General terms and conditions for the sale of artificial bronze sculptures
All exhibits purchased by the buyer are subject to our general terms and conditions below:
- 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 can be attributed neither to his commercial nor to his 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 shall apply to the entire business relationship between the customer and the FINE ARTSWohnkultur GmbH (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 shall be authoritative in each case.
1.5 Terms and conditions deviating from, conflicting with or supplementing these GTC 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 in the context of a so-called online auction, the activation of the offer page on eBay is the binding offer to conclude a purchase contract. This is directed to the customer who places the highest bid during the term of the online auction and fulfills any additional conditions specified in the offer. The offer can be cancelled during the individually determined term of the online-auction.
Auction can be accepted - this exclusively via the bidding function provided on the trading platform of eBay. The customer accepts the offer by placing a bid. The bid expires if a third party submits a higher bid during the term of the online auction.
The official eBay time is decisive for the measurement of the term of the online auction. With the end of the respective determined term of an online auction or in the case of premature termination of this, the contract is concluded with the customer placing the highest bid up to that point.
2.2 If an item is placed in the context of 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 determined in the option, irrespective of the expiry of the term and without conducting 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 listed 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 concluded as soon as the customer fulfills the conditions, if any, contained in the offer, clicks the "Buy it now" button and confirms the transaction with his eBay password.
- Right of return
Consumers are - with applicability of the regulations on distance contracts - in relation to the purchased items a right of withdrawal in accordance with the following instruction:
3.1 Right of revocation
If you have exercised your right of revocation according to the regulations on distance contracts, you are no longer bound to your order if you revoke within a period of 2 weeks after receipt of the goods. The revocation does not have to contain a reason 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 revocation in time to:
FINE ARTS Wohnkultur GmbH
60388 Frankfurt on the Main
3.2 Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the loss in value. This shall not apply if the deterioration of the goods is exclusively due to their
inspection, as it would have been possible in a retail store. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refrain from doing anything that could impair their value. Goods that can be sent by parcel are to be returned at our risk, if possible in the original packaging. We will bear the costs of returning the goods if your order does not exceed an amount of EUR 40,-, for orders over EUR 40,- you will bear the return postage/freight costs. Please frank the package sufficiently, we will refund the postage amount immediately if the value of the goods is less than € 40,-.
In accordance with § 312 d para. 4 BGB (German Civil Code), the right of return does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded, which are concluded in the form of auctions.
3.4 Return sequences
In the event of an effective return, the services received by both parties shall be returned and any benefits derived (e.g. advantages of use) shall be surrendered. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible for the consumer, for example, in a retail store.
- 4 Prices and delivery and shipping costs
4.1 The prices stated in the respective offers are without exception gross prices - i.e. they include all price components including possible 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 All prices are - unless otherwise expressly agreed - exclusive of packaging, freight, postage and insurance. For the shipment of 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.
4.4 If the customer expressly requires (transport) insurance or if such insurance is provided for on the basis of the further terms 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 the unsuccessful expiration of the deadline, the customer comes without further explanation from FINE ARTSin default of payment. During the period of default, a consumer shall pay interest on the monetary debt at the rate of 5 percentage points above the prime rate.
During default, an entrepreneur shall pay interest on the monetary debt at the rate of 8 percentage points above the prime 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 its counterclaims have been established by a final and binding decision or by FINE ARTShave been acknowledged. The customer may 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 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. Even bindingly agreed delivery periods and deadlines shall apply subject to timely delivery by our upstream suppliers. Not to represent has FINE ARTSWohnkultur GmbH also in this case delays in delivery and performance due to force majeure and due to events that occur in the manufacturing process and make it significantly more difficult or impossible for us to deliver (subsequently occurred material procurement difficulties, operational disruptions, strike, lockout, lack of personnel, lack of means of transport, official orders, etc.).
In this case FINE ARTSWohnkultur GmbH shall be entitled to postpone the delivery or service for the duration of the impediment plus a reasonable start-up period or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
If the impediment lasts longer than six months, the purchaser 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 entitled to partial deliveries and partial services at any time.
5.1 Unless otherwise expressly agreed in exceptional cases, the delivery of the articles shall generally be made against advance payment.
5.2 Partial deliveries are permissible insofar as they are reasonable for the customer.
5.3 The method of shipment shall be at Seller's option, unless expressly agreed with you as Customer.
- 6 Transfer of risk
6.1 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer upon handover to the customer or to a person authorized to receive the goods, or, in the case of sale to destination, upon delivery of the goods to a suitable transport person, carrier, freight forwarder or other person.
or the person or institution otherwise designated to deliver the shipment.
6.2 In the case of consumers, the risk of accidental loss and accidental deterioration of the sold item shall always pass to the consumer upon handover of the goods.
6.3 The handover is equal 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 repair or replacement delivery. FINE ARTSHowever, we shall be entitled to change 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.
In the case of entrepreneurs FINE ARTS for defects of the goods initially at its own discretion by rectification or replacement. The customer is not entitled to claim a
to remedy the defect itself or have it remedied by a third party (self-performance); any expenses incurred for this purpose shall not be reimbursed to the customer.
7.2 Other warranty claims
If the supplementary performance has failed, the customer may in principle choose to reduce the remuneration (reduction), cancel the contract (withdrawal), claim damages or
claim 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
In the case of new goods, the limitation period shall be two years for consumers and one year for entrepreneurs from delivery of the goods. The limitation periods associated with these time limits shall not apply insofar as FINE ARTSis liable according to § 8 of these GTC or it is a question of the right in rem of a third party, on the basis of which the
the surrender of the delivery item can be demanded.
7.4 Duty to notify defects
Entrepreneurs must report obvious defects within a period of two weeks from receipt of the goods in writing under the contact details listed above; otherwise the assertion of the warranty claim is excluded. In order to meet the deadline, it is sufficient to send off the notification in time.
Notice of defect. The Contractor shall bear the full burden of proof for all claim prerequisites, 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 damage in transit, the customer undertakes to immediately report this to FINE ARTSand to support him to the best of his ability in asserting any claims against the respective transport company or the transport insurance. The customer therefore has, among other things, the obligation to notify the transport company of any loss of or damage to the goods immediately on
delivery, insofar as this is externally recognizable; he must notify the
Packaging to be stored.
If the loss or damage is not externally recognizable, the customer must notify the transport company within 7 days after delivery as well as FINE ARTSDisplay.
7.6 Warranty conditions
The mere presentation of the goods is to be regarded as a mere description of performance, 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 depicted in the offers may naturally differ 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.
- 8 Liability
8.1 In accordance with the statutory provisions, the following shall be liable FINE ARTSfor damages resulting from an intentional or negligent breach of duty by it, its legal representatives or its employees.
representatives or its vicarious agents, as well as for other damages resulting from an intentional or grossly negligent breach of duty as well as fraudulent intent on its part, on the part of its legal representatives or vicarious agents. Furthermore
In addition liable FINE ARTSwithout limitation for damages 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 relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations); in this case, however, liability shall be limited to the foreseeable, direct average damage typical for the contract.
8.3 In the event of slightly negligent breaches of immaterial contractual obligations, the following shall be liable FINEARTSnot vis-à-vis entrepreneurs; vis-à-vis consumers, the liability shall be limited to
in these cases to the foreseeable, direct average damage typical for the contract.
8.4 Any further liability shall be excluded regardless of the legal nature of the asserted claim; this shall also apply, inter alia, to claims in tort.
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 fraudulent concealment of a defect, in the event of damage resulting from injury to life, limb or health and in the event of liability under the Product Liability Act.
- Retention of title
The goods delivered to you remain our property until full payment.
For internal order control, we store the data that is absolutely necessary for this purpose, such as the date of your order and the time of dispatch of the delivery to you. This notice is made in accordance with the provisions of § 33 Abs.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 is not limited by mandatory provisions of law.
provisions of the law of the country 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 shall be the registered office of FINE ARTS Wohnkultur Gmbh; 60388 Frankfurt/Main-Germany, unless otherwise stipulated or mandatory statutory provisions conflict therewith.
11.3 If the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is
Contract as well as the registered office of FINE ARTS. However, the latter shall also be entitled to apply to the court at another statutory place of jurisdiction.
11.4 If individual provisions of the contract with the Customer, including these GTC, are or become invalid in whole or in part, or if 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 provision.
The invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
FINE ARTS Home decor GmbH
60388 Frankfurt on the Main
Managing Director: Goetz Albert KAHL
Local court: Frankfurt am Main HRB 38716
Tax number 4523322677
VAT ID No.: DE166523935