§ 1 Applicability of the Terms and Conditions, Definitions, and Language of the Contract

1. Our General Terms and Conditions (hereinafter referred to as “GTC”) apply in their most current version to all services and offers provided by Arsonists GmbH, Martin-Luther-Straße 1, 81539 Munich, legally represented by the managing director Günter Gerald Götzer (hereinafter referred to as the “COMPANY”), with the CUSTOMER (hereinafter referred to as the “CUSTOMER”), provided that these GTC have been effectively incorporated into the contract.

2. Any deviations from these Terms and Conditions are effective only if the COMPANY confirms them. The COMPANY’s confirmation to contractual partners who are not consumers must be provided in writing.

3. The CUSTOMER is a consumer if the customer is a natural person and the purpose of the ordered goods and services cannot be attributed primarily to the customer’s commercial or self-employed professional activities. By contrast, a business is any natural or legal person, or partnership with legal capacity, that acts in the course of its commercial or self-employed professional activities when entering into the contract.

4. The language of the contract is German.

§ 2 Subject Matter of the Contract and Conclusion of the Contract

1. The COMPANY offers products and services related to graphic design and textile finishing, both in its brick-and-mortar store and through online sales. 

2. To conclude the contract online via distance selling, the CUSTOMER submits a request to the COMPANY using the order form on the COMPANY’s website or via email, providing all relevant information regarding the desired service (such as print run, print design with placement, preferred textile, and a preview of their own design). The CUSTOMER’s inquiry may also be submitted in person at the COMPANY’s physical retail store. The COMPANY will then immediately send the CUSTOMER a confirmation of receipt and, within two business days of receiving the CUSTOMER’s inquiry, will provide the CUSTOMER with a binding offer via email or—if the CUSTOMER so desires—in person at the retail store (referred to by the COMPANY as the “ORDER”). If the COMPANY is unable or unwilling to provide the CUSTOMER with an offer, the COMPANY shall notify the CUSTOMER of this within two business days of receiving the CUSTOMER’s inquiry. The contract is concluded upon the COMPANY’s receipt of the CUSTOMER’s declaration of acceptance and/or approval, which must be submitted in writing or in electronic form, in response to the COMPANY’s offer. By submitting their declaration of acceptance and/or approval, the CUSTOMER confirms that they have verified the accuracy of the COMPANY’s offer (including errors in images, print status, positioning, text, color specifications, etc.).

3. The COMPANY is bound by the offer described in § 2(2) of these General Terms and Conditions for a period of two weeks from the date the offer is issued. A declaration of acceptance and/or approval from the CUSTOMER received by the COMPANY after this period has expired therefore constitutes an offer by the CUSTOMER, which the COMPANY may accept within two business days by means of a declaration, thereby concluding the contract. If the COMPANY does not accept the CUSTOMER’s offer, it shall notify the CUSTOMER of this within two business days of the COMPANY’s receipt of the CUSTOMER’s offer.

4. The properties and essential characteristics of the goods and services shall be set forth to the CUSTOMER in the offer, at least in writing, following the CUSTOMER’s inquiry to the COMPANY prior to purchase.

5. The information and details provided by the COMPANY on its website, in brochures, catalogs, mailings, or similar promotional materials are subject to change and are not binding on the COMPANY. Furthermore, such presentations do not constitute a binding offer unless they are expressly identified as such. 

6. Drawings, illustrations, dimensions, weights, or other performance data are binding only if this is expressly agreed upon between the COMPANY and the CUSTOMER.

7. The COMPANY undertakes to perform the services required under this contract in a professional manner and in accordance with current knowledge and developments. Deviations by the COMPANY from the terms of this contract are permitted provided that the contractually agreed standard of performance is maintained. Due to the production process, minor technical deviations in the delivered goods from the agreed specifications—such as in shape and color—may occur and/or there may be over- or under-production of the printed materials. Such deviations do not constitute a material defect, provided they remain within customary commercial limits. A short or excess delivery due to over- or underproduction of up to 10% is customary in the trade. In addition, the CUSTOMER must take into account that color representation may vary on uncalibrated monitors. When purchasing at the COMPANY’s retail store, the CUSTOMER has the option to view the respective color on a calibrated monitor prior to production. 

8. The transfer of the contracting party’s rights and obligations to third parties requires the prior written consent of the COMPANY.

§ 3 Prices and Shipping Costs

1. All prices listed on the website, in the store, and in the COMPANY’s offers are final prices, excluding shipping costs, which are listed separately. The applicable sales tax is shown separately and is included in the final prices.

2. The applicable shipping costs will be communicated to the CUSTOMER prior to purchase and are to be borne by the CUSTOMER, unless the CUSTOMER exercises their right of withdrawal. The shipping costs include all associated expenses, such as packaging, delivery, and insurance. Any additional costs caused by incorrect information provided by the CUSTOMER and for which the CUSTOMER is responsible must be borne by the CUSTOMER or reimbursed to the COMPANY upon the CUSTOMER’s request.

3. The COMPANY bears the shipping risk if the CUSTOMER is a consumer.

§ 4Payment Terms and Delivery

1. The CUSTOMER may pay the purchase price using the payment options provided to them prior to the purchase.

2. In the case of payment in advance, shipment will be made to the billing address provided by the CUSTOMER within the delivery timeframe communicated to the CUSTOMER prior to purchase, once the payment has been credited to the COMPANY’s bank account. A different delivery address may be agreed upon.

3. The company delivers throughout the European Union. 

4. If the goods are to be picked up, the COMPANY will notify the CUSTOMER by email of the date and time when the goods will be ready for pickup and the hours during which the CUSTOMER may pick them up at the COMPANY’s headquarters in Munich.

5. The COMPANY reserves the right to send the invoice electronically. In this case, the invoice will be sent free of charge via email.

6. The goods remain the property of the COMPANY under retention of title until the purchase price has been paid in full. 

7. In the event of a short delivery or underproduction of the ordered quantity within the scope of standard commercial practice (see Section 2(7) of these Terms and Conditions), there is no entitlement to a subsequent delivery of the missing quantity. In this case, the quantity actually delivered will be billed.

§ 5 Delivery Time and Force Majeure

1. The delivery time for the goods is two weeks after the COMPANY receives the CUSTOMER’s acceptance notice.

2. Any deviating agreements regarding dates or deadlines must be in writing for contractual partners who are not consumers; in all other cases, a text-based form is sufficient. If the CUSTOMER subsequently agrees to different or additional services that affect agreed-upon dates or deadlines, such dates or deadlines shall be extended by a reasonable period of time.

3. Any deadlines or time limits shall be extended by the period during which the CUSTOMER is in default of payment or fails to fulfill a contractual obligation.

4. The COMPANY shall not be liable for failures to perform due to force majeure or events that make it significantly more difficult or impossible for the COMPANY to provide services—including, in particular, strikes, weather-related outages, lockouts, official orders, damage to machinery and machinery breakdowns—shall not be attributable to the COMPANY, even in the case of agreed dates or deadlines, provided the COMPANY notifies the CUSTOMER thereof without delay. Such events entitle the COMPANY to postpone performance for the duration of the hindrance plus a reasonable restart period, or to withdraw from the contract in whole or in part with respect to the unfulfilled portion.

5. If the failure to perform referred to in § 5(4) above lasts longer than three months, the CUSTOMER shall be entitled, after setting a reasonable grace period, to withdraw from the contract with respect to the portion that has not yet been fulfilled.

6. The COMPANY is entitled to withdraw from the contract if, despite having previously entered into a purchase agreement, it has not itself been supplied with the goods necessary to fulfill the CUSTOMER’s order and is therefore unable to deliver to the CUSTOMER within the delivery period specified above. This does not apply if the COMPANY is responsible for the failure to receive the goods. The COMPANY shall immediately inform the CUSTOMER of the failure to receive the goods and, in the event of withdrawal, shall immediately refund any consideration already received to the CUSTOMER.

7. The COMPANY is entitled to provide partial services at any time, provided that such partial service is reasonable for the CUSTOMER.

§ 6 Obligations of the CUSTOMER

1. If the CUSTOMER submits images, drawings, etc., for further processing, the CUSTOMER warrants to the COMPANY that it holds the necessary rights and permissions to allow third parties—such as the COMPANY—to distribute, reproduce, and process the submitted material. This guarantee applies in particular to trademarks, copyrights, or other intellectual property rights of third parties, general personality rights, or other rights of third parties. The CUSTOMER further guarantees that the submitted material does not violate any applicable laws.

2. If the images, drawings, etc. used to fulfill the Customer’s order are provided by the COMPANY, the COMPANY grants the CUSTOMER a right of use limited exclusively to private use.

3. In the event of a breach of the warranty set forth in Section 6(1) of these Terms and Conditions and/or an infringement of the rights of use granted in Section 6(2) of these Terms and Conditions, the CUSTOMER shall indemnify and hold harmless the COMPANY in the event of any legal and/or regulatory claims.

§ 7 Liability, Obligations to Inspect and Report Defects

1. The CUSTOMER is generally entitled to statutory warranty rights, unless otherwise provided in these Terms and Conditions.
2. The COMPANY shall pay damages or reimburse futile expenses, regardless of the legal basis (e.g., arising from contractual and quasi-contractual obligations, material defects and defects of title, breach of duty, and tort), only to the following extent:
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1. 1. 1. Liability for intentional acts, guarantees given, and injury to life, limb, or health is unlimited. It is governed by the provisions of law;

1. 1. 2. In cases of gross negligence, the COMPANY shall be liable for the typical damages that were foreseeable at the time the contract was concluded;

1. 1. 3. In the event of a breach of a fundamental obligation due to simple negligence (an obligation whose fulfillment is essential for the proper performance of the contract, on whose observance the CUSTOMER regularly relies and is entitled to rely, and whose breach jeopardizes the achievement of the purpose of the contract), the COMPANY shall be liable for the typical damages foreseeable at the time the contract was concluded;

1. 1. 4. If the CUSTOMER is not a consumer, the COMPANY shall not be liable for damages resulting from a breach of duty by its vicarious agents due to slight or gross negligence, provided that such breaches do not relate to fundamental obligations.

2. The Company reserves the right to raise the defense of contributory negligence.

3. If the CUSTOMER is a consumer, the statute of limitations for claims arising from liability for material defects is 24 months. If the CUSTOMER is a business, this period is reduced to 12 months.

4. The CUSTOMER’s claims for liability under the Product Liability Act remain unaffected by the above limitation of liability.

5. If the CUSTOMER is a merchant, the provisions of the German Commercial Code (HGB) shall apply, in particular the CUSTOMER’s obligations to inspect the goods and give notice of defects.

§ 8 Return Shipping Costs in the Event of Cancellation

In the event of a cancellation, the CUSTOMER must bear the standard costs of return shipping if the goods delivered match those ordered. In all other cases, the COMPANY will bear the costs of return shipping.

§ 9 Cancellation Policy for Consumers in Distance Selling

1. The CUSTOMER, acting as a consumer, has a right of withdrawal under Section 355 of the German Civil Code (BGB) for contracts concluded outside of business premises and for distance contracts. Consumers may withdraw their declaration to conclude the purchase contract under the following conditions:

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Cancellation Policy

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

To exercise your right of withdrawal, you must inform us, Arsonists GmbH, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not required.

To meet the deadline for exercising your right of withdrawal, it is sufficient to send notification of your decision to withdraw before the withdrawal period expires.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us immediately, and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You are responsible for the direct costs of returning the goods.

You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics, and functioning.

End of the Cancellation Policy 

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2. Unless the parties have agreed otherwise, the right of withdrawal described in § 9(1) of these Terms and Conditions does not apply to contracts for the delivery of goods that are not prefabricated and for which the CUSTOMER’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the CUSTOMER’s personal needs. Therefore, the CUSTOMER has no right of withdrawal if the subject matter of the contract is the graphic design and finishing of textiles based on the CUSTOMER’s individual selection or specifications. 

§ 10 Data Processing and Data Protection

1. The COMPANY collects data from the CUSTOMER in connection with the performance of contracts. In doing so, it complies in particular with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the CUSTOMER’s consent, the COMPANY will collect, process, or use the CUSTOMER’s personal and usage data only to the extent necessary for the performance of the contractual relationship.

2. Without the CUSTOMER's consent, the COMPANY will not use the CUSTOMER's data for advertising, market research, or opinion polling purposes.

3. The CUSTOMER’s order details are stored by the COMPANY. If the CUSTOMER has provided the COMPANY with an email address, the CUSTOMER will receive all relevant information regarding their order via email, which can also be printed out.

4. Once the contract has been fully executed, the CUSTOMER’s order data will be stored to comply with statutory retention periods and will be deleted upon the expiration of those periods.

5. The CUSTOMER has the right at any time to receive, free of charge, information about their data stored by the COMPANY, as well as the right to have such data corrected, deleted, or blocked. In such cases, and/or if they have any questions regarding the use or processing of their data, the CUSTOMER may contact the COMPANY at any time using the communication channels specified by them in the purchase agreement.

§ 11 Consumer Arbitration 

The COMPANY does not participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Information on the technical means for correcting input errors 

Any errors made during the ordering process on the COMPANY’s website can be corrected manually at any time before sending the email or clicking the “REQUEST A QUOTE” button. The process can also be canceled at any time by closing the browser window or the relevant tab in the browser. 

§ 13 Partial Invalidity, Jurisdiction, and Governing Law

1. If any provision of these Terms and Conditions or any provision of any other agreement is or becomes invalid, this shall not affect the validity of any other provisions or agreements.
2. For the COMPANY’S CUSTOMERS who are not consumers, the following applies: Verbal side agreements are deemed not to have been made. Any amendments or additions to the contract must be made in writing. This also applies to agreements waiving the written form requirement.
3. If the CUSTOMER is a merchant as defined by the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising directly or indirectly from the contractual relationship between the COMPANY and the CUSTOMER shall be the COMPANY’s registered office.
4. These Terms and Conditions and all legal relationships between the COMPANY and the CUSTOMER, who is not a consumer, shall be governed by the laws of the Federal Republic of Germany. In all other respects, the general statutory provisions shall apply.
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Current version of the Terms and Conditions (2022)