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General Terms and Conditions L-art

§1 Scope and Contracting Parties

(1) This website and/or the services, including all related mobile applications (hereinafter: the "Services") and all offers and sales of products ("Products") through the site, are owned and operated by Jost Sagasser M.A. These General Terms and Conditions (hereinafter: "Terms") set out the conditions under which visitors or users (hereinafter: "Users" or "you") may access and use the website and/or the services and purchase products.

(2) By accessing or using the services, you agree to these terms and conditions and become legally bound by them. If you do not agree to all of the terms and conditions, you may not access the site or use the services. Please read these terms and conditions carefully before accessing our site, using the services, or purchasing products. These terms and conditions explain who we are, how we sell products to you, how you can cancel your purchase, and what to do if you have any problems.

(3) You represent that you are of legal age and have the legal capacity, right, and freedom to enter into a binding agreement based on these terms and conditions and to use the services and purchase products. If you are a minor, you need the permission of your parent or legal guardian to use the services or purchase products.

§2 Purchase of Products

(1) The purchase of products is subject to the terms and conditions applicable at the time.

(2) When you purchase a product: (I) you are responsible for reading the product description in full before making a binding purchase, and (II) completing an order on this website (by completing a payment process via the "Place order" button or a similar button) may constitute a legally binding contract for the purchase of the corresponding product, unless these terms and conditions provide otherwise.

(3) You can select products from our product range and add them to your shopping cart by clicking the corresponding button. Our prices are listed on the website. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have already purchased. During checkout, you will see an overview of all the products you have added to your shopping cart. This overview includes the essential characteristics of each product, the total price for all products, the applicable sales tax (VAT), and, if applicable, the shipping costs. On the checkout page, you also have the opportunity to review the products and quantities and, if necessary, change, remove, or correct them. You can also use the editing function to identify and correct any input errors before placing your final, binding order. All stated delivery times begin upon receipt of your payment. By clicking the "Place Order" button, you are placing a binding order to purchase the listed products at the stated price and shipping costs. To complete the order process via the "Order with obligation to pay" button, you must first acknowledge these terms and conditions as legally binding for your order by clicking the corresponding box.

 

(4) In accordance with the small business regulation § 19 para. 1 VAT Act, no VAT is charged.

(5) We will then send you an email confirmation of receipt for your order, which will list your order details and which you can then print or save using the appropriate function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

(6) The legally binding agreement for the purchase of the products is only concluded when we send you an acceptance declaration by email or ship the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method – and you choose this payment method for your order – where a payment process is initiated immediately upon submission of your order (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is considered concluded when you have initiated the order process, as described above, by clicking the "Place order" button.

(7) The purchase agreement will be concluded in German. After conclusion of the contract, the terms and conditions will be stored by us; you will no longer have access to them.

§3 Intellectual Property Rights

(1) Our Services and related content (and all derivative works or improvements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (hereinafter: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in connection with our Intellectual Property Rights. Unless expressly stated herein or required by mandatory legal provisions for the use of the Services, you do not acquire any rights, interest, or interest in our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the products include digital content, such as music or videos, you will be granted the rights as set out on the website with regard to such content.

(3) The copyright for the Fornos belongs to Jost Sagasser M.A. By purchasing a printable Forno file or a finished, framed physical Forno, you acquire only the rights to use the Fornos for private purposes. Commercial resale of the Fornos you have purchased is prohibited.


§4 Disclaimer of Warranty for the Use of the Website and the Services

The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made freely available to users are provided "as is" and without warranties of any kind, express or implied (including warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, and performance of our services, among others) – except in cases of malicious failure to disclose defects. We do not warrant that free services will be provided without interruption or error, or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates. This does not affect the warranty for products you purchase from us as described in the "Product Warranty" section above.

§5 Limitation of liability

(1) We are liable only in cases of intent, gross negligence, negligent injury to life, body, or health, or slight negligence in the breach of a material contractual obligation, and only in the case of paid services or the sale of products. A "material contractual obligation" means an obligation whose fulfillment is a basic requirement for the proper performance of the agreement and on which you normally rely and can reasonably rely. Our liability for slight negligence in the breach of a material contractual obligation is limited to the amount of typical and foreseeable damages for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The foregoing provisions apply to our contractual (including liability for wasted expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our directors, officers or other legal representatives, employees and agents.


§6 Changes to the terms and services; termination

We reserve the right to amend these terms and conditions from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or as we otherwise evolve our business. Therefore, you should review these terms and conditions regularly and, in any case, during the checkout process when purchasing products. The new terms and conditions will apply to any new order you place after the effective date of the new terms and conditions. If ongoing services you use are affected by changes to the terms and conditions, we will give due consideration to your legitimate interests. We will notify you of such changes in a timely manner. The changes will be deemed accepted by you if you do not object to them within two months of receiving this notification. We will inform you of this in our notification. If you object to the changes, we have the right to terminate the agreement with immediate effect – without any further obligations to you – effective on the effective date of the changes.

We may modify the services, discontinue the provision of the services or one or more features of the services offered, or restrict the services. We may terminate or suspend access to the services themselves permanently or temporarily – without giving reasons and without further obligation. Where possible under the circumstances, we will notify you in advance of such actions and will duly consider your legitimate interests in taking such measures.


§7 Links to third-party websites

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The services may contain links that allow you to leave this website. Unless otherwise stated, the linked pages are not under our control, and we are not responsible for the content of linked pages, for links contained within a linked page, or for changes and updates to such pages. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have included links to other websites does not imply that we endorse their owners or their content.


§8 Applicable Law

(1) These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany (without regard to its conflict of laws provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to settle disputes with consumers before alternative dispute resolution bodies.


§9 Miscellaneous

(1) A waiver by either party of any breach or default under these terms shall not constitute a waiver of any prior or subsequent breaches or defaults.

(2) The headings used in these terms and conditions are for convenience only and shall not have any legal significance.

(3) Unless expressly stated otherwise: if any part of these terms and conditions is deemed unlawful or unenforceable for any reason, it is agreed that such part of the terms and conditions shall be deleted and the remaining terms and conditions shall remain unaffected and in full force and effect.

(4) Without our prior written consent, you may not assign your agreement with us under these terms and conditions, nor any part of your contractual rights or obligations.

(5) These terms and conditions constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the services and the sale of products.

(6) The provisions of these terms and conditions which, by their nature, are intended to survive such action on our part shall remain in effect, in particular with regard to provisions concerning indemnities, indemnities, exclusions of liability, limitations of liability and this section ‘Miscellaneous’.

§10 Contact

To contact us, please send an email to:
Name: Jost Sagasser M.A.
Address: Breslauer Straße 8, 63739 Aschaffenburg, Germany
E-mail: jost.sagasser@gmail.com


If you have purchased one or more products through the site or services that will be shipped in one delivery, the following instructions will inform you about your right of withdrawal:


§11 Right of withdrawal

You can cancel this contract within 14 days without giving any reason.
 
The cancellation period expires 14 days from the day on which you or a third party named by you, who is not the carrier, acquires physical possession of the goods.
 
To exercise your right of withdrawal, you must inform us
L-art Jost Sagasser M.A.,
Phone number: +49 (0) 174 3882675,
E-mail-address: jost.sagasser@gmail.com
 
You must inform us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter by post or e-mail).

Consequences of the revocation

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event no later than 14 days after we receive your notification of withdrawal. We will make such reimbursement using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 
Exceptions to the right of withdrawal

The right of withdrawal expires for contracts for the supply of digital content (including streaming, downloads, etc.) that is not supplied on a physical medium (e.g., CD or DVD) if you have expressly agreed that we may begin performance of the contract before the expiry of the withdrawal period and you have acknowledged that you will lose your right of withdrawal by giving this consent once performance of the contract has begun.

As of January 2025

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