Conditions

§1 Scope

1. These General Terms and Conditions (GTC) apply to all orders via our online shop and regulate the contractual relationship between Madmind Labs GmbH, Kölnerstraße 59, 40211 Düsseldorf, Germany, and the consumer (hereinafter referred to as "customer").

2. Our online shop is aimed exclusively at consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

3. Our services, performances and deliveries are carried out exclusively on the basis of these General Terms and Conditions, provided that they have been effectively incorporated into the contract.

§2 Contracting parties, conclusion of contract

1. The purchase contract is concluded with Madmind Labs GmbH.

2. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. The products can initially be placed in the shopping cart without obligation and the entries can be corrected at any time before submitting the binding order. The contract is concluded by clicking the order button. Immediately after submitting the order, the customer receives a confirmation by email, which concludes the purchase contract.

3. Changes or cancellations are no longer possible after this point.

§3 Contract language, contract text storage

1. We save the contract text and send the order data and our general terms and conditions by email. The contract text can be viewed in the customer login.

2. The language available for concluding the contract is German.

3. We reserve the right to refuse orders if they do not meet Artist-Army.com's requirements or if the customer is not creditworthy.

§4 Copyright

1. The usage rights for reproduction, distribution, modification, processing, making available to the public and commercial resale are not included. Our products may only be used for private use.

§5 Delivery conditions

1. We only deliver by post. It is not possible to collect the goods yourself.

2. Partial deliveries are permitted up to a quantity that is acceptable to the customer.

3. We will endeavour to adhere to the delivery times specified after conclusion of the contract. Should this not be possible in exceptional circumstances, the customer may withdraw from the contract in accordance with the following provisions.

4. The grace period is two weeks and begins when the customer sets it. This does not apply if the grace period is unreasonable for the customer, e.g. in the case of fixed-term transactions.

5. In the event of delivery disruptions that are beyond our control (particularly in the event of force majeure) and are not our fault, we are entitled to withdraw from the contract if the impediment to performance is not merely of a temporary nature. In this case, the purchase price already paid will be refunded.

6. For the purpose of delivery, we transmit the customer's postal address and, if applicable, email address to our shipping service provider, who uses this data exclusively for delivery.

7. Additional shipping costs resulting from incorrect or missing address information provided by the customer will be charged to the customer if he is responsible for these incorrect details.

8. Delivery is duty-free within the EU. For deliveries to countries outside the EU, the customer is responsible for any customs duties, taxes and fees that may arise.

§7 Terms of payment

1. The purchase price is due immediately upon conclusion of the contract and will be debited in advance. The credit card will be charged after the order has been completed.

2. All prices are end customer prices including statutory VAT.

3. If the customer fails to meet his payment obligations, we are entitled to demand payment of the entire remaining debt.

§8 Methods of payment

The following payment methods are available in our shop:

1. Prepayment : After selecting the prepayment payment method, the customer will receive our bank details by email. Delivery will take place after receipt of payment.

2. Credit card : When the order is placed, the customer's credit card details are sent to us. After identification, the credit card company is asked to process the payment transaction.

3. PayPal, PayPal Express : The customer is redirected to the PayPal website during the ordering process. In order to pay the invoice amount, the customer must be registered with PayPal and confirm the payment order. The payment is then carried out automatically.

4. Sofort by Klarna : After placing the order, the customer is redirected to the Sofort GmbH website. Payment is made via an activated online banking account with PIN/TAN procedure and is processed immediately.

§10 Retention of title

1. The products remain the property of Artist-Army.com until full payment has been made.

§11 Limitation of Liability

1. The statutory liability for defects applies unless otherwise agreed.

2. In the case of used goods, claims for defects are excluded if the defect occurs after one year from delivery. Within one year from delivery, defects can be asserted within the statutory limitation period.

3. These restrictions do not apply to claims based on damages caused by us, our legal representatives or vicarious agents: a) in the event of injury to life, body or health, b) in the event of intentional or grossly negligent breach of duty or fraud, c) in the event of a breach of essential contractual obligations (cardinal obligations), d) within the scope of a guarantee promise, if agreed, e) insofar as the scope of application of the Product Liability Act is open.

§12 Warranty

1. We assume no liability for the accuracy of information, illustrations, technical data, drawings, weight, dimension and performance descriptions in circulars, advertisements or price lists.

2. Unless a written guarantee has been given, there is no guarantee for the fading or water resistance of printed products.

3. Technical deviations from advertised goods are permissible if they are within the usual commercial scope and the contractual purpose is not significantly restricted.

4. The limitation period for claims arising from liability for material defects is 24 months.

§13 Data protection

1. Artist-Army’s privacy policy applies.

§14 Destruction of sent files

1. We reserve the right to create backup copies of the transmitted files for the purpose of subsequent improvement. These will be used exclusively for this purpose.

§15 Right of return and cancellation

1. The right of withdrawal and return according to Section 312 g Paragraph 1 of the German Civil Code (BGB) is excluded if the goods were manufactured according to customer specifications.

2. The order can be cancelled or the item returned within 30 days of receipt of the delivery. To meet this deadline, it is sufficient to send the cancellation or the goods in good time. Please state the order number.
   
   To improve our service and our products, we would also like to
   Reason for return and cancellation. A cancellation form, which is not
   is mandatory, you can find under the menu item Right of Withdrawal. The withdrawal must be sent to the following address:
   
   Madmind Labs GmbH
   Kölnerstrasse 59
   40211 Dusseldorf
   Email:office@madmind-labs.com

3. The customer bears the costs of return shipment.

4. The shipping costs will be refunded after the product has been returned, unless express shipping was chosen.

5. Items that have already been used or processed cannot be exchanged.

§16 Delivery time

1. Delivery takes place within 3-12 working days. In special cases, such as the COVID-19 pandemic, delivery times may be longer.

§17 Trademarks

1. The names, logos and lettering shown on our website may not be used without our written consent.

§18 Dispute settlement

1. The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/ .

2. We are not obliged and not willing to participate in a dispute settlement procedure before a consumer arbitration board.

§19 Final provisions

1. We reserve the right to change the terms and conditions at any time and without giving reasons. The customer will be informed of any changes and must agree to them again.

Do you have any further questions? You can contact our customer service at office@madmind-labs.com. Don't forget to have your voucher code or the corresponding order number to hand.

Dusseldorf, 20 June 2024