General terms and conditions for the sale of artificial bronze sculptures
All exhibits purchased by the buyer are subject to our following general terms and conditions:
1 General provisions and scope of application
1.1 A consumer in the sense of the GTC is any natural person with whom a business relationship is entered into and who acts for a purpose that cannot be attributed to his commercial or self-employed professional activity.
1.2 An entrepreneur in the sense of the GTC is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity.
1.3 Customers within the meaning of these GTC are both consumers and entrepreneurs.
1.4 The GTC apply to the entire business relationship between the customer and FINE ARTSWohnkultur GmbH (in short: FINE ARTS)
In the case of entrepreneurs, they shall also apply to all future business relations, even if they are not expressly agreed again. The version valid at the time of the conclusion of the contract is decisive in each case.
1.5 Terms and conditions deviating from, contradicting or supplementing the present General Terms and Conditions shall not become part of the contract – even if known – unless their validity is expressly agreed in writing.
2 Conclusion of contract on eBay and Amazon
2.1 If an item is placed in a so-called online auction, the activation of the offer page on eBay is the binding offer to conclude a purchase contract. This is addressed to the customer who makes the highest bid during the term of the online auction and fulfils any additional conditions specified in the offer. The offer can be withdrawn during the individually determined duration of the online auction.
Auction are accepted – this exclusively via the bidding function made available on the trading platform of eBay. The customer accepts the offer by placing a bid. The bid expires if a third party makes a higher bid during the term of the online auction.
The official eBay time is decisive for measuring the duration of the online auction. With the end of the respective determined duration of an online auction or in the case of premature termination of the online auction, the contract is concluded with the customer who has placed the highest bid up to that point.
2.2 If an article is placed in a so-called online auction and also provided with the “buy-it-now” function, the contract with the customer is already concluded at the fixed price specified in the option, regardless of the expiry of the term and without carrying out an online auction, if the customer exercises this option. The option of concluding the contract at the fixed price can be exercised as long as no bid has been placed on the item.
2.3 If an item is placed exclusively under the fixed price format, the activation of the offer page on eBay is the binding offer to conclude a purchase contract at the specified price. The contract with the customer is then concluded as soon as the customer fulfils any conditions contained in the offer, clicks the button “Buy Now” and confirms the process with his eBay password.
3 Right of return
Consumers are entitled to a right of revocation – if the regulations on distance contracts are applicable – with regard to the purchased articles in accordance with the following instructions:
3.1 Right of revocation
If you have exercised your right of withdrawal according to the regulations on distance contracts, you are no longer bound to your order if you withdraw within a period of 2 weeks after receipt of the goods. The revocation does not have to contain any reasons and can be made in writing (e-mail is sufficient) or by returning the goods. To meet the deadline, it is sufficient to send the goods back in time:
FINE ARTS Home Decoration GmbH
60388 Frankfurt am Main
3.2 Consequences of cancellation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you may be required to pay compensation for lost value. This does not apply if the deterioration of the goods is exclusively due to their
examination, as it would have been possible for you in a retail shop. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent as a parcel are to be returned at our risk, if possible in their original packaging. We shall bear the costs of returning the goods if your order exceeds an amount of EUR 40,–.
The right of return does not exist in accordance with § 312 d para. 4 BGB for contracts for the delivery of goods which are manufactured according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiration date would be exceeded, which are concluded in the form of auctions.
3.4 Consequences of return
In the event of an effective return, the services received by both parties must be returned and any benefits derived (e.g. advantages of use) must be surrendered. In case of a deterioration of the goods, compensation for lost value can be demanded. This does not apply if the deterioration of the goods is exclusively due to their examination – as it would have been possible for the consumer in a shop.
4 Prices and delivery and shipping costs
4.1 The prices quoted in the respective offers are without exception gross prices – i.e. they include all price components including any applicable taxes.
4.2 FINE ARTS reserves the right to exclude individual payment methods. Decisive are the details of the accepted payment methods on the respective eBay website.
4.3 All prices are – unless otherwise expressly agreed – without packaging, freight, postage and insurance. When sending goods both domestically and abroad, additional delivery and shipping costs are therefore incurred, the amount of which depends on the information provided in connection with the specific offer
…to be directed.
4.4 If the customer expressly demands a (transport) insurance or if such an insurance is provided for on the basis of the further contractual conditions, FINE ARTS is entitled to charge the customer separately for the additional costs caused thereby.
4.5 The customer undertakes to pay all amounts at the latest 14 days after receipt of the request for payment without deduction; decisive is the receipt of the amount by the seller. After the unsuccessful expiration of the deadline, the customer is in default of payment without further explanation from FINE ARTSin. During the delay a consumer has to pay interest on the money debt at the rate of 5 percentage points above the base interest rate.
An entrepreneur has to pay interest on the debt during the delay in the amount of 8 percentage points above the base interest rate; FINE ARTS reserves the right, however, to prove and assert a higher default interest damage.
4.6 The customer has the right to offset only if his counterclaims have been legally established or have been recognised by FINE ARTS. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
4.7 The customer assures to have deposited the correct and complete delivery address at eBay as well as to provide the correct account data in case of the agreement of the direct debit procedure. If there are additional costs due to incorrect data – such as shipping costs or costs for return debit notes – the customer has to reimburse these costs.
5 Delivery and service period and shipping conditions
The dates and periods stated by FINE ARTSWohnkultur GmbH are non-binding, unless otherwise expressly agreed in writing. Even bindingly agreed delivery periods and deadlines are subject to timely delivery by our suppliers. FINE ARTSWohnkultur GmbH is also not responsible in this case for delays in delivery and performance due to force majeure and due to events that occur during manufacture and make delivery considerably more difficult or impossible for us (subsequently occurring material procurement difficulties, operational disruptions, strikes, lockouts, lack of personnel, lack of means of transport, official orders, etc.)
In this case, FINE ARTSWohnkultur GmbH is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
If the hindrance lasts longer than six months, the buyer is entitled to withdraw from the contract with regard to the not yet fulfilled part after setting a reasonable deadline. Claims, especially claims for damages of any kind, are excluded.
FINE ARTSWohnkultur GmbH is entitled to partial deliveries and partial services at any time.
5.1 The delivery of the articles is, unless otherwise expressly agreed upon in exceptional cases, always against advance payment.
5.2 Partial deliveries are permissible as far as they are reasonable for the customer.
5.3 The type of shipment is at the discretion of the seller, unless an express agreement has been made with you as the customer.
6 Transfer of risk
6.1 For entrepreneurs, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the entrepreneur or a person authorized to receive the goods upon delivery to the entrepreneur or, in the case of mail order purchases, upon delivery of the goods to a suitable transport person, freight forwarder, carrier or other person.
or the person or institution otherwise designated to deliver the consignment.
6.2 In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods shall always pass to the consumer upon delivery of the goods.
6.3 It is equal to the handover if the customer is in default of acceptance.
7.1 Subsequent performance by the seller
Consumers have the choice whether the supplementary performance is to be carried out by rectification of defects or replacement delivery. FINE ARTS is however entitled to change the type of the selected supplementary performance.
refuse if it is only possible at disproportionate cost and the other form of remedy is not likely to cause significant inconvenience to the consumer.
With entrepreneurs FINE ARTS for lack of the commodity carries guarantee out first after own choice by rework or replacement. The customer is not entitled to
to remedy the existing defect directly itself or have it remedied by third parties (self-remedy); any expenses incurred for this will not be reimbursed to the customer.
7.2 Other warranty claims
If the subsequent performance has failed, the customer may in principle choose to reduce the remuneration (abatement), cancel the contract (withdrawal), claim damages or
demand compensation for futile expenditure. If the customer chooses compensation for damages or claims futile expenses, the limitations of liability according to § 9 of these GTC apply.
7.3 Warranty periods
In the case of new goods, the period of limitation is two years for consumers and one year for entrepreneurs from delivery of the goods. Facilitation of the statute of limitations associated with these periods of time does not apply if FINE ARTS is liable according to § 8 of these General Terms and Conditions or if it concerns the right in rem of a third party, on the basis of which the
return of the delivery item can be demanded.
7.4 Duty to report defects
Entrepreneurs must report obvious defects in writing within a period of two weeks from receipt of the goods using the contact details listed above; otherwise the assertion of warranty claims is excluded. The timely dispatch of the notice of defects shall be sufficient to meet the deadline.
Notice of defect. The entrepreneur bears the full burden of proof for all claim prerequisites, in particular for the defect itself, for the point in time at which the defect was discovered and for the timeliness of the notification of defects.
7.5 Notification of possible transport damage
In the case of transport damages, the customer undertakes to notify FINE ARTS immediately and to support FINE ARTS to the best of its ability in the possible assertion of claims against the respective transport company or transport insurance. The customer is therefore obliged, among other things, to notify the transport company of any loss of or damage to the goods directly at
delivery as far as this is externally recognizable; he has to inform the
Keep the packaging.
If the loss or damage is not externally visible, the customer must notify the transport company and FINE ARTS within 7 days after delivery.
7.6 Guarantee conditions
The mere presentation of the goods is to be regarded as a pure performance description, in no case as a guarantee for the quality of the goods. We shall only assume a guarantee for the quality of the goods if we have expressly confirmed this separately in writing.
7.7 No material defect
The goods illustrated in the offers can naturally deviate from the appearance of the delivered goods. A deviation of the goods depicted in the offers from the appearance of the delivered goods does not constitute a material defect.
Section 8 Liability
8.1 In accordance with the statutory provisions, FINE ARTS has unlimited liability for damages resulting from an intentional or negligent breach of duty by itself, its legal representatives or its employees.
representatives or his vicarious agents as well as for other damages which are based on an intentional or grossly negligent breach of duty as well as fraudulent intent by him, his legal representatives or vicarious agents. About
In addition, FINE ARTS has unlimited liability for damages that are covered by liability according to mandatory legal regulations, such as the Product Liability Act.
8.2 For damages caused by simple negligence, FINE ARTS is liable insofar as the negligence concerns the violation of such contractual obligations, the observance of which is of particular importance for the achievement of the contractual purpose (cardinal obligations); however, the liability is limited to the foreseeable, contract-typical, direct average damage.
8.3 In the case of slightly negligent breaches of insignificant contractual obligations, FINEARTS is not liable to entrepreneurs; liability to consumers is limited to
in these cases to the foreseeable, contract-typical, direct average damage.
8.4 Any further liability is excluded regardless of the legal nature of the asserted claim; this also applies to tortious claims.
8.5 Insofar as liability is excluded or limited above, this shall also apply to the personal liability of employees, workers, staff and vicarious agents.
These exclusions of liability shall not apply in the event of the assumption of a guarantee for the quality of an item within the meaning of § 444 BGB (German Civil Code), in the event of the fraudulent concealment of a defect, in the event of damages resulting from injury to life, body or health, or in the event of liability under the Product Liability Act.
Retention of title
The goods delivered to you remain our property until full payment has been received.
For internal order control purposes, we store data that is absolutely necessary for this purpose, such as the date of your order and the time of the delivery to you. This information is provided in accordance with the provisions of § 33 para.1
Federal Data Protection Act (BDSG).
11.1 The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory
provisions of the law of the state in which the consumer has his habitual residence is withdrawn.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
11.2 The place of performance for all contractual and legal claims is, unless otherwise specified or mandatory statutory provisions conflict, the registered office of FINE ARTS Wohnkultur Gmbh; 60388 Frankfurt/Main-Germany
11.3 If the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be
contract as well as the business location of FINE ARTS. This is however also authorized to call the court at another legal area of jurisdiction.
11.4 Should individual provisions of the contract with the customer including these terms and conditions be or become invalid in whole or in part or should the agreements contain a loophole, the validity of the remaining provisions shall not be affected. In such cases, the parties undertake to replace the wholly or partially invalid provision by a valid
provision whose economic success comes closest to that of the invalid provision.
FINE ARTS Wohnkultur GmbH
60388 Frankfurt am Main
Managing Director: Amy Soehani
Local court: Frankfurt am Main HRB 38716
tax number 4523322677
Sales tax ID no.: DE166523935