Terms

GERMAN LAW APPLIES!

 

Terms and Conditions towards costumers of

Online-Shop Verlag & Galerie Vollherzig
Ilknur Oezen, Menzelstrasse 7, D-55127 Mainz, Germany
Phone: +49 (0) 6131 6331277
Email: amba@vollherzig.de

§ 1 Scope

These terms and conditions apply to all purchases made by the online shop Publisher & Gallery /Verlag & Galerie Vollherzig (hereafter also referred as »we« or »us«; see »Imprint« above), which are carried out by private customers. Private customers are consumers in the meaning of § 13 of the German Civil Code (BGB). Business persons are requested to place orders by phone or email.

  1. We operate a sales platform for artworks, art prints, books and other products on the internet. As the operator and owner of this platform, we are also the contracting party of the persons wishing to purchase goods via this platform.

  2. All contractual relationships between us and our customers are subject to these terms and conditions. Deviant terms and conditions of the clients do not apply. By placing an order, these terms and conditions are recognized by the customer. The version of the conditions valid at the time of order applies. All ancillary agreements must be in writing.

  3. The customer is obliged to provide the information required in the order form (name, address, etc.) truthfully and completely. Damage resulting from incorrect information has to be settled by the responsible customer

  4. The business relations between us and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law. Place of fulfillment and jurisdiction is Mainz, Germany, as long as the customer is a merchant or a legal entity under public law or public law special fund.

§ 2 Conclusion of Contract

  1. The presentation of our goods and the opportunity to order is not a binding offer on our part. Your order only then represents a binding offer when you click/tap on the button »Submit order« and concludes into a purchase contract. If you place an order with us, we will send you an email to the email address you have specified, which we will use to confirm the receipt of your order and for further order details (»order confirmation«). This order confirmation is only intended to inform you that your order has been received by us. A purchase contract with us will only come about when we ship the ordered product to you and confirm the shipment to you with a second email (»shipping confirmation«).

  2. Purchase requests of the customer are accepted only at the respectively valid prices and conditions. All prices are, unless otherwise stated, including VAT. All prices declared verbally or in writing are not binding. Errors are reserved. The prices indicated for works of art and other goods include shipping and packaging costs, which we have declared again before the order is submitted.

  3. In the case of orders from abroad, especially outside Europe, additional customs duties, taxes, fees and similar costs may be incurred, which are not included with the declared prices and need to be paid by you. Please inform yourself accordingly, e.g. at the local customs authority.

  4. If a work of art is not available, there is no delivery claim. If one or more products are not available, we will inform you as soon as possible. If you have already paid for the goods, the corresponding amount will be refunded immediately.

  5. Works of art marked as deliverable will be dispatched within seven days, in most cases within three business days. If more than 10 working days pass between your order and the delivery, please check the status on our website and send us an email if necessary.

  6. We always reserve the right to accept your offer to conclude a purchase contract. In particular, we have the right to perform your offer only partially, through deviating from your order quantity in terms of the number of works of art, art prints, books and other goods. We reserve the right to refuse orders if third-party rights were violated or violated by law during order processing.

§ 3 Return and Revocation Policy

  1. Consumers i.S.d. BGB domiciled within the states of the European Union have the right to withdraw from the contract, if it is a distance selling contract. For customers outside these states, this right of return does not exist in the sense of the following regulations.

  2. Excluded from the return are special designs, especially individual prints and framed pictures. There is also no right of revocation if you have purchased the products from us for the purpose of a commercial or independent professional activity.

  3. If you cannot return the goods received or only in part or in a deteriorated condition, you must pay us compensation in this respect. See also the section on appropriate treatment (§ 8). You only have to pay for a possible loss in value of the goods, if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

  4. You can avoid the obligation to pay compensation by not using the goods as an owner and refraining from anything that affects their value. In the case of laminations, paper coatings and frames, these are in particular scratches, stains, fractures, holes or applied adhesive strips, which all amount to a total loss. Goods are to be returned for protection only in the original special packaging on the way out using all protective materials.

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Revocation

Right of Revocation

  1. You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

  2. To use your right of withdrawal, you must inform Verlag & Galerie Vollherzig, Ilknur Oezen, Menzelstrasse 7, D-55127 Mainz, Germany / Phone: +49 (0) 6131 6331277, Email: amba@vollherzig.de by means of a clear statement (with email or mail sent by post) about your decision to cancel this contract. An Example Withdrawal Form for copying can be found at the end of these terms and conditions.

  3. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Revocation

  1. If you withdraw from this agreement, we will refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery) immediately and within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this refund, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for any fees of refund. We may refuse a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier.

  2. You must return the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract, to Verlag & Vollherzig, Ilknur Oezen, Menzelstrasse 7, D-55127 Mainz, Germany, or handed over. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.

  3. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that has not been necessary for examining the nature, characteristics and functioning of the goods.

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§ 4 Most Cost-Effective Shipping Method on Return

  1. If possible, please use the original packaging when returning the goods, even if they are damaged by a functional test opening. You are not obliged to do so, but by returning them in their original packaging you can prevent us from having to ask you for compensation for the missing original packaging.

  2. Please use the easiest and most cost-effective way to return the goods. However, if you choose an unnecessarily expensive shipping method, you may be required to pay the increased cost of shipping.

§ 5 Prices and Shipping Costs

The excellent prices are final prices including VAT. The amount applicable at the time of the binding order applies. In addition, shipping costs depend on the shipping method, the size and the weight of the goods ordered by you. You can find out about the details of the costs directly from the respective product. You bear the costs of return, which arise in case of a return of the goods by you in exercise of your right of withdrawal.

§ 6 Payment and Delivery

  1. Unless otherwise agreed, after delivery, delivery from our warehouse usually takes place with the parcel service provider DHL to the (delivery) address specified by you. Information about the delivery period is not binding, as far as exceptionally the date of delivery was bindingly agreed.

  2. The payment of the purchase price takes place immediately after purchase application via bank transfer or via the service provider PayPal. The information required for the payment transfer to the PayPal account will be transmitted during the order process. The supplier is PayPal (Address: PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg). The basis for the contractual relationship between PayPal and its customers are exclusively the terms of use of PayPal.

  3. In the event that a payment is returned, we can request a processing fee of EUR 15.00 from the customer. If the customer is in default of payment, we are entitled to postulate an interest of 5% above the base rate p.a. respectively announced by the ECB and a flat rate of EUR 7.50 per reminder, with the exception of the first reminder. If we have demonstrably incurred a higher damage by delay of payment, we are entitled to assert this. The customer can (above mentioned) prove that we did not incur any damage at all or that it was lower than the flat charge is.

  4. If you have agreed on ordering on account and are in default of payment, we are entitled to charge default interest in the amount of 5 percent. If we have demonstrably incurred a higher damage by delay of payment, we are entitled to assert this.

  5. Delivery delay by us does not entitle the customer to claim for damages, unless the delay in delivery was caused by us with intent or gross negligence. A right of withdrawal of the customer remains untouched.

  6. We may also refuse delivery if effort and extent of the contents of the purchase contract taken in account and the laws of trust and faith are grossly disproportionate to the customer’s interest. Already paid amounts will be reimbursed by us immediately.

§ 7 Transportation Damages

  1. The customer must inspect the goods immediately for damage and must reprimand the forwarding agent / parcel carrier prior to their acceptance and have any obvious damages certified immediately in a suitable manner. The transport companies are obliged to do so.

  2. If there are obvious damages that are only noticed after acceptance, the customer must notify us of this within a period of 5 days after acceptance. If the buyer fails to do so, the assertion of defects for the obvious damage is excluded. For externally unrecognizable damage, defects or weight reductions of the content, which come to light while unpacking, please stop any further unpacking immediately. The transport company is immediately to be held liable in writing and to demand the determination of the damage. If this fails, the customer may have a reduction or an exchange.

  3. In all cases, the goods and packaging must be left in the condition in which they were found when the damage discovered derived from the transport company agent until all facts have been recorded.

§ 8 Warranty, Appropriate Treatment

  1. Our prints, laminations and frames are defective if, despite careful production with high-quality materials, they do not meet the technical standard offered. For insignificant defects, however, there are no warranty claims by the customer.

  2. We assume no responsibility for minor deviations of the delivered goods from the shown. In the case of art prints, graphics and other printed products, slight deviations in the color of the patterns, in the format and in the paper or other surface quality cannot be completely avoided by printing technology. Furthermore, deviations in the presence or the dimensions of an image border or a caption may occur. Such deviations do not justify a complaint. Color differences, image trimming or color shifts between the images and prints and the originals are also not a defect.

  3. For works signed by the artist, any changes made in this context, including minor scratches, stains or other damage, are an integral part of the product and do not represent a defect.

  4. Prints, laminations and frames should not be exposed to direct sunlight, in whole or in part, should not be hung directly above heaters and should not be exposed to atmospheric moisture exceeding the level of normal living spaces. We explicitly point out that the prints we offer are not waterproof and underlie environmental influences, their appearance and color can change and fade. We do not assume any warranty for such unalterable change processes.

  5. Prints, laminations and frames are not suitable for outdoor use, basements, bathrooms and kitchens. Prints, laminations and frames are very sensitive to scratches and stains and must therefore only be handled with gloves or similar protection.

  6. Excluded from the warranty are all damages that are due to natural wear, improper use and inadequate or incorrect care or storage. This also applies to damage caused by improper packaging of returns.

  7. Otherwise, the statutory warranty applies to consumers within the European Union and begins with the delivery of the goods. In the event of a warranty claim, the customer is initially entitled to supplementary performance or subsequent improvement. If supplementary performance or improvement is impossible for us (e.g. by an out of print edition) or if it is delayed beyond reasonable deadlines for reasons we cannot be held responsible for or if it fails for any reason or these reasons are unacceptable, then it is the authorization of the customer either to withdraw from the contract or to demand a corresponding reduction of the purchase price (reduction). Defects in part of the delivered goods do not entitle the complaint of the entire delivery.

  8. The customer can only assert obvious deficiencies in the delivered goods, if he reprimands them within two weeks after delivery under exact description in writing or by email to us. Decisive is the dispatch of the complaint. A later claim is not possible. If merchants are involved in the contract, §§ 377 and the following of the German Commercial Code (HGB) apply in addition. Defects that are not obvious defects must be reported to us in writing or by email within the statutory warranty period with a detailed description.

§ 9 Retention of Title, Set-Off, Right of Retention

  1. For consumers i.S.d. BGB we reserve the ownership of the purchased item until full payment of the invoiced amount. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or special fund under public law, we reserve the ownership of the purchased object until all unpaid claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

  2. The customer is only entitled to compensation if his counterclaims have been legally established or are undisputed or recognized by us. In addition, he has a right of retention only if and only to the extent if his counterclaim is based on the same contractual relationship. If the customer is in delay with any payment obligations, all existing claims will become due immediately. If the customer does not pay immediately after a reminder in the event of a contract breach, in particular in payment delay, he must surrender the goods subjected to retention. The redemption costs are borne by the customer.

§ 10 Copyright

The images shown in our online galleries and publications as well as products distributed by us are protected by copyright worldwide. The customer is not entitled to produce the goods themselves or by third parties, to reproduce. This requires an explicit permission in the form of transfer of rights of use by the respective artist. Violations will be prosecuted.

§ 11 Liability

We shall only be liable if we or one of our vicarious agents has violated a material contractual obligation (cardinal obligation) in a manner endangering the purpose of the contract or the damage is due to gross negligence or intent on the part of us or one of our vicarious agents. Unless this is due to gross negligence or intent, our liability is limited to the damage that was reasonably foreseeable at the time the contract was concluded. Liability for warranted quality, personal injury and mandatory statutory provisions, in particular the Product Liability Act, remains unaffected.

§ 12 Data Protection

Insofar as you have provided us with personal data, we only use these to answer your inquiries, to handle contracts concluded with you and for technical administration. Your personal data will only be passed on to third parties or otherwise transmitted if this is necessary for billing purposes, for the purpose of contract execution – in particular transfer of order data to suppliers – or if you have previously consented. You have the right to revoke your consent with effect for the future at any time. The deletion of the stored personal data takes place if you revoke your consent to the storage, if their knowledge is no longer necessary for the fulfillment of the purpose with which they were stored or if their storage is inadmissible for other legal reasons. A comprehensive privacy policy can be found on our website on the page »Imprint«.

§ 13 Severability Clause

  1. Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the ineffective or invalid provision with a valid provision which comes closest to the intended economic purpose. The same applies in the case of an omission.

  2. Changes or additions to this contract must be made in writing.

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Withdrawal Form

If you want to revoke the purchase contract, then please provide the following information and send it by email to amba@vollherzig.de or by airmail to

Verlag & Galerie
Vollherzig
Ilknur Oezen
Menzelstrasse 7
D-55127 Mainz
Germany

Example Withdrawal Form

I / We hereby revoke the contract for the purchase concluded by myself / us

of the following goods

ordered on (*)  /  received at (*)

Name and address of the costumer

Signature of the costumer/s (only when notified on paper)

Date