AGB auf Deutsch
Preamble
Basics: Art prints are always dependent on environmental influences, their appearance and color can change. So that you can enjoy our works of art in the long term, you should not expose works and frames to direct sunlight, either in whole or in part, do not hang directly over heaters and do not expose them to high humidity. The art prints are therefore not suitable for outdoor use, basements and damp rooms such as kitchens and bathrooms.
The contractual partner and user of these GTC is Faustmann & Schönebaum GbR,
Sebastian Krüger, Andrea Faustmann, and Bernd Schönebaum
Köllnischfeld 4
31832 Springe
Germany
faustmann@sebastian-krueger-art.com
0160-6449037
Our terms and conditions aim to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following general terms and conditions of Faustmann & Schönebaum GbR, the knowledge and inclusion of which you acknowledge and confirm by placing an order with us. You can view the terms and conditions here.
§ 1 scope
The following general terms and conditions apply exclusively to the business relationship between Faustmann & Schönebaum GbR and the customer in the version valid at the time of the order. Faustmann und Schönebaum GbR does not recognize deviating conditions of the customer, unless Faustmann und Schönebaum GbR has expressly agreed to their validity in writing.
§ 2 Conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. The products you have selected using the "Add to cart" button are summarized again in an order overview at the end of the ordering process. Here you can check all the information provided during the ordering process and add or correct it using the "edit" button. By clicking on the "PLACE ORDER" button or the corresponding wording in your PayPal account, you send your order data and make a binding declaration to Faustmann und Schönebaum GbR that you want to purchase the products listed there. We automatically accept your offer when we receive your order. Immediately after sending the order, you will receive an order and contract confirmation by e-mail, in which the details of your order are listed again.
The text of your order will be saved by us and can be sent to you on request after completing your order. For your own safety, Faustmann und Schönebaum GbR recommends that you print out the order data and the general terms and conditions that were applicable at the time of the order. German and English are available as contract languages.
Please note that we sell all products in partially limited quantities and only make some art prints to order.
§ 3 Revocation
You have the right to withdraw from this contract within 30 days without giving any reason.
The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods, if you ordered one or more goods as part of a single order and the Goods or goods will be delivered in a single delivery or on which you or a third party named by you who is not the carrier took possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered separately.
In order to exercise your right of withdrawal, you must inform us
Faustmann & Schönebaum GbR
Sebastian Krüger, Andrea Faustmann, Bernd Schönebaum
Köllnischfeld 4
31832 Springe
Germany
faustmann@sebastian-krueger-art.com
0160-6449037
by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocationIf you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within 30 days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods in the original packaging without delay and in any case no later than 30 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 30 days has expired. You bear the direct costs of returning the goods for orders. As a rule, the goods cannot be returned by mail.
Please contact customer service for more information: sales@sebastian-krueger-art.com
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 4 Packaging and Delivery
Most of our packaging is custom-made, which we only stock in small quantities.
Unless otherwise agreed, delivery will be made from the warehouse to your address or to the delivery address you have specified. Please note that some art prints are made and signed after purchase. The delivery time can vary between a few days and several weeks depending on the location to which delivery is made.
§ 5 Prices, due date and payment delay
The prices given in the online shop are final prices including sales tax (with the exception of deliveries to third countries). Shipping costs are included in the price of the order.
In the event that the customer's account does not have sufficient funds or the customer objects to the direct debit without justification, Faustmann und Schönebaum GbR can demand a processing fee of EUR 5.00 from the customer.
If you are in delay of payment, Faustmann und Schönebaum GbR is entitled to charge default interest of 5 percentage points above the base rate p.a. announced by the European Central Bank for consumers and 9 percentage points above the base rate p.a. announced by the European Central Bank for entrepreneurs to demand. In addition, Faustmann und Schönebaum GbR can demand a flat rate of €2.50 per reminder, with the exception of the first reminder. If Faustmann und Schönebaum GbR has demonstrably incurred higher damage caused by the delay, Faustmann und Schönebaum GbR is entitled to assert this.
In the above cases, you can prove that Faustmann und Schönebaum GbR has not suffered any damage or that it is lower than the lump sums mentioned above.
§ 6 offsetting, retention
You only have the right to offset if your counterclaims have been legally established or recognized by Faustmann und Schönebaum GbR. You are also entitled to offset if you assert complaints or counterclaims from the same purchase contract. In addition, you are only authorized to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 7 Retention of title
The delivered goods remain the property of Faustmann und Schönebaum GbR until full and final payment.
§ 8 Liability
Faustmann und Schönebaum GbR is liable without limitation for damages within the framework of the statutory provisions
(a) from injury to life, limb or health, which is based on an intentional or negligent breach of duty or otherwise on intentional or negligent behavior by Faustmann und Schönebaum GbR or one of its legal representatives or vicarious agents;
(b) which are based on an intentional or grossly negligent breach of duty or otherwise on an intentional or grossly negligent behavior by the provider or one of his legal representatives or vicarious agents.
The Faustmann und Schönebaum GbR is liable, limited to compensation for the foreseeable damage typical for the contract, for such damage that is based on a slightly negligent breach of essential obligations by the Faustmann und Schönebaum GbR or one of its legal representatives or vicarious agents. Essential obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can rely.
The above provisions also apply to the liability of Faustmann und Schönebaum GbR with regard to the reimbursement of wasted expenses.
Liability under the Product Liability Act remains unaffected.
§ 9 Warranty
The statutory warranty rights apply unless otherwise expressly agreed.
If you as the customer are an entrepreneur according to § 14 BGB, your claims for defects presuppose that you have complied with your statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect is found during the inspection or later, we must be notified immediately in writing. The notification is deemed to be immediate if it is made within two weeks, whereby the timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to examine and give notice of defects, you must report obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby timely dispatch of the notification is sufficient to meet the deadline. If you fail to carry out the proper inspection and/or notification of defects, our liability for the non-notified defect is excluded.
§ 10 No granting of rights
With the purchase of an art print, you only acquire the physical ownership of the reproduction. No other rights of use are granted. Any reproduction (duplication), distribution, rental, public access or other analogue or digital exploitation is not permitted unless permitted by law. However, you can resell the print.
§ 11 Collection, processing and use of personal data
All regulations for the protection of your data can be found in our data protection information. Information on online dispute resolution in accordance with Art. 14 Para. 1 ODR regulation and §§ 36 f. VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
September 29, 2022
