GENERAL TERMS AND CONDITIONS OF BUSINESS

§ 1 Scope and Provider

(1) These General Terms and Conditions apply to all orders you place at the online shop of artcadia-gallery.com managed by our Managing Director, Nadine Wolff.

Service Hotline/Phone: +49 (30) 2404 82 96
E-mail: info@artcadia-gallery.com

(2) The range of products offered in our online shop is exclusively directed at buyers who have reached the age of 18.

(3) Our deliveries, services, and offers are provided solely on the basis of these General Terms and Conditions. These Terms and Conditions shall also apply to all future business relationships with companies, even if they are not expressly agreed upon again. We hereby expressly reject the inclusion of any of the customer’s general terms and conditions that contradict our own.

(4) The language of the contract is exclusively German.

(5) You can access and print the currently valid General Terms and Conditions on the website "artcadia-gallery.com".

§ 2 Conclusion of Contract

(1) The product presentation in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order products in the online shop.

(2) By clicking the button “Order Now – Payment Due,” you submit a binding offer to purchase (§ 145 BGB).

(3) Upon receipt of your purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (order receipt confirmation). This confirmation does not yet constitute acceptance of your purchase offer. No contract is concluded merely by the order receipt confirmation.

(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer or when we dispatch the goods to you without a prior express declaration of acceptance.

§ 3 Prices

The prices listed on the product pages include the statutory value-added tax and other price components and are understood to be exclusive of the respective shipping costs.

§ 4 Payment Terms; Default

(1) Payment can be made by your choice: invoice with advance payment, PayPal.

(2) If you select the advance payment option, we will provide our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receiving the order confirmation.

(3) For credit card payments, the purchase price is reserved on your credit card at the time of order ("authorization"). The actual charge to your credit card account takes place when we dispatch the goods to you.

(4) For payments by direct debit, you may be liable for any costs incurred due to a chargeback resulting from insufficient funds or incorrect bank account details provided by you.

(5) If you default on a payment, you shall be liable for statutory default interest at a rate of 5 percentage points above the base interest rate. For each reminder sent after the default has occurred, a reminder fee of EUR 2.50 will be charged to you, unless in an individual case a lower or higher damage is proven.

§ 5 Set-Off/Right of Retention

(1) You are only entitled to set-off if your counterclaim has been legally established, is not disputed by us or has been acknowledged, or if it stands in a closely reciprocal relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of Title

(1) Unless otherwise agreed, the delivery of the goods is made from our warehouse to the address provided by you.

(2) The goods remain our property until the full payment of the purchase price.

(3) If you are a business operator within the meaning of § 14 BGB, the following shall apply in addition:

• We reserve the right of ownership over the goods until all claims from the ongoing business relationship are fully settled. Before the transfer of ownership of the reserved goods, any pledge or transfer of title as security is not permitted.

• You may resell the goods in the ordinary course of business. In such a case, you assign to us all claims amounting to the invoice price that arise from the resale. We accept the assignment, but you remain authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.

• In the event of mixing or combining the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.

• We are obligated to release the securities due to us, upon request, to the extent that the realizable value of our securities exceeds the secured claims by more than 10%. The selection of the securities to be released remains at our discretion.

§ 7 Right of Withdrawal

In the event that you are a consumer within the meaning of § 13 BGB – that is, you purchase for purposes that predominantly cannot be attributed to your commercial or independent professional activity – you have a right of withdrawal in accordance with the following provisions.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party named by you (other than the carrier), take possession of the goods.

To exercise your right of withdrawal, you must inform us:

Company: Artcadia-Gallery
Address: Kurfürstenstrasse 114, 10787 Berlin, Germany
E-mail: info@artcadia-gallery.com

by means of a clear statement (for example, a letter sent by post, fax, or e-mail) about your decision to withdraw from this contract. You may use the enclosed sample withdrawal form, although this is not mandatory.

It is sufficient to send the communication regarding the exercise of your right of withdrawal before the withdrawal period expires to meet the deadline.

Consequences of Withdrawal

If you withdraw from this contract, we will refund to you all payments received from you, including the delivery costs (except for the additional costs arising from the fact that you chose a different type of delivery than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal of this contract. For this refund, we will use the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged fees for this refund.

We may withhold the refund until we have received the goods back or until you have provided evidence of having returned the goods, whichever is earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you inform us of your decision to withdraw from this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods if this diminished value is due to handling that is not necessary to examine the nature, characteristics, and functioning of the goods.

Sample Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and return it.

To:
Company: ARTCADIA Gallery
Address: Kurfürstenstrasse 114, 10787 Berlin, Germany
E-mail: info@artcadia-gallery.com

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods (): Ordered on ()/received on (*) Name of the consumer(s):
Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper)
Date

(*) Delete as appropriate.

End of the Withdrawal Information

(1) The right of withdrawal does not exist for the supply of goods that are not prefabricated and for which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g., T-shirts with your photo and name), for sealed goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery, or for audio or video recordings or computer software in a sealed package if the sealing has been removed after delivery.

(2) Please avoid damage and contamination. Return the goods preferably in the original packaging with all accessories and packaging components. If necessary, use protective packaging. If you no longer have the original packaging, please ensure that the goods are adequately protected to avoid damage claims due to improper packaging.

(3) Please call us at [Tel. No.] before returning the goods to announce the return. This allows us to assign the products to your order as quickly as possible.

(4) Please note that the requirements mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport Damage

(1) If goods are delivered with obvious transport damage, please immediately file a complaint with the carrier and contact us as soon as possible.

(2) Failure to complain or contact us will not affect your statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of purchase law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is, contrary to the statutory provisions, one year. This limitation does not apply to claims resulting from damages due to injury to life, body, or health, or due to the violation of an essential contractual obligation whose fulfillment is necessary for the proper performance of the contract (cardinal obligation) and on whose compliance the contractual partner may regularly rely, as well as for claims due to other damages arising from an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In all other respects, the statutory provisions shall apply to the warranty.

(4) If you are a business operator within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:

• With respect to the condition of the goods, only our own specifications and the product description of the manufacturer shall be binding, and not public advertising, statements, or other promotional material from the manufacturer.

• You are obliged to inspect the goods immediately and with due care for any deviations in quality or quantity and to notify us of any obvious defects within 7 days of receipt. Timely dispatch of the notice is sufficient to meet the deadline. This also applies to later discovered hidden defects from the time of discovery. In the event of a breach of the inspection and notice obligations, the assertion of warranty claims is excluded.

• In the event of defects, we shall, at our discretion, provide warranty by either repair or replacement (subsequent performance). In the case of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless the transport does not correspond to the intended use of the goods.

• If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.

• The warranty period is one year from the delivery of the goods.

§ 10 Liability

(1) Unlimited Liability: We are fully liable for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, we are liable only for damages resulting from injury to life, body, or health of persons.

(2) Otherwise, the following limited liability applies: In cases of slight negligence, we are only liable for the breach of an essential contractual obligation, the fulfillment of which is necessary for the proper execution of the contract and on which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to foreseeable damages at the time of contract conclusion that are typically expected to occur. This limitation of liability also applies to our vicarious agents.

§ 11 Final Provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

(2) The contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).

(3) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be exclusively in the appropriate German courts.

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4