§ 1 Operator of the artiva Online Shop and validity of these General Terms and Conditions
The artiva online shop, including the event and fan shops, is operated by B2BRANDS Consulting Ltd. (Station House, Stamford New Road, Altrincham, WA14 1EP, UK). B2BRANDS Consulting Ltd. is registered in England and Wales (111 739 30). The managing director(s) is/are Mr. Gunter Seat von Foullon. These terms and conditions apply exclusively to the sale of goods by us. Other terms and conditions only apply if they have been accepted by us. We sell our goods exclusively to final consumers and only in household quantities.
§ 2 Order, conclusion of contract
2.1 The conditions for all services of B2BRANDS Consulting Ltd. are subject to change and are non-binding. This also applies to the display of goods and services in catalogues, other product descriptions or documents, also in electronic form. Such a display represents a non-binding request to the customer to make a binding offer. Technical and other changes in form, colour or weight are reserved within reasonable limits.
2.2 By ordering the desired goods or services, the customer bindingly declares his/her contractual offer. B2BRANDS Consulting Ltd. will immediately confirm receipt of the customer's order. The confirmation of receipt or receipt of an order by telephone does not constitute a binding acceptance of the order, unless B2BRANDS Consulting Ltd. expressly declares so.
2.3 B2BRANDS Consulting Ltd. is entitled to accept the contractual offer in the order within two weeks. B2BRANDS Consulting Ltd. can refuse to accept the order or limit the quantity.
2.4 All agreements made between B2BRANDS Consulting Ltd. and the customer after the customer's order for the purpose of executing the contract only become binding when they are recorded in writing in the order release.
2.5 The order shall be deemed to have been placed and the contract shall be concluded at the latest upon written order release by the customer. B2BRANDS Consulting Ltd. sends the customer an order confirmation after the order has been approved.
2.6 The conclusion of the contract shall be subject to the reservation that in the event of incorrect or improper self-supply, the contract shall not be concluded or shall be only partially concluded. This only applies in the event that B2BRANDS Consulting Ltd. is not responsible for the non-delivery.
2.7 In the event of non-availability or only partial availability of the goods, the customer will be immediately notified and the return service refunded without delay.
2.8 The customer is entitled to two free correction phases in the design development process. Corrections can be made with regard to colour, graphic design applications ( e.g. gradients ), placement of logos, names, etc. Only the three basic designs (basic design) can be used as a basis for the correction. If the customer wants a new basic design (basic design) a fee of 100€ will be charged. Changes of the materials or the cut will be charged with 25€ during the design phase. If the current process is abandoned, a processing fee of 100€ will be charged.
§ 3 Acceptance of the order
An order is only binding for you once you have entered all the data required for the execution of the contract, confirmed your knowledge of these terms and conditions and clicked on the "Send order" button. Until you click this button you can change your order and the data given for your order at any time.
We reserve the right to accept an order. The decision to do so is at the discretion of B2BRANDS Consulting Ltd.. If an order is not executed, we will inform you immediately by email. The confirmation of receipt does not constitute a sales contract; the confirmation of receipt merely documents that we have received your order.
§ 4 Delivery and Shipping Costs
The ordered goods will be delivered to the delivery address indicated by the customer. If one or more of the goods you ordered is already sold out at the time of your order, we cannot accept your order. We will inform you immediately by email.
§ 5 Payment
All prices, which are indicated for goods in the online shop, contain the respectively valid legal value added tax. You can choose between different payment methods:
Payment by credit card (Visa, Mastercard)
Payment with Giropay
Payment by Paypal
Cash payment on pickup
Payment in advance
If you pay in advance, you will receive our bank details in the confirmation of receipt. As soon as we have received the amount due, we will dispatch the goods to you. If B2BRANDS Consulting Ltd. does not receive your payment within the set period, we have to cancel your order.
Our bank details:
Recipient: B2BRANDS Consulting Ltd.
Bank: National Westminster
Account number: 779 04 885
Sort Code: 51 - 61 - 11
IBAN: GB50 NWBK 5161 1177 9048 85
Please note that your agreements with credit institutions or other institutions may result in additional costs for transfers, account management, etc.
We reserve the right to restrict the use of the above payment methods individually to the use of one or more payment methods. We reserve the right to charge a lump sum of 2.50 € for the first reminder and 4.00 € for the second reminder; you are free to prove that B2BRANDS Consulting Ltd. incurred lower or no expenses for the reminder. Further claims of B2BRANDS Consulting Ltd., in particular claims for damages and claims for default interest, remain unaffected.
§ 6 Retention of title
The goods remain the property of B2BRANDS Consulting Ltd. until full payment has been received.
§ 7 Cancellation policy
Right of withdrawal
You can withdraw from the contract within 14 days without stating any reasons in written form (e.g. letter, fax, email) or - if the goods are handed over to you before the deadline expires - also by returning the goods. The period begins after receipt of this instruction in written form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period.
The withdrawal is to be addressed to:
B2BRANDS Consulting Ltd.
Stamford New Road
Altrincham, WA14 1EP
Goods from the customised sportswear range are excluded, as they are manufactured individually according to customer wishes and are not subject to the standard exchange right.
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) returned. If you are unable to return to us the received service or uses (e.g. benefits of use) or cannot return them in part or only in a deteriorated condition, you must compensate us in this respect. You only have to pay compensation for the deterioration of the item and for drawn uses if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and the mode of operation. "Testing of properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop, for example. Goods that can be sent by parcel post are to be returned at our expense and risk. Goods that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of withdrawal or the goods, for us with the receipt.
End of the cancellation policy
§ 8 Return
If the goods were ordered incorrectly or if you would like to order a different size, please send the goods sufficiently stamped with an enclosed copy of the invoice to:
B2BRANDS Consulting Ltd.
Stamford New Road
Altrincham, WA14 1EP
It is requested - without legal obligation for this or disadvantages with offence - to select the following dispatch type for returns:
By the insured dispatch you ensure that the return arrives with us in a proper manner. The value of the goods will be credited after we have received the goods in perfect condition.
Special designs are generally excluded from exchange or return. This also applies in particular to size problems.
§ 9 Complaints, material defects, statute of limitations
9.1 The customer must immediately check the correctness of the order confirmation. If a possible error is not reported immediately, this order confirmation is considered accepted, even if the delivery does not fail as originally desired.
9.2 The risk of any errors shall pass to the customer when the order is released, unless the error occurred during the production process following the release.
9.3 Defects in parts of the delivery do not entitle the customer to complain about the entire delivery.
9.4 If the client is a consumer, he/she has the choice, if there is a defect, whether subsequent performance is to be affected by repair or replacement. B2BRANDS Consulting Ltd. is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
9.5 In the case of companies, B2BRANDS Consulting Ltd. provides warranty for defects in the goods or work performance initially at our discretion by repair or replacement.
9.6 If subsequent performance fails, the customer may, at his/her discretion, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal) as well as compensation for damages. For damages and futile expenses incurred by the customer due to defects of the goods or work performance, the limitations of liability according to section 11 shall apply.
9.7 Consumers must notify B2BRANDS Consulting Ltd. in writing of obvious defects of the goods within 1 month after receipt; otherwise the claim for warranty is excluded.
9.8 Entrepreneurs must immediately examine the delivered goods for deviations in quality and quantity and notify B2BRANDS Consulting Ltd. in writing of recognisable defects within a period of one week after receipt of the goods; otherwise the claim under warranty is excluded. Concealed defects must be reported to B2BRANDS Consulting Ltd. in writing within a period of one week after discovery. Timely dispatch is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect lies with the business/company.
9.9 Commercially customary and technically unavoidable tolerances in colour, quality, material, weight and other designs are no reason for complaints on the part of the customer.
9.10. Slight tonal value fluctuations are always possible and unavoidable with textile printing, both with colour proofs and in subsequent delivery. We make every effort to reproduce the colours of the palette presented on our homepage, in the catalogue or other brochures as realistically as possible. However, the colours you see on our homepage are dependent on your monitor settings, which is why we cannot guarantee colour accuracy. We therefore strongly recommend shipping the artiva colour palette on fabric for products of the artiva brand.
9.11. Proofs for production release and colour proofs must be checked by the customer for accuracy. B2BRANDS Consulting Ltd. is not liable for errors overlooked by the customer.
9.12. After a complaint B2BRANDS Consulting Ltd. may request samples for testing. The requested sample goods must be sent within three working days and marked so that we can trace the nature and position of the defects.
9.13. Claims for material defects (including damages) become time-barred two years after delivery of the goods to consumers and one year after delivery of the goods to businesses. In the case of used goods, the warranty period for consumers is one year from delivery of the goods.
9.14. This does not apply if longer periods are prescribed by law and in cases of injury to life, body or health, in cases of intentional or grossly negligent breach of duty by B2BRANDS Consulting Ltd. or in cases of fraudulent concealment of a defect. The regulations concerning the suspension of expiration, the new beginning of periods as well as the liability of B2BRANDS Consulting Ltd. according to the product liability law remain unaffected.
9.15. Warranty claims for material defects of goods or work services do not extend to malfunctions of the goods which after their delivery are based on incorrect handling by the customer or third parties, in particular on an application not provided for in the product information or improper storage or are the result of natural wear and tear.
9.16. B2BRANDS Consulting Ltd. does not give guarantees to customers in a legal sense. Manufacturer guarantees remain unaffected by this.
§ 10 Copyrights/proprietary rights of third parties, release from liability, inadmissible designs
10.1 If the customer transmits their own design or otherwise influences the product (e.g. text personalisation), the customer assures B2BRANDS Consulting Ltd. that the text and design are free of third party rights. In this case, any infringements of copyrights, personal rights or name rights shall be borne entirely by the customer. The customer also assures that he/she does not infringe any other rights of third parties by individualising the product. In principle, each customer is responsible for obtaining the written permission of the rights holders for the use of legally protected lettering, logos, illustrations, slogans or designs and to present B2BRANDS Consulting Ltd. without request.
10.2 The customer shall indemnify B2BRANDS Consulting Ltd. against all claims and demands which are asserted due to the infringement of such rights of third parties, insofar as the customer is responsible for the breach of duty. The customer reimburses B2BRANDS Consulting Ltd. for all defence costs and other damages incurred.
10.3 Labels, illustrations or other custom-made products at the customer's request that violate the privacy of third parties, contain pornography, serve the distribution of prohibited propaganda material or that call for committing or participating in criminal offences will not be implemented by B2BRANDS Consulting Ltd..
10.4 Clubs in particular should observe possible guidelines, requirements and restrictions of their associations. B2BRANDS Consulting Ltd. assumes no liability or guarantee for possible infringements. This applies in particular to regulations concerning sponsors sizes and representations as well as the representation of numbers and names.
§ 11 UN Convention on Contracts for the International Sale of Goods
UK law applies. UN sales law is hereby expressly excluded.
§ 12 Identification of provider
B2BRANDS Consulting Ltd.
Stamford New Road
Altrincham, WA14 1EP
Tel.: +44. 161 924 22 31**
Registered in England and Wales
111 739 30
Managing Director / Executive Management:
Mr. Gunter Seat von Foullon
Operatively responsible for content and handling:
Mr. Gunter Seat von Foullon