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Status: 2009.12.01
1. Contract
Your order constitutes an offer to us to conclude a contract dar.
When you place an order with absolutplus gallery, we will send you an e-mail confirming receipt of your order and its details (order confirmation).
The order confirmation does not represent an acceptance of their offer, but simply to inform you that your order is received.
A purchase contract comes into existence when we send the ordered work to them. Besides works from the same order that are not included in the shipping documents, will not purchase their concentration.
Please note that we only original works or works in very small editions sell.
2. Price and payment terms
2.1 Our prices are net excluding VAT scheme for small businesses within the meaning of § 19 USTG zuzgl shipping.
2.2 It shall be the costs that are included in the package.
2.3 Our invoices are due immediately payable net without deduction. Payment shall only be deemed to have absolutplus gallery where the amount can. In case of payment we are entitled to charge interest at the rate of 5% above the base rate of the ECB after discount Reconciliation Act.
2.4 to withhold payment to the buyer only to the extent its counterclaim is based on the same contract and this has been legally established or recognized by us.
3. Delivery Time
3.1 The agreed delivery period begins with the uncontradicted or confirmed order.
3.2 Delivery delays caused by legal or administrative orders (eg, caused import - and export restrictions) and are not represented by us to extend the delivery period according to the duration of such obstacles. The beginning and end, we will communicate in important cases immediately to the buyer.
3.3 If we are in delay in delivery, it is our obligation to pay damages in case of slight negligence is limited to the foreseeable damage. Further claims for damages exist only if the delay is based on intent or gross negligence.
4. Delivery, shipping, transfer of risk
4.1 Partial deliveries by us are permitted unless it is reasonable for the buyer.
4.2 The Dispatch, the dispatch and with the shipping company, we can determine at our discretion, if the buyer is no explicit instructions.
4.3 The risk shall pass to the buyer when the shipment will be sent with the delivery of goods carrier to the buyer. The buyer has both obvious and prompt notice of any observed damage in transit to the shipper or carrier and to communicate this then also absolutplus gallery to make claims to be.
5. Of withdrawal in distance contracts
5.1 The consumer i.S.d. § 13 BGB are entitled to a right of withdrawal in distance contracts. Under the Distance Selling Act, he shall, within two weeks of receiving the goods the ability to revoke the contract without notice. Revocation can be made in writing or by returning the goods, to meet the deadline, sufficient to send to: absolutplus gallery, Kollwitzstr. 44, D-10405 Berlin.
5.2 Withdrawal From are excluded: Special and custom-made (from Farbvorschlag different frames) and pure prints (unframed and not laminated), because their delicate texture is not suitable for return.
5.3 In exercising the right of withdrawal of consumers pay up to an order of 100, - euros, the return cost.
5.4 A right is not always at: objects which have been altered by the consumer. Please note the following procedure for the settlement, we may, for the rescission of a contract the goods only in the original packaging back / framing. Please indicate "WR" with as large letters on the package. Please attach a copy of the invoice. Please do not send the goods or unfree) with special dispatch forms (Express, COD, to avoid unnecessary costs. Please attach the proof of the return costs, or send it to stating your customer via e-mail to office@absolutplus.de. The refund of the purchase price and possibly the cost of returning the amount of the package cost of the Deutsche Post AG (in so far, the purchase price is over 100 €), by check or wire transfer.
6. Grace withdrawal / non-acceptance
6.1 Upon expiry of the two-week withdrawal period, or to buyers, not consumers, as defined by § 13 BGB are not a product withdrawal possible.
6.2 Where a buyer who is not a consumer as defined by § 13 BGB, which sold the product from, then we are entitled either to insist on acceptance or to require 10% of the purchase price as a flat rate for damages and compensation for expenses, unless the buyer proves that the damage or not lower level has emerged. In the case of an unusually high damage, we reserve the right to assert this. For the duration of the delay in acceptance of the buyer is entitled absolutplus gallery to store the items delivered to the buyers risk to himself, in a carrier or a warehouseman. During the time delay of acceptance by the buyer to absolutplus gallery for the storage costs incurred without further proof per month flat rate of 15, - Euro to be paid. The overall remuneration decreases in the extent to which the customer can prove that damage or expenses not incurred. In the case of unusually high storage costs, we reserve the right to avail itself of them.
7. Retention of title
7.1 We retain title to the goods until full payment of all claims from the contract, including additional claims (eg, before switching costs, interest, etc.). In breach of contract by the buyer, we are entitled to reclaim the goods. In the back or the seizure of the subject matter does not imply withdrawal from the contract.
8. Warranty / Disclaimer
8.1 No guarantee for defects and damage which result from inappropriate or improper use or improper or negligent treatment.
8.2 Obvious defects are immediately reported in writing no later than ten business days after receipt of delivery, otherwise all warranty claims are excluded for this purpose. In commercial traffic in addition to § § 377, 378 HGB.
8.3 If a defect occurs, the item purchased within six months after the delivery date, the consumer) after his election to Geltungmachung a right to remove any defects or new delivery right (subsequent performance. Is linked to the selected type of remedy with disproportionately high costs, limited the claim to each remaining type of remedy. Further rights, especially the cancellation of the sale agreement may be invoked only after a reasonable period for rectification, or the double failure of subsequent performance.
8.4 However, where the purchaser is an entrepreneur, we are within one year after the delivery date at our discretion, be entitled to remedy the defect or replace defective goods within the meaning of § 439 BGB. After one year from date of delivery limited warranty on its current value or remedial credit at our discretion.
8.5 Through an exchange within the warranty / guarantee of any new Gewährleistungs-/Garantiefristen enter into force; § 203 shall remain unaffected.
8.6 Unless expressly agreed otherwise, further claims of the buyer - - are excluded from the legal grounds. We are therefore not liable for damages that are not directly caused to the object, in particular, we are not liable for lost profits or other financial damages of the buyer. The foregoing exemption from liability shall not apply if the damage is based on intent, gross negligence or lack of a guaranteed property, violation of contractual obligations, performance, default, impossibility, as well as claims under § § 1 and 4 of the Product Liability Act.
9. No granting of rights, exhibitions
With the purchase of a work to acquire only the collateral property in it. It will be left with any other rights of use. Any reproduction (copying), distribution, rental, public access, or other analog or digital recovery are not allowed. You can resell the work, however. The public exhibition of art works acquired in a particular case require the consent of the artist.
10. Use of customer data. We are entitled to all the data concerning business relationships with buyers, processing according to the federal data protection law.
11. Export authorization
11.1 Possibly for the export of goods delivered consents required by the Federal Office of Industrial Economics in Eschborn, Germany, buyers are on their own behalf and at their own expense. The refusal of such an export license does not entitle the buyer to rescind the contract.
12. Jurisdiction, Partial Invalidity, Applicable Law
12.1 In dealings with businessmen and legal persons of public law, it is agreed that jurisdiction for all disputes arising under the contract, including bills and checks, Berlin, we are also entitled to sue at the residence of the buyer.
12.2 Should any provisions of the Supply Contract or these Terms of the remaining provisions shall remain effective. In cross-border traffic is supplied by German law.
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