Terms & Conditions
Terms & Conditions
Verlag & Galerie Vollherzig – vollherzig.de
Ilknur Özen, Menzelstraße 7, D-55127 Mainz
Phone: +49 (0) 6131 6331277
E-mail: denkstahl@vollherzig.de
§ 1 Scope
(1) Our general terms and conditions (GTC) apply exclusively; We do not recognize terms and conditions of the customer that contradict or deviate from these conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law in accordance with Section 310 Paragraph 1 Clause 1 of the German Civil Code (hereinafter referred to as »entrepreneur«), our terms and conditions in their respective version apply as a framework agreement also for future delivery contracts with the same customer without us having to refer to them again in individual cases; In this case, we will inform the customer immediately about changes to these terms and conditions.
§ 2 Order process and conclusion of contract
(1) The goods offered in our online shop are non-binding. Our representations of products are only to be seen as information on properties and do not constitute an offer, but a non-binding invitation to the customer to order.
(2) By clicking the »Buy now« button, the customer can place the respective goods in the virtual shopping cart. Placing the goods in the virtual shopping cart is non-binding; it does not constitute an offer to conclude a contract.
(3) Before placing an order, the content of the shopping cart, including the customer data, is summarized on an overview page for the customer. First, the customer has the option of changing or adding to the order on the overview page in the shopping cart. After clicking on »continue«, the customer is asked to decide whether he would like to order as a guest or whether he would like to create a customer account. Existing customers with a customer account can log in with the assigned username and password.
If the customer wishes to order as a guest, he will be asked to enter the data required for the order. After entering the data or registering, the customer will arrive at the order overview. There he can correct all order data using the change fields provided. The customer assures that all information provided by him when ordering or registering in the online shop – name, address, email address, telephone number, bank details – is truthful. Changes are to be reported immediately.
(4) By clicking the button »buy now« in the third step the customer submits a binding offer to conclude a purchase contract. After we have received the order, the customer receives an automatically generated email as confirmation of receipt of his order. This does not constitute an acceptance of the contract. A contract is then concluded when the order confirmation is sent or the goods are delivered. The customer is bound to his order for 2 working days for goods which are marked as »available«, regardless of the right of withdrawal that exists for orders as a consumer. In addition, the commitment is a maximum of 5 working days.
(5) The customer can save the content of his order immediately after placing his order and / or print it out or later – if he has a user account – view it at any time using the »Account« function. The customer is provided with the contractual provisions including these terms and conditions in writing when placing his order, at the latest when the goods are delivered.
§ 3 Saving and printing options for the terms and conditions / contract language
(1) The customer can download, save or print these general terms and conditions at any time on our website. The customer can use the usual function of the respective Internet browser to print or save these. It is also possible to download and archive this document in PDF format (please click here). To open the PDF file, the free Adobe Reader program (at www.adobe.de) or comparable programs that can handle the PDF format are required. You can also wait for the order confirmation, which we will send to the customer by e-mail after completing his order to the e-mail address provided by the customer. This order confirmation email once again contains the data of the order as well as our terms and conditions and can be easily printed out or saved.
(2) The contract language is German.
§ 4 Payment and prices
(1) The prices mentioned in our online shop include the statutory sales tax. They are identified by the addition »incl. legal VAT«.
(2) Payment for the goods is generally made at the customer’s choice according to the payment method chosen by him.
(3) In the case of orders from abroad, in particular from outside of Europe, additional duties, taxes, fees and similar costs may apply which are not part of the prices shown and are to be borne by the customer. The customer has to inform himself accordingly, e.g. at the local customs authorities.
§ 5 Shipping costs, delivery and transfer of risk
(1) Shipping is at the customer’s expense. This is indicated by the addition »plus Shipping«. On the overview page in the shopping cart before the purchase, the customer is shown the delivery costs before placing the order.
(2) In the event that an item ordered and an item marked as deliverable should not be available because we are not supplied by our supplier through no fault of ours despite his contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the goods ordered are not available and will immediately reimburse any payments already made.
(3) Should an artwork not be available, there is no entitlement to delivery. If one or more products are not available, we will inform the customer as soon as possible. If the customer has already paid for the goods, the corresponding amount will be refunded immediately. Works that are marked as available are usually dispatched within 7 days, in most cases within 3 working days.
(4) The delivery time is extended appropriately in the event of circumstances impairing delivery due to force majeure. Force majeure equates to strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of one’s own, operational hindrances, e.g. due to water, machine damage, fire and all other hindrances which, from an objective point of view, were not culpably caused by us. If such a circumstance occurs, we will notify the customer immediately. In the event that the impediment to performance in the aforementioned cases persists for a period of more than 4 weeks after the originally applicable delivery times, the customer is entitled to withdraw from the contract. Further claims, especially for damages do not exist.
(5) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold in the case of mail order purchases is transferred to the consumer or a recipient specified by him when the goods are handed over. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer when the goods are handed over or, in the case of sale by mail order, with the delivery of the goods to the carrier or the person or institution otherwise assigned to carry out the shipment.
§ 6 Retention of title
(1) The delivered goods remain our property until they have been paid for in full.
(2) Access by third parties to the reserved goods must be reported to us by the customer immediately upon becoming known.
§ 7 Rights of defects and obligation to report
(1) If the customer is a consumer, all claims for defects expire within 2 years from delivery.
(2) If the customer is an entrepreneur, all claims for defects expire within 1 year of delivery.
(3) The goods must be examined immediately for defects. For entrepreneurs, § 377 ff. HGB applies.
(4) Prints, laminations and frames are defective if they do not correspond to the technical standard offered despite careful production with high-quality materials.
(5) The respective images on the website are non-binding. There is no guarantee for minor deviations of the delivered goods from those shown. In the case of art prints, graphics and other printed products, slight deviations in color from samples, in format and in paper or other surface quality cannot be completely avoided in terms of printing technology. Furthermore, there may be deviations in the presence or dimensions of an image border or a caption. Such deviations do not justify a complaint. Differences in color, image trimming or color shifts between the images and prints and the originals do not constitute defects either.
(6) Prints, laminations and frames must not be exposed to direct sunlight, either in whole or in part, not hung directly over heaters and not exposed to humidity that exceeds the level of normal living spaces. It is expressly pointed out that the prints offered are not waterproof and are dependent on environmental influences, their appearance and colors can change and fade. This unchangeable change is not a defect.
(7) Prints, laminations and frames are particularly unsuitable for outdoor spaces, basements, bathrooms and kitchens. Prints, laminations and frames are very sensitive to scratches and stains and should therefore only be touched with gloves or comparable protection.
§ 8 Liability for damages
(1) Claims for compensation for damage of any kind, including damage that did not occur to the goods, only exist – in the event of an intentional breach of duty by us;
– bei vorsätzlicher Pflichtverletzung durch uns;
– in the event of injury to life, limb or health that is based on a negligent breach of duty by us or an intentional or negligent breach of duty by our legal representative or vicarious agent;
– in the case of culpable breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is jeopardized, with regard to the contract-typical, foreseeable damage;
– in those cases in which, according to the Product Liability Act, there is liability for defects in the goods,
for personal injury or property damage to privately used objects;
– in the case of defects that have been fraudulently concealed or the absence of which we have guaranteed.
(2) Otherwise, further claims for damages are excluded.
§ 9 Special features unique items and individually made artworks
(1) When ordering unique items, the following applies in addition: If the unique item shown on the website has not already been printed, this art print will be created for the customer after payment in advance. This is discussed with the customer through personal contact, by telephone or by video conference. The customer receives a prepayment invoice via the email address provided by the customer. After the invoice has been paid, the production of the art print will begin. If the deposit is not paid within 14 days, the order will be canceled. Once the order has been placed, the customer is obliged to pay 50% of the price, for delivery the remaining 50% plus the transport costs (within Germany for a shipping flat rate of EUR 100, higher for shipping abroad).
(2) In the case of orders for individually commissioned work, the following applies in addition: For artworks that are specially created for the customer, 100% of the costs plus transport costs are to be paid in advance. If no payment is received within 14 days of receipt of the order, the order will be canceled.
If the customer decides to order a work specially created for him, he is asked to submit the corresponding portrait (photo). Then a corresponding artwork is made for him as a unique piece as digital picture art. The customer assures that he has the appropriate rights and releases the contractor from possible third party recourse claims.
(3) We always reserve the right to accept the offer to conclude an order or a work contract. We reserve the right to refuse orders if the processing of the order violates the rights of third parties or violates the law.
(4) In the context of works produced to order, the customer, even if this is a consumer, according to § 312g II No. 1 BGB, has no right of withdrawal.
§ 10 Rights of use and copyright
(1) The images shown on our websites, in our online galleries and publications and the products sold are protected by copyright worldwide. The customer is not entitled to produce the goods himself or to have them produced by third parties, to reproduce them or to have them reproduced. This requires express approval in the form of transferring usage rights on the part of the respective artist and gallery owner.
(2) Violations will be prosecuted.
(3) We reserve the right to display the unique items sold in books or social media, as well as to produce postcards or limited editions of prints, albeit in a greatly reduced format.
(4) A certificate of authenticity for a unique specimen, which is also sent, assures that this work of art only exists once in terms of design and size.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies with the exception of the UN Sales Convention.
(2) In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the person entitled (contract with the consumer), this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is not granted has his habitual residence is withdrawn.
(3) If the business partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all legal disputes and our place of business are agreed as the place of performance.
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ONLY for consumers:
Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Ilknur Özen, Verlag & Galerie Vollherzig, Menzelstrasse 7, D-55127 Mainz, phone: +49 6131 6331277, email: denkstahl@vollherzig.de) by means of a clear declaration (e.g. a by post or email) of your decision to withdraw from this contract. You can use the attached sample form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. You have to have the goods immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract
Ilknur Özen
Verlag & Galerie Vollherzig
Menzelstrasse 7
D-55127 Mainz
to be returned or handed over. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
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NOTICE FOR CUSTOM MADE ARTWORKS
There is NO right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer – § 312g II No. 1 BGB. This applies to all artworks made individually to order.
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Withdrawal form
If you want to revoke the purchase contract, please provide the following information and send it by email to denkstahl@vollherzig.de or by post to
Verlag & Galerie
Vollherzig
Ilknur Özen
Menzelstrasse 7
D-55127 Mainz