In your shopping cart: 0 Article, 0,00 EUR
Terms & Conditions
1. Scope
2. Conclusion of contract
3. Place of performance; delivery
4. Delivery period
5. Transfer of risk
6. Services description
7. Right of return
8. Payment; prices
9. Delay; dunning costs
10. Retention of title
11. Charging; right of retention
12. Warranty guarantee, appropriate handling
13. Liability
14. Copyright; intellectual property rights
15. Data protection
16. Content of website
17. Legal venue; choice of right
18. Severability clause, requirements for written form
General Terms & Conditions
§ 1 Scope
The following general terms and conditions are authoritative for business relations between Art 2live4 Gallery and the purchaser. Divergent general terms and conditions of one of our contractual partners are not accepted unless Art 2live4 Gallery has agreed to the validity explicitly in written form.
§ 2 Conclusion of contract
All goods and services offered by Art 2live4 Gallery either via Internet, at POS (points of sale) or any other way are an open invitation to place an order. Only the precise order transaction executed by the purchaser represents an offer for a conclusion of contract. The contract only comes into effect through Art 2live4 Gallery´s explicit acceptance, either in written form (email or letter) or fax. This written document includes a confirmation of all relevant contract details.
Irrespective of the above mentioned procedure Art 2live4 Gallery can send an informal document (e.g. via email or fax) to acknowledge the receipt of the order. This document does not represent the acceptance of contract.
§ 3 Place of performance; delivery
Place of performance is Darmstadt. Ordered goods will be forwarded to the stated shipping address on demand of the purchaser. If so, Art 2live4 Gallery will hand over the wrapped up goods to a duly selected forwarding agent, carrier or any other type of delivery service. The purchaser is obliged to pay the costs for packing and shipping. These specific costs must be shown separately on the invoice. Additional delivery insurance can be concluded by Art 2live4 Gallery if explicitly requested by the purchaser. The costs for this insurance are to be paid by the purchaser.
§ 4 Delivery period
In general the delivery of goods can take up to four weeks after acceptance of contract and receipt of payment within Germany and the European Union (EU). Outside the EU, the delivery period can take up to six weeks. All information relevant to the period of delivery is not binding, unless Art 2live4 Gallery has guaranteed explicitly in written form a specific time of delivery. If the ordered goods cannot be delivered in the above mentioned standard time the purchaser is to be informed by Art 2live4 Gallery.
§ 5 Transfer of risk
In the case of shipping of ordered goods by Art 2live4 Gallery, the transfer of risk takes place as soon as Art 2live4 Gallery duly hands over the goods to a carrier.
§ 6 Services description
The services, which Art 2live4 Gallery offers, include only the selling, leasing and assignment of life style products. In addition, Art 2live4 Gallery consults, where required, clients in the field of practical application, general use and design of the above-named products. Neither the transport nor the installations of the afore-mentioned products or other comparable services are a part of the contractual agreement. This does not preclude that Art 2live4 Gallery delivers on demand the goods to a specific address on behalf of the purchaser.
§ 7 Right of return
Art 2live4 Gallery grants all purchasers that are consumers in the meaning of § 13 BGB, in case of distant selling the unrestricted right to return goods within one month after receipt without any need to give reasons. This will be pointed out to the purchaser in the course of shipping of the ordered goods. According to § 312 d IV No. 1 BGB, there exists no right of return of goods which have been produced to the special requirements of the purchaser (e.g. custom-made products of personal images) or which are clearly tailored to the personal wishes of the purchaser (e.g. images in a special size or on special material)
The one-month period is kept if either a request to return goods or the goods themselves are returned in time. Either has to be sent to the following business address:
Art 2live4 Gallery
Behringstr.5
63303 Dreieich
Germany
The purchaser has to pay the shipping costs and bear the risk of shipping back should he not be a consumer. Art 2live4 Gallery pays the costs for shipping back if the consumer has ordered goods worth more than 40 €. Should the value of the ordered goods be less, the consumer has to pay for the shipping back. This does not apply to sent goods which do not coincide with the ordered goods.
The goods must be (re)packed correctly and sent back in the original wrapping. Art 2live4 Gallery reserves the right to claim for overall compensation amounting to the purchase price should the returned goods be damaged due to inappropriate handling or insufficient wrapping. The purchaser has the right to provide evidence that there is only a limited damage or no damage at all at any time.
The purchaser has to pay damages - either completely or partially - for goods received, which he returns in bad order, incompletely or not at all. This does not become effective should the deterioration or loss of the goods result through examination of them, comparable with the examination in a retail shop. Furthermore, the purchaser can avoid payment for damages by avoiding to take the goods in use like an owner and to impair the value of the goods in any way. The top quality products offered by Art 2live4 Gallery need to be handled with care (e.g. when hanging up the pictures) to avoid damage, such as scratches, bends, dents, cracks or comparable damages, which automatically lead to the total loss in value of the goods.
§ 8 Payment; prices
The purchaser can either pay with credit card or through bank transfer or debit advice procedure prior to the delivery. In the case of a funding gap on the purchaser´s account or an unjustified appeal in coherence with the debit advice procedure, Art 2live4 Gallery has the right to charge the purchaser a service charge amounting to 10 €. Business clients can pay per invoice in individual cases if arranged with Art 2live4 Gallery. Payments can only be made in Euro (€).
All prices are final, VAT is included. Costs for packing, shipping and insurance are listed separately. The prices at the time of the purchaser´s order are applicable for the prices to be paid by the purchaser.
§ 9 Delay; dunning costs
Art 2live4 Gallery can charge the purchaser a service charge amounting to 10 € for each reminder should he not pay in time. This does not affect the case of a first default constituting reminder. Art 2live4 Gallery is at liberty to claim a higher damage.
§ 10 Retention of title
Art 2live4 Gallery remains the owner of the delivered goods until they have been completely paid for. In the case of retail of the retained goods the purchaser automatically conveys the claims in advance which result from the resale to Art 2live4 Gallery for reasons of assurance of claims.
§ 11 Charging; right of retention
The purchaser can only ask for charging if his counterclaims have been declared legally binding valid or have been accepted by Art 2live4 Gallery. The purchaser is only allowed to make use of the execution of the right of retention as long as his counterclaim is based upon the same legal relationship.
§ 12 Warranty guarantee, appropriate handling
Art 2live4 Gallery sells products which are highly sensitive to environmental influences. In particular photography can alter in colour and brilliance and begin gradual fading. Art 2live4 Gallery cannot guarantee for changes which occur due to environmental influences.
The general legal period of warranty is two years as from the date of the delivery of the goods. Within this period of time deficits will be resolved, where it is possible, through remedy or replacement as long as they are subject to the warranty deed. Damages which are the result of natural wear, inappropriate handling and insufficient or wrong care do not fall into this category and are excluded from warranty. Minor changes in colour between the delivered goods and the presentation of the corresponding images on the Internet, as well as other marketing tools, can technically occur and do not count as deficit or fault.
All photography and pictures, including frames that Art 2live4 Gallery sells, are sensitive to strong light and moisture. Therefore they should not be placed in direct sunshine or close to heating-systems. They are also not suitable for rooms and venues with high humidity. The articles sold by Art 2live4 Gallery can easily be damaged in cellars, kitchens, bathrooms and outdoors. It must also be pointed out that coated pictures and frames can easily be scratched, knocked or soiled. For this reason they should only be handled with gloves or similar protection.
§ 13 Liability
With business clients Art 2live4 Gallery is only liable for claims if Art 2live4 Gallery´s legal agents, executive employees or any other executive assistants (auxiliary persons) have acted with intention or gross negligence, except for the case of breach of fundamental contractual obligations. In the case of breach of fundamental contractual obligations Art 2live4 Gallery is liable for each negligence of its legal agents, executive employees or any other auxiliary persons.
With consumers Art 2live4 Gallery is only liable for damages in the case of intention and gross negligence. In the case of breach of fundamental contractual obligations, default or if Art 2live4 Gallery is responsible for the impossibility of the service, Art 2live4 Gallery is liable for each negligence of its members of staff and other assistants.
Except for the case of intention or gross negligence of Art 2live4 Gallery´s legal agents, executive employees or other assistants the liability is limited to the typical predictable amount of damage fixed per contract.
A liability for compensation of indirect damage, especially for loss of profit, only comes into force in the case of intention or gross negligence of Art 2live4 Gallery´s legal agents, executive employees or any other assistants.
The aforementioned non-liabilities and limitations of liability towards business clients or consumers do not come into force in the case of explicit warranties declared by Art 2live4 Gallery and for damage which result from infringement of life, body or health as well as obligatory legal regulations.
§ 14 Copyright; intellectual property rights
By selling goods to the purchaser Art 2live4 Gallery does not grant him any copyrighted right of use. Copies, public exhibitions, leasing or any other sort of usage or distribution require the explicit permission of the artist. This does not have any effect on the simple way of resale.
§ 15 Data protection
A contractual relationship without data protection is not possible. It ensures an easy, fast and amiable business relationship. Art 2live4 Gallery uses the personal details of its clients and purchasers for reasons of recording and handling of orders, delivery of goods, service delivery and the handling of payments. Art 2live4 Gallery does not use these data for any other reasons, nor does Art 2live4 Gallery give the data to third persons.
In addition and with the acquiescence of the purchaser, the personal data may be used for information on products, marketing action, further services and recommendations (e.g. via email newsletter). The purchaser can cancel this type of information at any time and without any reason.
§ 16 Content of website
Art 2live4 Gallery does not assume any liabilities for incorrect data, text, prices, presentation or pictures on its Website.
§ 17 Legal venue; choice of right
Darmstadt is the legal venue for all disputes in terms of § 38 ZPO as far as legally permitted. The law of the Federal Republic of Germany is authoritative excluding the UN right of purchase.
§ 18 Severability clause, requirements for written
If one of the afore-mentioned provisions of these general terms and conditions should be ineffective, the remaining provisions shall not be affected. The not effective provision is said to be replaced by one that resembles the meaning and purpose of the ineffective provision in a legally effective and economical way. The same applies for possible gaps in the stipulations. In the case of doubt the German version of the general terms & conditions (AGB) is authoritative.
The only way to diverge from these general terms and conditions is in written form. The same applies to this clause.