General Terms and Conditions
1. General Provisions
1.1 VogelART GmbH, Lamontstrasse 19, 81679 Munich, Germany operates an online sales platform for works of art at http://www.vogelartedition.com. As the provider and owner of the platform, VogelART GmbH is also the contracting partner of such legal entities and individuals that want to buy articles at such platform. VogelART GmbH will sell the works of art as commission agent in its own name and for the account of the offering gallery. Any items owned by VogelART GmbH are specifically marked.
1.2 Any and all contractual relationships between VogelART GmbH and its customers are exclusively subject to these general terms and conditions of VogelART GmbH. Any diverging terms and conditions of the customers or the respective galleries shall not be applicable, unless VogelART GmbH has explicitly and in writing agreed to the applicability of such diverging terms and conditions of the customer.
1.3 The Costumer is a consumer, as long as the purpose of the ordered services are not related to Customer’s commercial activity or to Customer’s activity as an independent entity. Any person, corporate body or non-incorporated firm is a business if acting in pursuance of a commercial or independent field of activity when ordering services.
2. Conclusion of the Contract
2.1 The works of art (art prints, digital prints, posters, photographs, limited objets d'art) listed by VogelART GmbH in the internet or in any other media shall not be deemed to be an offer for sale but only an invitation to customers to submit a purchaser order (so-called "invitatio ad offerendum"). The purchase orders may be submitted online by means of the order forms provided by VogelART GmbH. The customer can correct input errors through keyboard and mouse actions in the input fields, up to the time the customer clicks on the final confirmation button before the purchase.
2.2 VogelART GmbH may accept the customer’s proposal for the conclusion of the contract e.g. by sending a binding declaration of acceptance or by delivering the chosen product. Up to this point VogelART GmbH may refuse the acceptance without providing any information on the reasons. VogelART GmbH will also acknowledge the receipt of the proposal by electronic means without any delay. This acknowledgment still does not represent a binding acceptance of the proposal.
2.3 The customer is obliged to truly and completely fill in the order form (name, address, etc.). The customer shall solely be responsible and liable for any damage resulting from false statements.
2.4 The text of the contract will not be saved separately by VogelART GmbH. The order data will be disclosed in the confirmation sent to the customer by e-mail. The General Terms and Conditions as applicable from time to time may be retrieved and downloaded at http://www.vogelARTedition.com.
2.5 Any purchase order from a customer will only be accepted at the prices and terms applicable at this point in time. All prices include legal VAT (currently 7% or 19% in Germany) and are net of any shipping charges.
2.6 VogelART GmbH does not give any warranty that the articles offered on the website are available at all times. In the event one or several articles are not available, VogelART GmbH will notify its customers thereof as soon as possible. If a customer has already made payment for the articles, VogelART GmbH will pay back the respective amount without undue delay.
3. Right of Withdrawal for Consumers
Please note the information on the legal right of withdrawal for consumers below.
4. Payment, Shipping methods and Delivery
4.1 For the payment of articles, customers may only use the payment methods available and specified at the time of purchase. For more information on our accepted payment methods, please see our “General Information on Shipping”.
4.2 The customer may offset payments to VogelART GmbH only with undisputed claims or claims recognized by declaratory judgment or claims that are ready for adjudication. For exercising a right of retention the customer shall have this right only to the extent that the customers’ counterclaim is based on the same contractual relationship.
4.3 For information about the shipping and delivery times, please see our „General Information on Shipping“.
5 Retention of Title
5.1 Until payment in full, VogelART GmbH or in case of a commission sale, the offering gallery, retains title to the articles.
5.2 If the customer sells articles of VogelART GmbH or the offering gallery which are subject to a retention of title, the retention of title has to be transferred accordingly. Should the customer sell the work of art before he/she has settled all amounts payable to VogelART GmbH, the customer hereby assigns all claims arising from such re-sale to VogelART GmbH or the offering gallery, which accepts the assignment.
5.3 In the event that third parties take hold of articles of VogelART GmbH or the offering gallery which are subject to a retention of title, the customer has to notify VogelART GmbH thereof without undue delay.
5.4 Any transfer of articles which are subject to a retention of title by way of pledge, security or otherwise shall only be permissible after the prior written approval of VogelART GmbH.
The articles sold by VogelART GmbH are protected by copyright worldwide and in perpetuity. The customer shall not be entitled to produce or reproduce the articles of VogelART GmbH by himself/herself or by a third party.
7.1 Unless stated otherwise in the following, for purchases via the website the applicable statutory provisions regarding defects of the articles shall apply.
7.2 However, VogelART GmbH does not accept any liability for minor deviations of the delivered article, as far as such deviations are reasonable for the customer. In case of works of art (paintings, art prints, digital prints, post cards, posters, photographs, limited objets d'art) as well as other printed products, minor deviations from the samples as regards colours, format and quality of the paper, canvass or surface cannot fully be avoided for manufacturing and typographic reasons. Such deviations do not justify a notice of defects.
7.3 The materials used for the products sold by VogelART GmbH are in line with industry standards.
8.1 VogelART GmbH is liable in the event of damages for/to the customer (a) resulting from injury to life, body or health which are attributable to violation of obligations by VogelART or one of its legal representatives or vicarious agents, (b) according to the Product Liability Act or due to intentional deception, (c) if VogelART GmbH or its legal representatives or vicarious agents have caused the damage intentionally or through gross negligence and/or (d) if the damages have occurred due to violation of an obligation by VogelART GmbH, whose fulfillment facilitates orderly implementation of the contract and the customer regularly trusts implementation of the same (Kardinalpflicht).
8.2 VogelART GmbH has unrestricted liability in cases of Paragraph 1, letters (a), (b) and/or (c). Apart from that, the damage is limited to foreseeable damage typical to the contract.
8.3 In all other cases other than the ones mentioned in Paragraph 1, the liability of VogelART GmbH is excluded regardless of legal reason.
8.4 The liability regulations in the previous paragraphs are also applicable for a personal liability of institutions, employees and vicarious agents of VogelART GmbH.
9. Data Protection
10. Place of Performance, Place of Jurisdiction, Miscellaneous
10.1 If the customer is a merchant within the meaning of the German Commercial Code (HGB), the place of performance and place of jurisdiction shall be Munich, Germany. This shall also apply if the customer is not a merchant registered with the commercial register (Handelsregister) as merchant and not subject to the jurisdiction of Germany.
10.2 The laws of the Federal Republic of Germany shall apply without giving effect to the UN Sales Convention. In case the customer is a consumer, who does not conclude the contract for professional or commercial purposes, this choice of law shall only be applicable insofar the afforded protection is not deprived by obligatory provisions of the law of the state in which the consumer has his or her habitual place of residence.
10.3 In the event any provision of these General Terms and Conditions is held to be or becomes invalid or unenforceable, the validity of the remaining provisions hereof shall not be affected thereby.
Right of withdrawal for consumers
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (VogelART GmbH, Lamontstraße 19, 81679 Munich/Germany, Tel.: +49 (0)89 30644988 / E-Mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days form the day on which you communicate your withdrawal from this contract to us, The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other thang what is necessary to establish the nature, characteristics and functioning of the goods.
End of notice of revocation
According to § 312 g (2) Nr. 1 BGB, the right of withdrawal shall not exist for contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer.
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
— To VogelART GmbH, Lamontstraße 19, 81679 Munich/Germany, firstname.lastname@example.org:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.