General Terms and Conditions of Business Of Mr Manuel Lorenz, Einhornallee 9, 81377 Munich, Germany, hereinafter referred to as Vendor. 1. General, Definitions 1.1 Through the online store on the website www.manuel-lorenz.de, the Vendor specifically offers paintings, silk-screen prints, risographs, paper artwork and other prints for sale. These General Terms and Conditions of Business (T&C) apply to the business relationship between the Vendor and the Customer in the version valid at the time the order is placed. 1.2 A consumer is any natural person who concludes a legal transaction which cannot be primarily attributed to their commercial or self-employed professional activity. Businesspersons, in terms of these General Terms and Conditions of Business, are natural or legal persons or partnerships with a legal character who exercise a commercial or self-employed activity when they conclude the legal transaction. Customers in terms of these General Terms and Conditions of Business are both consumers and businesspersons. 1.3 Individual contractual agreements take precedence over these T&C. Different, conflicting or supplementary terms and conditions of business of customers do not form part of the contract, unless their validity is expressly agreed to. 2. Contract Conclusion 2.1 The presentation of the goods on the Vendor's website does not constitute an offer in the legal sense, but merely an invitation to the Customer to make an offer in a legal sense. The goods ordered may look slightly different from the goods shown on the Internet due to the technical limitations in presentation. There may be color deviations in this regard. On account of the printing process used, slight deviations in print density, texture and color may also occur. The frames used are made by a master carpenter. Slight deviations in texture, color and dimensions occur owing to the natural wood material used.
2.2 The Customer may place an order on the Vendor's website, by email or in writing. The Customer's order constitutes a binding offer to conclude a purchase contract for the goods ordered. 2.3 The Vendor immediately confirms the receipt of the Customer's order by email. 2.4 The purchase contract is concluded a) By sending a separate email with an order confirmation or b) Upon delivery of the goods or c) if the Vendor requests payment from the Customer after the Customer placed the order, Whereby in the event that several alternatives materialize, the one that is earlier in time is decisive for concluding the contract. 2.5 Conclusion of the contract is subject to the reservation not to perform in the event of improper receipt of delivery by the Vendor. This only applies in the event that the Vendor is not responsible for the failure to deliver, and the Vendor has, with due diligence, concluded a specific covering transaction with the supplier. The Vendor will make all reasonable efforts to procure the goods. Failing this, the consideration will be refunded without delay. In the event that the goods are not available, the Customer will be informed immediately. 2.6 Insofar as the Customer orders the goods electronically, the Vendor will store the contract text and send it to the Customer together with the legally effective General Terms and Conditions of Business by email following conclusion of the contract. 3. Retention of Title 3.1 For consumers, the Vendor retains ownership of the goods until the purchase price has been paid in full. For businesspersons, the Vendor retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. 3.2 If the Customer acts in breach of contract, in particular in the event of default in payment, if the Customer provides false information about their creditworthiness, or if an application for opening insolvency proceedings is filed, the Vendor is entitled – if necessary after setting a deadline – to withdraw from the contract and demand the return of the goods, provided that the Customer has not yet provided the consideration or has not provided it in full. 3.3 The businessperson is entitled to resell the goods in the ordinary course of business. They assign all claims to the amount of the invoice to the Vendor here and now, which they accrue through the resale to a third party. The Vendor accepts the assignment. Following assignment, the businessperson is authorized to collect the claim. As soon as the businessperson fails to properly meet their payment obligations and defaults on payment, the Vendor reserves the right to collect the claim themselves. 3.4 At the request of the Customer, the Vendor undertakes to release the security due to them insofar as the realizable value of said security exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on the Vendor. 4. Compensation 4.1 The purchase price specified is binding. The purchase price includes the statutory sales tax. The additional shipping costs incurred during shipping are included in the overview "Shipping and Payment" [www.manuel-lorenz.de/shippingandpayment]. Packaging costs are already included in the shipping costs. 4.2 The Customer undertakes to pay the total price within 14 days of receiving the order confirmation by email or the invoice. The Customer is in default of payment after the due date. During the period of default, consumers have to pay interest at a rate of 5%percentage points above the base rate. During the period of default, businesspersons have to pay interest at a rate of 9% above the base rate. The businessperson is also liable for a lump-sum payment of 40 euro if they are in default with a payment claim. This also applies if the businessperson is in default with a partial payment or other payment instalment. The Vendor reserves the right to assert a higher level of damage caused by delay by the businessperson. The lump sum according to 5. will be offset against a claim for damages owed, insofar as the damage is justified in the costs of legal prosecution. 4.3 The Customer only has the right to offset if their counterclaims are legally established, recognized or undisputed by the Vendor. The right of the Purchaser to offset against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected. The Customer can only exercise a right of retention if the right concerns a claim that arises from the same contractual relationship.