General Terms and Conditions

 

1. RANGE OF APPLICABILITY

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The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.

Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. CONTRACTUAL PARTNERS, CONTRACTUAL CONCLUSION, POSSIBILITIES OF CORRECTION

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The contract of sale is concluded with Heinrich Eggert e.K., Visulex Gallery for Photography.

With the setting of the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

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3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

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The language(s) available for the conclusion of the contract: German

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We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. DELIVERY TERMS

In addition to the stated product prices, shipping costs will be added. You can find out more about the amount of the shipping costs in the offers.

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You generally have the option of collection from Visulex Gallery for Photography, Loogestraße 6, 20249 Hamburg, Germany during the following business hours: Monday to Friday from 11:00 am to 7:00 pm except on holidays. Please inform us at least two working days before your pickup so that we can provide the goods from our warehouse. You can also pay here with EC card and PIN.

We do not deliver to packing stations.

5. PAYMENT

In our store, the following payment methods are generally available to you:

Credit card or instant bank transfer via Stripe Payments Europe

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The processing of the payment methods credit card payment and IMMEDIATE TRANSFER is carried out in cooperation with Stripe Payments Europe, Ltd, 1 Grand Canal Street Lower, Dublin, Ireland (hereinafter: “Stripe”), subject to the Stripe terms of use, viewable at https://stripe.com/de/legal, to which the seller assigns his payment claim. Stripe collects the invoice amount from the specified credit card account or bank account of the customer. In case of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be charged immediately after sending the customer’s order in the online store. The seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method credit card payment and IMMEDIATE TRANSFER via Stripe is selected.

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Cash payment or EC payment upon collection

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You pay the invoice amount in cash or by EC card upon collection.

6. RIGHT OF REVOCATION

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

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7. OWNERSHIP

The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

No granting of rights or exhibitions

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The purchase of a work only establishes the in rem ownership of the object. The purchase does not grant the buyer any rights to use the work. The resale is permitted, any reproduction, distribution, rental, public disclosure or other analog or digital exploitation is not allowed. If necessary, the consent of the artist concerned can be obtained for this.

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8. TRANSPORT DAMAGE

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The following applies to consumers: if goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they will help us to be able to assert our own claims against the carrier or the transport insurance.

9. WARRANTY AND WARRANTIES

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Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

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In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

For consumers, the statutory limitation period is two years.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.

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Towards entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.

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If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery).

The above restrictions and reductions in time do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

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• in case of injury to life, body or health

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• in case of intentional or grossly negligent breach of duty as well as fraudulent intent

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• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• in the context of a promise of guarantee, insofar as agreed, or

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• insofar as the scope of application of the Product Liability Act is opened up.

10. LIABILITY

For claims based on damage caused by us, our legal representatives or agents, we are always liable without limitation

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• in case of injury to life, body or health

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• in case of intentional or grossly negligent breach of duty

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• in the case of promises of guarantee, insofar as agreed, or

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• insofar as the scope of application of the Product Liability Act is opened up

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In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

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For the rest, claims for damages are excluded.

11. DAMAGE

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. CLOSURE

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If you are a businessman, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.