General Terms and Conditions for the Sale of Artistic 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 within the meaning 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 their commercial or independent professional activity.
1.2 An entrepreneur within the meaning 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 the FINE ARTSWohnkultur GmbH (short: FINE ARTS)
They shall also apply to all future business relationships with entrepreneurs, even if they are not expressly agreed again. The version valid at the time the contract is concluded shall apply.
1.5 Terms and conditions that deviate from, contradict or supplement these General Terms and Conditions shall not become part of the contract - even if known - unless their validity is expressly agreed to in writing.
- 2 Conclusion of contract on eBay and Amazon
2.1 If an item is placed as part of a so-called online auction, the activation of the offer page on eBay constitutes a binding offer to conclude a purchase contract. This is addressed to the customer who places the highest bid during the term of the online auction and fulfils any additional conditions specified in the offer. The offer can be cancelled during the individually determined term of the online auction.
Auction can only be accepted via the bidding function provided on the eBay trading platform. The customer accepts the offer by placing a bid. The bid lapses if a third party places a higher bid during the term of the online auction.
The official eBay time is decisive for measuring the duration of the online auction. At the end of the respective specified term of an online auction or in the event of its premature termination, the contract is concluded with the customer who has placed the highest bid up to that point.
materialised.
2.2 If an item is placed as part of a so-called online auction and is also provided with the “Buy it now” function, the contract with the customer is already concluded at the fixed price specified in the option if the customer exercises this option, irrespective of the expiry of the term and without conducting an online auction. The option to conclude a contract at a fixed price can be exercised as long as no bid has been placed on the item.
2.3 If an item is listed exclusively under the fixed price format, the activation of the offer page on eBay constitutes a 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 on the “Buy Now” button and confirms the process with his eBay password.
- Right of return
Consumers are entitled to a right of cancellation with regard to the purchased items in accordance with the following instructions, subject to the applicability of the provisions on distance selling contracts:
3.1 Right of cancellation
If you have exercised your right of cancellation in accordance with the regulations on distance selling contracts, you are no longer bound by your order if you cancel within a period of 2 weeks after receipt of the goods. The cancellation does not have to include a reason and can be made in writing (e-mail is sufficient) or by returning the goods. Timely despatch to is sufficient to meet the deadline:
FINE ARTS Wohnkultur GmbH
Gwinnerstrasse 40-42
60388 Frankfurt am Main
Germany
Phone: ++49-(0)69-94219631
Fax: ++49-(0)69-94219633
Mail: info@finearts-exclusive.com
3.2 Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply if the deterioration of the goods is exclusively due to their
examination, as you would have been able to do in a shop, for example. In addition, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from doing anything that could impair its value. Items that can be sent by parcel post must be returned at our risk, if possible in their original packaging. We will bear the cost of returning the goods if your order does not exceed EUR 40.00; for orders over EUR 40.00, you will bear the return postage/freight costs. Please stamp the parcel with sufficient postage and we will refund the postage immediately if the value of the goods is less than € 40.
3.3 Exclusion
In accordance with Section 312 d (4) BGB, the right of return does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly customised to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry 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) surrendered. If the goods have deteriorated, compensation may be demanded. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible for the consumer in a shop, for example.
- 4 Prices and delivery and shipping costs
4.1 The prices stated in the respective offers are gross prices without exception, i.e. they include all price components including any applicable taxes.
4.2. FINE ARTS reserves the right to exclude individual payment methods. The details of the accepted payment methods on the respective eBay website are decisive.
4.3 Unless expressly agreed otherwise, all prices are exclusive of packaging, freight, postage and insurance. The dispatch of goods both domestically and abroad therefore incurs additional delivery and shipping costs, the amount of which depends on the information provided in connection with the specific offer.
directed.
4.4 If the customer expressly requests (transport) insurance or if such insurance is provided for in the other terms and conditions of the contract, then FINE ARTS shall be entitled to invoice the customer separately for the additional costs incurred as a result.
4.5 The customer undertakes to pay all amounts without deduction no later than 14 days after receipt of the request for payment; the date of receipt of the amount by the seller shall be decisive. After unsuccessful expiry of the deadline, the customer shall be deemed to have cancelled the contract without further FINE ARTSin default of payment. During the period of default, a consumer must pay interest on the debt at a rate of 5 percentage points above the base rate.
During the period of default, an entrepreneur must pay interest on the debt at a rate of 8 percentage points above the base interest rate; FINE ARTSreserves the right, however, to prove and claim higher default interest damages.
4.6 The customer shall only have a right of set-off if his counterclaims have been recognised by declaratory judgement or by FINE ARTShave been recognised. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
4.7 The customer assures that he has entered the correct and complete delivery address on eBay and, if direct debit has been agreed, that he has provided the correct account details. If additional costs are incurred due to incorrect data - such as additional shipping costs or costs for return debit notes - the customer must reimburse these.
- 5 Delivery and performance period and shipping conditions
The from FINE ARTSWohnkultur GmbH are non-binding, unless expressly agreed otherwise in writing. Bindingly agreed delivery periods and deadlines are also subject to timely delivery by our suppliers. We are not responsible for FINE ARTSWohnkultur GmbH shall also be liable in this case for delays in delivery and performance due to force majeure and due to events that occur during manufacture and make delivery significantly more difficult or impossible for us (subsequent difficulties in procuring materials, operational disruptions, strikes, lockouts, staff shortages, 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, after setting a reasonable deadline, to withdraw from the contract with regard to the part not yet fulfilled. Claims, in particular claims for damages of any kind, are excluded.
FINE ARTSWohnkultur GmbH is authorised to make partial deliveries and render partial services at any time.
5.1 Unless otherwise expressly agreed in exceptional cases, delivery of the items shall be made against advance payment.
5.2 Partial deliveries are permissible insofar as they are reasonable for the customer.
5.3 Unless expressly agreed with you as the customer, the method of despatch shall be at the seller's discretion.
- 6 Transfer of risk
6.1 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer upon handover to the customer or a person authorised to receive the goods, in the case of sale by dispatch upon delivery of the goods to a suitable carrier, forwarding agent, freight forwarder or carrier.
or the person or organisation otherwise responsible for delivering the consignment.
6.2 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall always pass to the consumer upon delivery of the goods.
6.3 If the customer is in default of acceptance, this shall be deemed equivalent to handover.
- Guarantee
7.1 Subsequent fulfilment by the seller
Consumers have the choice of whether subsequent fulfilment is to take the form of repair or replacement. FINE ARTSis, however, entitled to change the type of subsequent fulfilment chosen.
if it is only possible with disproportionate costs and the other type of subsequent fulfilment is without significant disadvantages for the consumer.
In the case of entrepreneurs FINE ARTS shall initially warrant for defects in the goods at its own discretion by repair or replacement. The customer is not entitled to
to remedy the defect itself or have it remedied by a third party (self-remedy); any expenses incurred for this shall not be reimbursed to the customer.
7.2 Other warranty claims
If the subsequent fulfilment has failed, the customer may, at his discretion and in accordance with the statutory provisions, reduce the remuneration (reduction), cancel the contract (withdrawal), claim damages or
demand compensation for futile expenses. If the customer chooses compensation for damages or claims futile expenses, the limitations of liability according to § 9 of these GTC shall apply.
7.3 Warranty periods
For new goods, the limitation period for consumers is two years and for entrepreneurs one year from delivery of the goods. These periods of limitation shall not apply if FINE ARTSliable in accordance with § 8 of these GTC or it concerns the right in rem of a third party on the basis of which the
surrender of the delivery item can be demanded.
7.4 Obligation 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 the warranty claim is excluded. The timely despatch of the notification shall suffice to meet the deadline.
Notification of defects. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
7.5 Notification of any transport damage
In the event of transport damage, the customer undertakes to report this immediately to FINE ARTSand to support the latter to the best of his ability in asserting any claims against the respective transport company or the transport insurance company. The customer is therefore obliged, among other things, to notify the transport company of any loss of or damage to the goods immediately upon receipt.
delivery, insofar as this is externally recognisable; he must notify the
packaging.
If the loss or damage is not externally recognisable, the customer must report this to the transport company within 7 days of delivery as well as to the carrier. FINE ARTSdisplay.
7.6 Guarantee conditions
The mere presentation of the goods is to be regarded as a mere description of performance and in no way 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 may naturally differ from the appearance of the delivered goods. A deviation of the goods illustrated in the offers from the appearance of the delivered goods does not constitute a material defect.
- 8 Liability
8.1 In accordance with the statutory provisions FINE ARTSwithout limitation for damages resulting from an intentional or negligent breach of duty by it, its legal representatives or its authorised representatives.
representatives or their vicarious agents, as well as for other damages resulting from an intentional or grossly negligent breach of duty or fraudulent intent on the part of him, his legal representatives or vicarious agents. In addition
beyond that FINE ARTSwithout limitation for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act.
8.2 For damages caused by simple negligence, the following shall be liable FINE ARTSinsofar as the negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations); however, liability is limited to the foreseeable, contract-typical, direct average damage.
8.3 In the event of slightly negligent breaches of insignificant contractual obligations FINEARTStowards entrepreneurs; towards consumers, liability is limited to the amount of
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 claim asserted; 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 case of the assumption of a guarantee for the quality of an item within the meaning of § 444 BGB, in the case of fraudulent concealment of a defect, in the case of damages resulting from injury to life, limb or health and in the case of liability under the Product Liability Act.
- Retention of title
The goods delivered to you remain our property until full payment has been made.
- Data protection
For internal order control, we store the data required for this, such as the date of your order and the time of dispatch of the delivery to you. This information is provided in accordance with the provisions of § 33 para. 1
Federal Data Protection Act (BDSG).
- Final provisions
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 shall only apply insofar as the protection granted by mandatory
provisions of the law of the country in which the consumer has his habitual residence.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11.2 The place of fulfilment for all contractual and statutory claims shall be the registered office of FINE ARTS Wohnkultur Gmbh; 60388 Frankfurt/Main-Germany, unless otherwise agreed or mandatory statutory provisions to the contrary apply.
11.3 If the customer does not have a general place of jurisdiction in Germany or if the domicile or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of jurisdiction.
Contract also the registered office of FINE ARTS. However, the latter is also authorised to appeal to the court at another legal place of jurisdiction.
11.4 Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions. In such cases, the parties undertake to replace the wholly or partially invalid provision with a valid one.
The invalid provision shall be replaced by a provision whose economic effect comes closest to that of the invalid provision.
- Imprint
FINE ARTS Wohnkultur GmbH
Gwinnerstrasse 40-42
60388 Frankfurt am Main
Phone: +49-(0)69-94219631
Fax: +49-(0)69-94219633
E-Mail:info@finearts-exclusive.com
Managing Director: Goetz Albert KAHL
Local court: Frankfurt am Main HRB 38716
Tax number 4523322677
VAT ID No.: DE166523935