by the customer and must be paid no later than the 10th calendar day after the due date. Upon expiration of the payment period, the customer is in default without the need for a reminder. In the event of default, we are entitled to charge default interest in the amount of 5 percentage points above the base interest rate of the European Central Bank. Within 5 calendar days after our notice of payment default, the amount to be paid must be received in full in our account. After this period, the dunning process will be initiated by a collection agency (resulting in further costs for the debtor).
§ 5. Custom Production
For custom-made items, a minimum order quantity of 300 pieces is required. We will design and manufacture the cards according to customer ideas and specifications. Sample cards will be created after consultation with the customer prior to order placement. Depending on the level of difficulty, it may take 4–6 weeks for the cards to be approved by you in a final acceptance check before production begins. For the design of the cards, the customer grants us permission to use the company logo and company name for the sample cards. The costs for the development of sample cards range from €250 to €2,500 per design and occasion. In the event that no order is placed (min. 300 pieces per design or per occasion), the design/development costs will be invoiced to you.
We will complete and edit the sample cards while taking into account any change requests you may have. We will only produce your cards once all your requirements have been realized and after you have placed your order.
§ 6. Retention of Title
The delivered goods remain our property until full payment has been received. For sales on a commission basis, the customer is obliged to store the commission goods with the diligence of a prudent businessman and to insure them upon our request. The customer is obligated to notify us immediately in writing of any change of location of the commission goods.
If the customer breaches the aforementioned obligations, falls into payment default, or becomes insolvent, we are entitled to demand the immediate return of the goods in our possession and/or to take immediate possession of them at the customer's expense without setting a grace period. After this repossession, we are entitled to dispose of the commission goods privately and offset the proceeds against the customer's liabilities.
§ 7. Warranty and Liability
We provide a warranty in accordance with statutory regulations. The customer is obliged to check the goods immediately (§§ 377, 378 HGB). If the delivered goods are defective, including transport damage, this can only be considered if reported in writing immediately after receipt of the shipment. The customer can choose between rectification of defects or delivery of faultless goods. In the event that rectifying the defect involves disproportionately high costs, we reserve the right to provide a replacement delivery. If we are unable to rectify the defect or provide a replacement, you are entitled, at your discretion, to rescind the purchase contract (withdrawal) or reduce the purchase price (abatement). In the case of only minor contract violations, particularly only minor defects in the goods, a withdrawal is excluded. Our warranty does not extend to material defects or damages that arise after the transfer of risk to the customer due to natural wear and tear, excessive strain, strong room heating, humidity, other temperature and weather influences, or improper handling.
§ 8. Limitation of Liability
In the case of slightly negligent breaches of duty, our liability is limited to the direct average damage foreseeable and typical for the contract. Claims arising from product liability are excluded from the aforementioned limitation of liability. This also applies to damages involving life, limb, and health for which we are responsible.
§ 9. Copyright & Intellectual Property Rights
Our motifs and designs are protected by copyright and design law. It is prohibited to copy our articles, motifs, or designs or to reproduce them in any form for commercial purposes. The customer is permitted to resell the goods supplied by us within the scope of their business operations. If the customer violates this prohibition, we will demand a cease-and-desist declaration and damages due to copyright infringement under § 97 UrhG (German Copyright Act) and pursue further legal action.
Due to unfair competition (§ 4 UWG) and copyright infringement (§ 47 UrhG), the infringer of the copyright is obligated to compensate the author for damages. The amount of damages will be "calculated on the basis of the amount the infringer would have had to pay as reasonable compensation if they had obtained permission to use the infringed right" (§ 97, para. 2, UrhG). Therefore, the claim or invoice for damages due to copyright infringement does not require a concluded license agreement that the infringer would have to sign. The assessment of damages is calculated based on our license regulations, taking into account the share of revenue and the right of use for at least 1 year per infringed motif.
For the calculation of the revenue share, the copyright infringer is obligated to make the proper, verifiable revenue documents available to the author. If the copyright infringer does not provide the requested documents within a specified period, we will calculate the revenue share based on our total revenue generated with the infringed motif.
In accordance with § 43 DesignG (German Design Act), the infringer is obligated to send any remaining stocks of the affected motif in their possession by post to LIN ArtDesign, Kampstr. 28, 45899 Gelsenkirchen, for destruction. If the copyright infringer does not return these remaining quantities of the affected motif, we will assume that the infringer has sold the complete cards, and these remaining stocks will thus be taken into account for the calculation of the revenue share.
§ 10. Information regarding the type, scope, and purposes of the collection and use of personal data.
We store and use personal data only to the extent necessary for contract processing, service provision, and billing. You can access the 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.