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Terms and conditions

Contract terms regarding purchase agreements entered into on the online platform ARTQUISITE between ARTQUISITE GmbH, Berliner Str. 76, 80805 Munich, registered in the commercial register of the Municipal Court of Munich under HRB 223794, represented by Daniela Ilieva, VAT ID No.: DE 305239443 – hereinafter referred to as “ARTQUISITE” – and the customer designated in clause 2 (§ 2) of the contract - hereinafter referred to as “customer”. 

 

1. General Scope, Definitions

1.1. The following terms and conditions apply exclusively to the business transaction between ARTQUISITE and the customer in the version valid at the time the order is placed.  Varying customer terms will not be recognized unless the vendor has offered explicit written agreement of their validity.

1.2. The regulations outlined in these terms and conditions apply to all consumers (§ 13 BGB) and business operators (§ 14BGB), unless labelled exclusively for business operators.


1.2.1.Consumers

The customer is a consumer insofar as the purpose of the purchased delivery and services can not be predominantly ascribed to commercial or self-employed professional activities. 

1.2.2.Business operators

In contrast, a business operator is every individual or legal entity or partnership practicing a commercial or self-employed professional activity at the point during which the contract is concluded.

1.3. All ARTQUISITE offers in our online shop are directed towards consumers and business operators 18 years of age and older e.g. not towards minors. Should the legal age in the customer’s respective country be older than 18 years of age, said customer may only make use of ARTQUISITE’s online shop offer when of legal age in the country of residence.

1.4. ARTQUISITE reserves the right to exclude customers from making purchases in our online shop if there exist doubts about the customer’s identity or financial standing or if their residence/delivery address is in a country to which the goods offered may not be exported and ARTQUISITE is aware of this.

1.5. ARTQUISITE reserves the right to limit the amount of goods a customer can purchase. This, for example, allows for the demand of payment for already purchased goods before a customer can continue purchasing.

 

2. Contract conclusion

2.1. Order

The presentation of goods in the ARTQUISITE online shop serves the purpose of exhibiting the products for sale. Purchase of goods generally occurs in the shopping cart system. The button “place binding order” is a legally binding obligation to purchase the items found in the shopping cart. Ordering items in the shopping cart represents the customer’s binding offer to conclude a purchase contract. The purchase contract takes effect once ARTQUISITE has sent the customer an order confirmation via automated e-mail. Should this not occur, the customer’s offer has been declined. In order to submit a purchase offer, the purchaser must register during the order process.

The ARTQUISITE order process includes a total of 3 steps: 

2.1.1. The customer must provide all customer details (first name, surname, invoice address e.g. delivery address, telephone number and e-Mail address) for the order. 

2.1.2. The customer must select a method of payment for the purchase of the order.

2.1.3. By clicking on the “place binding order” button, the customer is placing a binding order, which can be accepted (according to clause 2) by ARTQUISITE and in this case would constitute a binding purchase contract between the customer and ARTQUISITE.

The customer can view and edit any details before placing the order. However, the form can only be submitted and processed once the customer has agreed to the contract terms by clicking on the “I accept the terms and conditions” button and thereby incorporating them into the order request. The order process can be terminated at any point by closing the browser window or leaving the entry form.

 2.2. Approval

Thereafter ARTQUISITE will e-mail the customer an automatic acknowledgement of receipt listing the order details and with the option to print using the “print” function. The automated acknowledgement of receipt only serves to document that the customer’s order has been received by ARTQUISITE. It does not represent approval of the request. The contract is first valid once ARTQUISITE has accepted it. This is done with a separate e-mail (order confirmation). Either in this e-mail or a separate one, at the very latest with delivery of the purchase, the customer contract will be sent by way of a durable media (e-mail or print copy).

The contract will be saved with regard for data protection.

The contract will be concluded in the German language.

 

3. Prices and delivery costs

All prices listed on the ARTQUISITE website include the applicable VAT. The applicable delivery and transport costs will be provided to the customer in the order form. These costs are to be covered by the customer provided that the customer does not invoke the consumer right of revocation. Shipment of the purchase is by post. ARTQUISITE assumes all delivery risks when the customer is a consumer. Should the right of revocation be exercised, the customer must bear all direct costs of return shipment.

Deliveries in non-EU countries incur additional customs and duties fees. More information on customs and duties is available here: http://www.zoll.de/EN/Home/home_node.html
Business operators in the EU community can obtain a VAT free invoice according to §6a UStG (intra-community delivery) with proof of their VAT identification number.

For deliveries outside of the EU, the purchaser can be issued a tax-free invoice according to §6 UStG (export deliveries to fiscal non-member states). The purchaser must pay customs and taxes on the delivered goods upon import into the destination country and according to local regulations. 

 

4. Right of revocation

 4.1.Cancellation policy

Upon conclusion of a long-distance contract, consumers have a right of revocation which ARTQUISITE will explain in accordance with legal examples below. Exceptions to the right of revocation are in point 4.3 of these terms and conditions. Point 4.4 includes a sample right of revocation form.

 4.1. Cancellation policy

You have the right to revoke your contract without reason within fourteen days. The revocation period begins fourteen days from when you or a third party named by you, not including the carrier, has taken possession of the goods.

In order to exercise your right of revocation, you must inform us - ARTQUISITE GmbH, Berliner Str. 76, 80805 Munich, info@artquisite.com - of your decision to revoke the contract by means of a clear statement (e.g. a posted letter, fax or e-mail). You may use the included sample right of revocation form, though this is not mandatory.

To ensure compliance with the revocation period, you only need submit notice of your exercise of the right of revocation before expiry of the revocation period.

 4.2. Consequences of revocation

Should you revoke this contract, we will promptly reimburse all payments received from you including delivery costs (with the exception of additionally incurred costs for other forms of delivery chosen by you that differ from the standard shipping offered by us) no later than within fourteen days from receipt of the notice of your revocation of the contract. We use the same method of payment for reimbursement as that of your original transaction unless we expressly come to some other agreement with you; under no circumstances will you incur charges for the reimbursement.

We can withhold reimbursement until we have recovered the goods or you have provided proof of return of the goods depending on which occurs first.

You must return or transfer the goods immediately to us and at a point no later than fourteen days from the day on which you have informed us of the revocation of contract. The deadline for return is honoured when you deliver the goods before the expiry of the fourteen-day period.

You bear all direct costs for the return of the goods. You are only liable for any diminished value of the goods resulting from any handling other than what is necessary to ascertain the nature and functioning of the goods.

4.3. Exceptions to the right of revocation

There is no right of revocation for contracts on delivery of sound or video recordings in sealed packaging when the seal has been removed following delivery.

4.4. Sample right of revocation form

Should you want to revoke the contract, then please fill out this form and return it to us.

ARTQUISITE provides this sample form on the right of revocation in accordance with statutory regulations as follows:

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Sample right of revocation form:

 To ARTQUISITE GmbH 

 Berliner Str.76

 80805  Munich

e-mail address: info@artquisite.com

 

I/We(*) hereby revoke the concluded contract

for the purchase of the following goods (*)/ the delivery of the following services (*)

— order on (*)/received on (*) 

— Name of the customer

— Address of the customer

— Signature of the customer (only for paper communications)

— Date

(*) Adjust as applicable

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5. Shipping, product availability

5.1.You can find delivery details on the respective product detail pages. The delivery times provided by us are calculated based on the time of receipt of our shipping confirmation provided prior payment of the purchase price. Provided that no or no different delivery time is provided for the respective goods in our online shop, the time is 14 days after receipt of payment for deliveries within the EU, and 21 days for deliveries to countries outside the EU.

5.2. Should the selected products not be available at the time of the customer’s order, ARTQUISITE will promptly inform the customer in the order confirmation. Should the product be permanently undeliverable, the vendor will refrain from providing approval of the request. In this case no contract will be entered into.

5.3. Should the products designated by the customer in the order only be unavailable for a limited period of time, ARTQUISITE will promptly inform the customer in the order confirmation. Should the delivery be delayed for more than two weeks, the customer reserves the right to cancel the contract. The customer’s legal right of revocation (see § 9 of contract terms and conditions) will not be affected. Likewise, ARTQUISITE is entitled to dissolve a contract to places of residence (invoice addresses). In this case, any payments already made will be promptly refunded to the customer.

 5.4. Customs and import fees for delivery of goods outside of Germany
Our establishment has no influence on fees charged by the recipient countries and is not in the position to provide information on these costs in advance. The customs regulations of recipient countries are not standardized. Should you need more precise information about these costs, consult the customs office responsible for your region. Please be aware that you must comply with respective local regulations on the import of goods.

5.5. Import guidelines for Switzerland and Liechtenstein
Please be aware that taxes may be levied on deliveries to Switzerland and Liechtenstein (e.g. customs duties, VAT). Queries regarding the amount of taxes and import clearance can be answered by the customs authorities of the Swiss Confederation.

 

6. Retention of ownership

Pending full payment, ARTQUISITE retains full ownership of the delivered goods. Prior to the passing of ownership, no pledge, transfer of security, manipulation or modification is permitted unless otherwise agreed.

 

7. Terms of payment

7.1. The customer can remit payment via direct transfer, credit card and PayPal. The basic currently offered payment methods can be viewed at any time on the ARTQUISITE website. Additional case-by-case payment methods are shown as an option prior to placing the order. The user terms and conditions for the respective payment providers apply for the use of the specified payment methods.

7.2. The customer can at any time change the saved payment methods under user account.

7.3. The sales price is to be paid directly upon conclusion of the contract. As far as payment is stipulated on a specific calendar date, the customer is in arrears when this date has been exceeded. In this case, the customer is required to pay ARTQUISITE default interest amounting to 5 percentage points above the basic interest rate.

7.4. The obligation of the customer to pay default interest does not exclude a claim for further damages from ARTQUISITE caused by delay of payment. 

 

8. Material defect warranty, guarantee

8.1. ARTQUISITE is liable for damages according to the applicable provisions outlined here, in particular §§ 434 of the German Civil Code.

With regard to business operators, the warranty period for items supplied by the vendor amounts to 12 months.

8.2. Any additional warranties on goods delivered by ARTQUISITE must be explicitly rendered in the order confirmation for the respective item.  

 

9. Liability

9.1. Customer claims for damages are precluded. This excludes customer damage claims relating to loss of life, bodily harm, injury to health or violation of essential contractual obligations (cardinal duties) as well as liability for other damages based on a premeditated or grossly negligent breach of duty on the part of the vendor, the vendor’s legal representative or vicarious agents. Essential contractual obligations are those which need to be fulfilled in order for the goal of the contract to be achieved.

9.2. In the event of a breach of essential contractual obligations, ARTQUISITE only bears liability for foreseeable damages typically occurring with this kind of contract if the damage was caused by ordinary negligence, unless it concerns a customer claim for compensation regarding loss of life, bodily harm or injury to health.

9.3. The restrictions to points 9.1. and 9.2. also apply to the vendor’s legal representative and vicarious agents should claims be made which apply to them.

9.4. The provisions of the Product Liability Act remain unaffected. 

 

10. Final provisions

10.1.The law of the Federal Republic of Germany, excluding the UN-Convention on Contract for the International Sale of Goods (CISG) governs all contracts between ARTQUISITE and the customer. Statutory regulations pertaining to limitations on choice of law and applicability of compulsory regulations, in particular those of the State in which the customer as consumer maintains habitual residence, remain unaffected.

10.2. To the extent that the customer is a merchant, a legal entity subject to public law or a public separate estate, the place of jurisdiction for all disputes regarding contractual agreements between the customer and the vendor will be the location of the vendor.

10.3. Should individual points of the contract become legally invalid, the remaining parts of the contract shall remain binding.  Statutory provisions take effect in lieu of any invalid points insofar as they are available. Should this present unreasonable hardship for any of the contractual parties, the contract will become wholly invalid.

10.4. All works and texts shown are copyright protected. It is strictly forbidden to copy, process, print out or publish any illustrations. Violators will face civil and criminal prosecution.

10.5. The copying, reproduction or use of texts and images is expressly prohibited.

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