Terms of service
General Terms and Conditions
for the mail order business of:
FINEARTCLUB
Eisvogelweg 9
86938 Schondorf
Germany
Email: info@fine-art-club
Represented by: Adrian Liedl
VAT-ID: DE366480336
hereinafter referred to as the “Seller”
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Delivery and Shipping Conditions
4. Prices and Payment Conditions
5. Retention of Title
6. Cost Bearing Agreement in Case of Exercising the Right of Withdrawal
7. Cancellation Policy & Cancellation Form
8. Liability for Defects (Warranty)
9. Transport Damage
10. Data Protection and Security
11. Final Provisions
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the Seller, acting under “FINEARTCLUB” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with respect to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer’s offer within five days,
• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the terms of PayPal’s user agreement, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button that concludes the order process.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the contract is concluded and sent to the Customer after sending their order in text form (e.g., email, fax, or letter). The Seller does not make the contract text available beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can recognize any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions as long as they do not click the button that concludes the order process.
2.7 The languages available for the conclusion of the contract are German and English.
2.8 The order processing and contact are usually carried out via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3. Delivery and Shipping Conditions
3.1 If the Seller offers the shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the execution of the transaction. However, if the Customer selects PayPal as the payment method, the delivery address provided by the Customer to PayPal at the time of payment will be decisive.
3.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the rules specified in the Seller’s cancellation policy regarding the return costs shall apply.
3.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer or an authorized recipient until the goods are handed over. However, if the Customer has commissioned the carrier, freight forwarder, or the person or institution designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer, the risk passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
3.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to obtain the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and any payment made will be promptly refunded.
3.5 Collection by the Customer is not possible for logistical reasons.
4. Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices, including any applicable taxes. Any additional delivery and shipping costs are listed separately in the shopping cart/checkout.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import-related duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.
4.5 If a payment method offered by “PayPal” is selected, the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller offers payment methods via PayPal, where the Seller provides advance payment to the Customer (e.g., purchase on account or installment payment), the Seller assigns their payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with the effect of discharging the debt. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or credits, even in the event of the assignment of the claim.
4.6 If a payment method offered by the payment service provider “mollie” is selected, the payment processing is carried out via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie will be communicated to the Customer in the Seller’s online shop. To process payments, mollie may use other payment services, for which special payment conditions may apply, and the Customer will be informed separately. Further information about “mollie” can be found online at https://www.mollie.com/de/.
5. Retention of Title
If the Seller provides advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
6. Cost Bearing Agreement in Case of Exercising the Right of Withdrawal
If you exercise your right of withdrawal (see cancellation policy under section 7), you must bear the full cost of the return, even if the value of the returned goods is less than the ordered goods.
7. Cancellation Policy & Cancellation Form
A. Cancellation Policy
Introduction
Consumers have a right of withdrawal according to the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities:
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, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (FINEARTCLUB, Eisvogelweg 9, 86938 Schondorf, Germany, Tel.: +491712925560, Email: info@fine-art.club) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of 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 received the notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless expressly agreed otherwise with you; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us.
Returns can only be sent to the following address:
FINEARTCLUB, Eisvogelweg 9, 86938 Schondorf, DE.
The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
General Information
1. Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure suitable packaging to provide adequate protection against damage during transport.
2. Please do not return the goods freight collect.
3. Please note that the above clauses 1-2 are not prerequisites for the effective exercise of the right of withdrawal.
B. Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To
FINEARTCLUB
Eisvogelweg 9
86938 Schondorf
Germany
Email: info@fine-art.club
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*)
Ordered on () ____________ / received on () __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate
8. Liability for Defects (Warranty)
8.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
8.2 If the Customer acts as an entrepreneur,
• the Seller has the right to choose the type of subsequent performance;
• the limitation period for defects in new goods is one year from the delivery of the goods;
• claims and rights due to defects are excluded for used goods;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
8.3 The above limitations of liability and shortening of periods do not apply
• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
8.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification requirements regulated therein, the goods shall be deemed approved.
8.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
9. Transport Damage
9.1 If goods are delivered with obvious damage to the packaging or contents, it is requested that this be immediately reported to the carrier/delivery service and that the Seller be contacted by phone or in another manner (email/post) so that the Seller can assert any rights against the carrier/delivery service.
9.2 Failure to file a complaint or contact us has no effect on the Customer’s statutory warranty claims.
10. Data Protection and Security
10.1 The Seller stores the Customer’s orders. If the Customer loses their order documents, they can contact the Seller by post, email, or phone. The Seller will gladly send the Customer a copy of the order data.
10.2 The Customer consents to the electronic storage of the personal data provided by them and necessary for the processing of the transaction. The data will only be passed on to the companies involved in processing, delivering, and/or billing. All personal data will be treated confidentially. The transmission of your personal data to us in the online shop takes place via an SSL connection, which is protected against access by unauthorized third parties.
10.3 Further details on data protection can be found in the “Data Protection” notice.
11. Final Provisions
11.1 The law of the Federal Republic of Germany applies. Mandatory provisions of the country in which customers who are consumers have their habitual residence remain unaffected. In dealings with consumers within the European Union, the law at the consumer’s place of residence may also be applicable, provided it concerns mandatory consumer protection provisions.
11.2 The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, even in cross-border delivery traffic.
11.3 The place of jurisdiction for all legal disputes is Bavaria, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law. If the consumer does not have a place of residence in Germany or in another country of the European Union, Bavaria is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction shall apply.