### Online-Shop AGB (Terms and Conditions)
#### General Terms and Conditions for the Online-Shop at www.biancaarts.com

**Bianca Frabasile Arts**  
Eschersheimer Landstraße 42  
60322 Frankfurt am Main  
Germany  
Phone: +49 151 54263637  
E-Mail: info@biancaarts.com  

**Provider (hereinafter referred to as "Provider")**  
for the sale of products to  
**Customers (hereinafter referred to as "Customers")**

### Scope
The sale of the Provider's products offered via the online shop at the above URL is exclusively based on the following General Terms and Conditions (GTC) in the version valid at the time of the contract conclusion. These GTC apply exclusively. Deviating conditions of the Customer are not recognized unless the Provider and the Customer have expressly agreed otherwise.

### Definitions, Scope
The subject of the contract is the one-time delivery of goods.

### Conclusion of Contract
The offers on the Provider's website represent a non-binding invitation to the Customer to order products (goods). By submitting the order (clicking the "buy now" button) on the Provider's website, the Customer makes a binding offer to conclude a contract.

Confirmation of receipt of the order follows immediately after the order is sent and generally does not yet constitute acceptance of the contract. The Provider can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods, where the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after the order is placed. If several of the aforementioned alternatives exist, the contract is concluded at the moment when one of the aforementioned alternatives first occurs. If the Provider does not declare acceptance within the aforementioned period, this is considered a rejection with the consequence that the Customer is no longer bound by their declaration of intent.

When submitting an offer via the Provider's online order form, the contract text is stored by the Provider and sent to the Customer after sending their order along with these GTC in text form (e.g. email, fax, or letter).

Before the binding submission of the order via the Provider's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

The German and English languages are available for the conclusion of the contract.

### Special Conditions for the Processing of Goods According to Specific Customer Specifications
If, according to the content of the contract, the Provider is also responsible for the processing of the goods according to specific Customer specifications, the Customer must provide the Provider with all necessary content such as texts, images, or graphics in the required file formats, formats, image, and file sizes and grant the necessary usage rights. The procurement and acquisition of rights to these contents are the sole responsibility of the Customer. The Customer declares and assumes responsibility that they have the right to use the provided content. They ensure that no rights of third parties, particularly copyrights, trademarks, or personal rights, are violated.

The Customer indemnifies the Provider from third-party claims that these may assert against the Provider in connection with a violation of their rights through the contractual use of the Customer's content. The Customer also assumes the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Provider with all necessary information truthfully and completely for the examination of claims and a defense in the event of a third-party claim.

The Provider reserves the right to reject processing orders if the content provided by the Customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of unconstitutional, racist, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

### Redemption of Promotional Vouchers
Vouchers issued free of charge by the Provider within the framework of advertising campaigns with a specific validity period and which the Customer cannot purchase (hereinafter "promotional vouchers") can only be redeemed on the Provider's website under the specified conditions.

Promotional vouchers can only be redeemed by consumers.

Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Provider can be chosen to settle the difference.

The promotional voucher will not be refunded if the Customer returns the goods paid for with the promotional voucher in whole or in part under their statutory right of withdrawal.

The promotional voucher is transferable. The Provider can make a discharge to the respective holder who redeems the promotional voucher with effect. This does not apply if the Provider has knowledge or grossly negligent ignorance of the non-authorization, incapacity to conduct business, or lack of representation of the respective holder.

### Payment
The prices listed on the Provider's website at the time of the order apply. All prices include the statutory value-added tax and additional shipping costs listed.

The payment methods listed on the Provider's website are available.

If the Customer is in default of payment, the Provider is entitled to demand interest at the rate of 5 percentage points above the base rate of the European Central Bank. If the Provider asserts a higher damage caused by delay, the Customer can prove that the claimed damage caused by delay has not occurred or is substantially lower.

### Delivery
Delivery times are listed on the Provider's website. The Provider points out different delivery times on the respective product page. The beginning of the delivery time specified by the Provider presupposes the timely and proper fulfillment of the Customer's obligations, in particular the correct specification of the delivery address within the order.

If goods are delivered by a forwarding agency, delivery is made - unless otherwise agreed - "free curbside," i.e., up to the nearest public curbside to the delivery address.

### Warranty
The statutory defect liability applies. Different from this, the following applies to contracts for the delivery of goods:
- The above-mentioned liability limitations and shortening of the periods do not apply to claims for damages and reimbursement of expenses of the Customer,
- in case the Provider has fraudulently concealed the defect,
- for goods that have been used in accordance with their usual use for a building and have caused its defectiveness.

### Liability
The Provider is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:
- The Provider is liable for any legal reason without limitation in case of intent or gross negligence,
- in the case of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated,
- due to mandatory liability such as under the Product Liability Act.
If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable, typically occurring damage, provided that no unlimited liability is assumed in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.
Apart from that, the liability of the Provider is excluded.
The above liability regulations also apply concerning the liability of the Provider for its vicarious agents and legal representatives.
The Customer releases the Provider from all third-party claims, including the costs of legal defense in the statutory amount, which are asserted against the Provider due to unlawful or contractual behavior of the Customer.

### Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution (ODR) at the following link: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr). This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

### Final Provisions
The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the Customer has no residence within the European Union. The Provider's registered office can be found in the header of these GTC.
If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract remain unaffected.

**Status: 12.07.2024**