New Art Illusion - General Terms and Conditions
(as of December 6th 2016)
All contracts, especially those accomplished via internet orders, are based on the following General Terms and Conditions. Differing General Terms and
Conditions do not form an integral part of the contract, unless their standing is confirmed and approved in writing.
The inclusion of the client's own conditions is herewith
objected expressis verbis, subject to other agreements.
2. Contract Conclusion, Correction of Entry Errors and Provided Languages
The presentations of the
products available through the online shop are no juridical binding offer, but a non-binding online catalogue.
By clicking "Buy now" in our WebShop you place a binding
order for the goods in your shopping cart. The confirmation of the receipt of your order along with the acceptance of the order is sent to you by an automated e-mail immediately after
the purchase. With this e-mail confirmation of the purchase the contract has been concluded.
To this e-mail are being attached our General Terms and Conditions including the
advising of withdrawal and the model withdrawal form.
The customer is given the possibility to detect any entry errors and correct them before submitting the binding
contract. The entries made by the customer are displayed in the basket. Here, the customer is able to remove or adjust the number of products. In the field “3. Order” all
by the customer selected items are displayed and shipping and payment methods are listed in detail. Here, corrections can be made by the links
“1. Basket” and “2.
Address” in the top of the page.
If you send an order by e-mail or fax to us, the purchase contract is concluded by sending our confirmation e-mail. To this e-mail
are being attached our General Terms and Conditions including the advising of withdrawal and the model withdrawal form.
Concluding contracts, complaints and revocations
are being made in German or English.
3. Delivery & Default and Impossibility of Performance
For deliveries of ordered items the following delivery times
-deliveries within Germany: about 3-5 days
-deliveries within Europe: about 5-10 days
-deliveries outside Europe: about 10-18 days
Should damages for
non-performance due to slight negligence ex parte the company New Art Illusion be made, these are limited to direct and indirect damages that do not affect loss of profit or concern
unpredictable, atypical damages. Compensations of damages caused by delay are limited to the triple purchase price. This shall not apply in case of gross negligence or intent ex parte
the company New Art Illusion.
Agreements about binding delivery times require our explicit approval in writing. In case of force majeure or other incidents we cannot govern in our
own company or subcontracting firms avoiding consignment, we are able to extend the agreed upon delivery time for three weeks or to withdraw from the contract. The company New Art
Illusion is obliged to inform the buyer about non-performance in the event of withdrawal and shall compensate considerations already performed immediately.
Terms & Prices
The payment of goods shall be made either by advance payment (without discount), cash on delivery or via the PayPal online system. Payment by invoice
shall only be available to companies, administrations or other public bodies.
Prices are always inclusive of VAT if they are not explicitly identified as exclusive of VAT. Prices
will be billed, which are valid on the date of order. In particular, subsequent price changes have no impact on the contract. Other arrangements may only be made in
When paying with PayPal payment system, the invoice amount is debited of your registered PayPal account after the order / purchase process.
With this payment
method the payment is done through the PayPal payment service, PayPal (Europe) S.ŕ.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
Here the conditions of
“PayPal” apply that can viewed on the website of “PayPal”.
If you pay by cash on delivery an additional charge is to be collected by the delivery
agent (Germany: 2,00 EUR fee for the money transfer; International: returning fees – the amount varies by destination country).
Until payment of the price owed has
been made in full, the seller reserves the ownership of the goods delivered by him.
5. Packing and Shipping
5.1 Inside the Federal Republic of
Shipping takes place via mail. Up to a purchased price of 75,00 EUR we charge flat shipping and handling fees of 5,00 EUR. For amounts of 75,00 EUR and more
shipping inside Germany will not be charged.
In our discretion shipping shall take reasonable care. We are not obligated to the cheapest shipping. In case of withdrawing
an order (according to § 312 BGB) we reserve the right to charge incurred expenses for already produced goods, that cannot be used for other purposes. Costs will at most be as high as
the purchase price.
5.2 Outside the Federal Republic of Germany
Shipping takes place via air mail. We charge flat shipping and handling fees of
inside Europe and 15,00 EUR for shipping outside Europe.
In our discretion shipping shall take reasonable care. We are not obligated to the cheapest shipping. In case of
withdrawing an order (according to § 312 BGB) we reserve the right to charge incurred expenses for already produced goods, that cannot be used for other purposes. Costs will at most
be as high as the purchase price.
For goods offered in our WebShop the statutory warranty rights apply. Obvious defects or obvious incorrect
deliveries must be alleged by you in writing within two weeks of receipt of the goods.
For non-obvious defects or non-obvious incorrect deliveries the notice period corresponds to
the statutory limitation period of 2 years starting from the receipt of the goods.
The customer has to carry out the necessary reasonable investigations on the delivered
goods. Natural wear and tear is excluded from warranty. If the customer files a legitimate reclamation, warranty shall take place of our choice by remedy, replacement, reduction of
the purchase price (abatement) or rescission of the contract (redhibitory action). Only if rectification and replacement have failed the customer can demand abatement or redhibitory
action at his option. In particular, warranty claims cannot be made if the damage of the product is in a causal connection of incorrect handling, attendance or care contrary to the
instruction handbook, or not approved complete or partial modification of the product.
Notifications of defects must be sent
by post to:
New Art Illusion
- Volker Wollert
Am Schuetzengarten 15
or via fax to:
+49 3212 1190717
or via e-mail
7. Liability for Guaranteed Quality of Software, Compatibility and Protection Mechanisms
If in particular cases special
characteristics are guaranteed by the company New Art Illusion, the liability of the warranty does not cover consequential harms caused by a defect, that are part of the
Software sold by New Art Illusion demand specific hardware and software requirements. These are shown and described in detail on the product pages of our
Software products are provided with different protection mechanisms against illegal use / disclosure (product key, serial number).
The buyer's right to claim damages is excluded in particular for defective goods. This exclusion does not apply to liability of the seller for damages from
injury to life, body or health due to a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative of the seller or his agents. The
exclusion also does not apply to the liability for other damages based on a gross negligence of the seller or from an intentional or grossly negligent breach of duty by a legal
representative or vicarious agent of the seller. The disclaimer does not apply equally culpable violation of other contractual cardinal obligations.
Remark: The buyer has the
obligation to regularly back-up data!
In spite of most careful programming and ample test runs, we cannot theoretically eliminate any possibilities of data loss by use. The company
New Art Illusion is liable for data loss by using the programs only with restriction to those damages that would have also occurred to correct data back-up.
The obligation to deliver is a sending obligation (German: ‘Schickschuld’). The company New Art Illusion has taken every necessary action in
respect of the benefit of goods by the time the product is ex stock and posted. The buyer bears all risk of damage and extinction of the product during carriage. In this case the
buyer remains obligated to pay the purchase price. Only in this respect claims shall be made against the hauler and the carrier respectively.
10. Right of
Generally consumers have a right of withdrawal for contracts concluded on the website www.3D-Easy.com. Details of the right of withdrawal and consequences of
withdrawal arise from the withdrawal referred to. The customer will be provided with a model withdrawal form in the context of the withdrawal. The use of the model withdrawal form is
This revocation is only for customers who are natural persons closing legal transactions for mostly neither commercial nor for their
independent vocational activity.
You have the right to withdraw this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the
date on which you or a representative of you as a third party, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must notify us
by means of a clear statement
(a sent mail by post, fax or e-mail).
New Art Illusion – Volker Wollert,
Am Schuetzengarten 15, 02929 Rothenburg, Germany
Fax: +49 3212
You may use the attached model withdrawal form, which is however not mandatory.
After lodged cancellation we will provide you immediately by
e-mail with an acknowledgment of receipt of the revocation.
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal
before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we will reimburse any payments received from you immediately and repay at the latest
within fourteen days from the date on which the notification about your cancellation of this contract is received. This includes delivery costs and excludes any additional costs that
arise from the fact that you have chosen a type of delivery other than those offered by us. For this repayment, we use the same method of payment that you used in the original
transaction, unless you explicitly agreed otherwise. In any case you will not be charged fees for such repayment. We may withhold the reimbursement until we have received the returned
goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
Not later than fourteen days from the date you informed us about the
withdrawal of this contract, you have return or pass the goods promptly and in any event to:
New Art Illusion – Volker Wollert,
Am Schuetzengarten 15, 02929 Rothenburg,
The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct cost of returning the goods.
Freight collect returns of goods alone
do not indicate any withdrawal (without a formal withdrawal). The costs of freight collect returns of goods are borne by the consumer.
You only need to pay for any diminished value
of the goods, if this value loss is due to an unnecessary handling other than check the nature, characteristics and functioning of the goods.
Absence of withdrawal rights
right of withdrawal does not apply to
- the delivery of goods which are not prefabricated and for whose production an individual choice or decision by the consumer was required or
which were clearly tailored to the personal needs of the consumer.
- the delivery of audio, visual or video recordings or computer software in a sealed package, if the seal was
removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please complete this form and send it back.)
New Art Illusion – Volker
Am Schuetzengarten 15, 02929 Rothenburg, Germany
Fax: +49 3212 1190717
I/we (*) hereby revoke the contract entered into by me/us (*)
contract to purchase the following products (*) / the provision of the following services (*)
Order no./delivery no. __________________________________
Appointed on/received on
Name/s (*) of the customer/s (*) ___________________________
Address of the customer/s (*)
Signature of the customer/s (*) (only with messages on paper)
(*) delete as applicable
11. Applicable Law and Legal Venue
Orders and deliveries are subject to the law of the Federal Republic
of Germany, excluding the CISG.
In the event of disputes or any lack of clarity, the court of Görlitz shall have exclusive jurisdiction if the customer has no venue in the Federal
Republic of Germany.
12. Data Protection and Storage and Accessibility of the Terms and Conditions of the Contractual Text
According to the Federal Data
Protection Act (BDSG) we are able to process, save and analyse customer data received in addition to business connections. The wording of the contract shall be saved by the company.
We will send you the order and the applicable terms and conditions when placing your order by e-mail.
The customer will be asked to save this e-mail and possibly print it, as the
treaty text for him is no longer accessible in full on the system of the seller after placing an order. It is also not possible if he has registered as a customer.
Your last orders
you can see in our customer login area if you have registered there.
If you have not registered ("Purchase without registration"), however, your order data is no longer
accessible via the internet.
New Art Illusion complies with all applicable statutory provisions on data protection. This Privacy Statement is to conform you
as a customer of the nature, scope and purpose of the collection and use of personal
Party / Contact
New Art Illusion – Volker Wollert
Am Schuetzengarten 15, 02929 Rothenburg, Germany
Fax: +49 3212 1190717
Use of Data
Your personal data (e.g. name, address or email address) that you provide us to process contracts, will only be used without your special consent, as it is necessary to
execute the contract.
This includes in particular the disclosure of your information to transport companies, credit companies, payment service provider or other services used for
Access to the website of New Art Illusion
When accessing our website your browser automatically transmits data for technical reasons (e.g. the date and
time of access, browser type / version, operating system, URL of the visited site, IP address). These data are stored exclusively for technical reasons and will not be assigned at any
time to a particular person.
The Shop-website www.3D-Easy.com uses etracker technology (www.etracker.de) by which anonymous data is collected and saved for marketing and
optimisation purposes. All visitor data is saved using an anonymous user ID to aggregate a usage profile. Cookies may be used to collect and save this data, but the data is not
personally identifiable. The data will not be used to identify a visitor personally and is not aggregated with any personal data. The collection and storage of data may be refused at
any time, with effect for the future.
Erasure of Your Data
With complete contract processing your data will be deleted unless you have expressly consented to further use. In
case the statutory retention periods apply to your data, this data will be blocked for further use and deleted after the retention periods.
Access and Rectification
You have the
right to receive information from us about the data stored by us free of charge. Furthermore, you have the right to rectification, blocking and deletion of your data. To do so, please
contact us by email or post to address above.
New Art illusion uses technical and organizational security measures to protect the data provided by you against
accidental or intentional manipulation, loss, destruction or access by unauthorized persons. All employees and agents are obliged to comply with data secrecy.
to other Websites
On May 12th1998, the County Court Hamburg ruled to may be responsible for contents of inserted linked websites of third parties. That can only be
avoided by expressly distance ourselves from the contents of these sites. Our website contains links to third party information providers. We would like to expressly point out that we
have no influence on the contents or reliability of those external websites. Therefore we expressly distance ourselves from all content of all linked sites. Concerning our website,
this declaration shall apply to all inserted linked websites and the contents to which these links will lead.
Should any of the above named
agreements due to other reasons become void, the validity of all other provisions shall remain unaffected.