TERMS AND CONDITIONS

Last updated: 01.08.2023

§ Scope, Definitions

(1) Within the scope of the business relationship between the online store aeon-lumen.com of nuartists.com / Germo Möller (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless the supplier expressly agrees to their validity in writing.
(2) The Customer shall be considered a consumer within the meaning of Section 13 of the German Civil Code (BGB) unless the purpose of the goods and services ordered can be attributed primarily to his commercial or independent professional activity. Otherwise, the customer shall be deemed to be an entrepreneur in accordance with Section 14 BGB, which applies to natural or legal persons or partnerships with legal capacity who conclude the contract within the scope of their commercial or independent professional activity.

§ Conclusion of contract

(1) The customer can select products from the provider’s range on the website aeon-lumen.com (hereinafter: “website”) and collect them in a virtual shopping cart by clicking on a corresponding button. By clicking on the “Buy now” button, the customer submits a binding purchase request for the goods in the shopping cart.Before submitting the order, the customers can change and view the data at any time.
(2) After receipt of the order, the provider sends the customer an automatic confirmation of receipt by e-mail. This e-mail merely confirms receipt of the order by the provider and does not constitute acceptance of the offer. The contract is only concluded when the provider sends the declaration of acceptance in the form of a separate e-mail (order confirmation). This e-mail contains the text of the contract (order, GTC, cancellation policy and order confirmation) on a permanent data carrier (e-mail or paper printout) and is sent to the customer at the latest when the goods are delivered. The text of the contract is stored in compliance with data protection regulations.
(3) The customer is responsible for ensuring that the e-mails sent by the provider can be delivered. In particular, the customer should pay attention to any typing errors in the e-mail address provided when ordering and regularly check the spam folder of his e-mail inbox.
(4) The contract is concluded in German and English.

§ Delivery, availability of goods

(1) The delivery times stated by the supplier are calculated from the time of the order confirmation, provided that the purchase price has been paid beforehand.
(2) If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier will inform the customer of this immediately in the order confirmation.If the product is permanently unavailable, the supplier will refuse to accept the offer and therefore no contract will be concluded in this case.
(3) If the product ordered by the customer is temporarily unavailable, the supplier will also inform the customer of this immediately in the order confirmation.
(4) Delivery shall be made at the shipping costs specified in the order process.The supplier reserves the right to refuse deliveries to other countries without being obliged to do so.In the event of a refusal, no order confirmation will be sent.

§ Retention of title

(1) The delivered goods remain the property of the supplier until full payment has been made.
(2) The Provider reserves the right of ownership of the delivered goods vis-à-vis entrepreneurs until all claims arising from the current business relationship have been settled in full.
(3) If the customer is an entrepreneur and the provider has given written consent, the customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this to the provider in advance for the full invoice amount. The assignment remains unaffected even if the customer is allowed to collect the claims himself.The provider will only collect the claims if no application for the opening of insolvency proceedings has been filed, the customer has fulfilled all payment obligations and is not in default.

§ Prices and shipping costs

(1) All prices quoted on the provider’s website include the applicable statutory value added tax, unless otherwise stated.
(2) The corresponding shipping costs are communicated to the customer in the order form and are to be borne by the customer, unless he makes use of his right of withdrawal.
(3) The provider may occasionally offer free shipping promotions, which are shown separately on the website. These free shipping promotions may be subject to certain conditions (e.g. minimum order value).
(4) The goods are sent by post or forwarding agent. The shipping risk is only borne by the provider if the customer is a consumer.
(5) In the event of a withdrawal, the customer shall bear the direct costs of the return shipment. Notwithstanding this, the customer shall not bear any shipping costs if the delivered goods are faulty or defective.

§ Terms of payment

(1) The customer can make payment using the payment methods specified on the website. Fees charged by external payment providers (e.g. Paypal, Klarna) shall be borne by the provider. The data protection provisions of the external payment providers can be viewed in the data protection declaration on the provider’s website.
(2) The customer can change the payment method saved in their user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise stated on the invoice. In the case of calendar due dates, the customer is already in default by defaulting on the payment date. In this case, the customer shall pay default interest in the amount of 5 percentage points above the base interest rate. If the customer is an entrepreneur, the default interest shall amount to 9 percentage points above the base interest rate.
(3) Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise stated on the invoice. In the case of calendar due dates, the customer is already in default by default of the payment date. In this case, the customer shall pay default interest in the amount of 5 percentage points above the base interest rate. If the customer is an entrepreneur, the default interest shall amount to 9 percentage points above the base interest rate.
(4) The obligation to pay default interest does not exclude the assertion of further default damages by the provider.
(5) The customer may only offset counterclaims that are legally binding, undisputed or recognized by the provider. The customer is only entitled to a right of retention if the counterclaim is based on the same contractual relationship.

§ Warranty for material defects, guarantee

(1) The supplier is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. The warranty period for items delivered by the supplier is 12 months if the customer is an entrepreneur. For used products that are expressly labeled as such, the warranty period is limited to 12 months.
(2) If the customer is an entrepreneur, he must notify the supplier in writing of any defects immediately, but at the latest within two weeks of delivery. The defective items must be kept ready for inspection by the supplier in the condition in which they were at the time the defect was discovered.
(3) Minor, reasonable deviations in the dimensions and designs, in particular in the case of repeat orders, shall not entitle the customer to make a complaint unless exact compliance has been expressly agreed.Product illustrations may deviate from the actual features and appearance of the delivered products. In particular, changes in the appearance and features of the products may occur when manufacturers update their product range.Claims for defects do not exist insofar as such changes are reasonable for the customer.
(4) If the customer is a consumer, he should inform the deliverer of any obvious damage (e.g. damaged packaging).The customer’s rights under paragraph 1 remain unaffected.
(5) An additional guarantee for the delivered goods only exists if this was expressly stated in the order confirmation for the respective product.

§ Liability

(1) Claims of the customer for damages are excluded, unless it concerns claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.
(3) The limitations of liability in accordance with paragraphs 1 and 2 also apply to the legal representatives and agents of the provider if claims are asserted directly against them.
(4) The above limitations of liability shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item.The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ Cancellation Policy

You may cancel your contract within 14 days without giving any reason.

Please note that there is no right of withdrawal for individually made works or pure photographic prints, as established in § 312 g para. 2 no. 1 BGB. This also applies to digital works (NFTs). By making your purchase, you agree that the right of withdrawal expires with the commencement of contract performance.

The cancellation period of 14 days begins from the day on which you, or a third party designated by you who is not the carrier, take(s) possession of the goods. This applies to an order of a single item or multiple items that are delivered together, as well as for separate deliveries of items from the same order, starting from the day of possession of the last item.

To exercise your right of withdrawal, inform us of your decision to cancel the contract. This can be done via letter or email.

To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

§ Data protection

(1) Within the scope of the business relationship with the provider, the customer agrees to the storage of personal data in strict compliance with data protection laws, in particular the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (DSGVO). Data will only be passed on to third parties if this is necessary for the proper fulfillment of the contract or if express consent has been given.
(2) If the customer transmits data from third parties, the customer expressly assures that he has obtained valid consent from the third parties concerned and indemnifies the provider against all claims in this matter.
(3) The rights of the customer or the person affected by the data processing are set out in detail in the following provisions of the GDPR:

• Article 7 / 3 – Right to withdraw consent under data protection law
• Article 15 – Right of access, confirmation and receipt of a copy of personal data
• Article 16 – Right to rectification
• Article 17 – Right to erasure (“right to be forgotten”)
• Article 18 – Right to restriction of processing
• Article 20 – Right to data portability
• Article 21 – Right to object
• Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
• Article 77 – Right to lodge a complaint with a supervisory authority

(4) To exercise these rights, the customer or data subject is requested to contact the provider by email or, in the event of a complaint, the competent supervisory authority.
(5) The provider assures that it has taken appropriate technical and organizational measures to ensure the security of personal data and to minimize the risk for data subjects.
(6) In addition, reference is made to the privacy policy on the provider’s website.

§ Dispute resolution

(1) The European Union platform for out-of-court online dispute resolution is available at the following internet address Link to the platform
(2) The provider expressly declares that it is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ Rights of use

All image material published on our website may not be copied or otherwise processed or published elsewhere without express permission. The use of our print products is only permitted for room and interior decoration. Any further use in the media or for reproduction requires a prior request. The customer is not entitled to manufacture, reproduce or distribute Aeon-Lumen products himself, either directly or indirectly via third parties.

§ Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and its customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office in Berlin.
(3) Even if individual clauses are legally invalid, the remaining parts of the contract shall remain binding. The invalid clauses shall be replaced by the statutory provisions, if available. Should this be unreasonable for one of the contracting parties, this shall lead to the overall invalidity of the contract.