Scope of application
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and businesses.
A “consumer” is any natural person which concludes a legal transaction for purposes which can not be attributed to a commercial activity. A “business” is a natural or legal person or entity or a partnership with legal capacity who, when concluding a legal transaction acts in the exercices of its commercial activity.
For businesses, these GTC shall also apply to future business relationships, without our having to refer to them again. If the business uses conflicting or supplementary GTC, their validity is hereby contradicted. Confliciting or supplementary GTC can only become part of the contract if we – the Round not Square GmbH – have expressly agreed to them.
Contractual partner & conclusion of contract
The contract for purchasing our scrolls or works of art is concluded between the buyer and the Round not Square GmbH.
By providing the products through our online shop, we make a binding offer to conclude a contract for the sale of the product. You can put our products into the shopping cart without obligation to buy and correct your entries at any time before sending a binding order by clicking on the “checkout” button. The contract is concluded by clicking on the “order” button and accepting the offer for the goods contained in the shopping basket. Immediately after sending your order you will receive a confirmation by e-mail.
A binding contract can also be concluded beforehand as follows: If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment order to PayPal.
The languages available for the conclusion of the contract are German and English.
In either case, you will receive a confirmation by email. which corresponds to a valid sales contract.
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the information in the shop. It is also possible to pick up the goods at Round not Square GmbH, Eulerstr. 21, 13357 Berlin, Germany during the following business hours: Monady to Friday 10:00-17:00.
The following payment methods are available in our shop:
Payment in advance: If you choose the method of payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
PayPal: If you use the online provider Paypal for payment, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further information on this during the ordering process.
EC/VISA/MASTER Card: You can pay by debit or credit card. If you chose this option, you will be redirected to an area enabling card payment provided to us by PayPal. You will receive further information on this during the ordering process.
Cash payment upon pickup: If you pick up your goods from us, you can also pay cash.
Right to return
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods or, in the case of partial deliveries, the last delivery.
To exercise your right of withdrawal, you must inform Round not Square GmbH, Eulerstr. 21, 13357 Berlin, Tel.: +4 (0)30 52286822, email: email@example.com by means of a clear declaration (e.g. a letter, or email) of your decision to withdraw from this contract.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiration of the revocation period.
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
We bear the costs of returning the goods if you use the return label provided by us for a return shipment made within Germany. Otherwise the return costs are to be borne by you. They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functioning of the goods.
If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you do not make the notification stipulated there, the goods are deemed to have been approved, unless the defect was not recognisable at the time of the inspection. This does not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise below, the statutory liability for defects law valid in Germany shall apply.
For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For businesses, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Only our own information and product descriptions, which have been included in the contract, shall be deemed to be an agreement with businesses regarding the quality of the goods; we accept no liability for public statements or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to businesses at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents:
In the event of injury to life, limb or health;
in the event of intentional or grossly negligent breach of duty or fraudulent intent;
breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed
insofar as the scope of application of the Product Liability Act has been opened up.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation:
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty
for guarantee promises, if agreed
insofar as the scope of application of the Product Liability Act has been opened up
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.
Online dispute resloution
Online settlement of disputes in accordance with Art. 14 para. 1 ODR-VO: The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/
If you are a business, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.