1 Scope
(1) The following general terms and conditions ("GTC") govern the contractual relationship between artSOLITAIRE is a brand of the ars mundi Edition Max Büchner GmbH (hereinafter: "we") and consumers who purchase goods in our shop.
2 Conclusion of contract
(1) All information on products, product features and prices are subject to error. Our offer is subject to change.
(2) After placing your order, you will receive an order confirmation. Then we check the availability of the artwork with the artist. This can take up to three working days. Then you will receive a confirmation of your order, provided that the ordered work is available. You are obliged to inform us of any discrepancies between this confirmation and your order.
(3) The acceptance of the contract by us is only effected by the delivery of the goods.
(4) The prices at the time of the order shall apply. You can find out the period of validity of our limited offers displayed in the shop. Despite careful consultation with our artists, it may happen that a work has already been sold elsewhere. Therefore, we do not give any guarantee of delivery. The following applies: The offer is subject to availability.
3 Right of withdrawal
(1) Commencement of the withdrawal policy:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods. To exercise the right of withdrawal, you must inform us (artSOLITAIRE, Bödekerstraße 13, 30161 Hanover, Telefon +49 511 34843-810, Telefax +49 511 34843-876, service@artsolitaire.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except the supplementary costs resulting from other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You must return or hand over the goods to artSOLITAIRE, Sydney Garden 7, D-30539 Hanover, without delay and in any case no later than within 14 days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. We will bear the costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for inspection of the condition, properties and functioning of the artworks.
End of the cancellation policy
Exclusion/cancellation of the right of withdrawal
According to section 312g (2) sentence 1 German Civil Code (BGB), the right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are tailored to the personal needs of the consumer. Furthermore, the right of cancellation expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Here you can find the sample revocation form as a pdf…
4 Delivery / Postage
(1) Delivery time information can be found on the respective product detail pages. We will inform you in the event of delivery delays.
(2) All artworks shown are located in the artist's studio and not in our warehouse. For this reason, we ask for your understanding of delivery times that may arise for some artworks due to longer transport routes.
(3) We charge EUR 25.00 for postage, packaging and insurance for shipments within Germany. The shipping costs to Austria are EUR 45.00.
The shipping costs to Switzerland and Liechtenstein are EUR 60.00.
For deliveries to other EU countries (without islands) we charge EUR 55.00.
For deliveries to non-EU countries and islands in the EU, the shipping costs are EUR 115.00.
(4) Customs or import duties for deliveries of goods outside Germany
Our company has no control over the fees charged by the recipient countries and cannot predict what they might be. The customs regulations of the recipient countries are not standardised. If you require more detailed information, please contact your local customs office. Please note that as an importer, you must comply with the applicable local regulations.
(5) Import requirements for Switzerland and Liechtenstein
Please note that with shipments to Switzerland and Liechtenstein import duties, such as customs duties and VAT, may be payable. If you have any queries on the amount of these duties or the import process, please contact the Swiss Federal authorities.
5 Terms of payment and reservation of proprietary rights
(1) You can pay for your ordered artworks by invoice, direct debit or credit card (American Express / MasterCard / Visa). Delivery upon advance payment possible.
(2) The credit card will be charged after delivery. In the case of purchase by invoice or direct debit, the total amount is due within 14 days of receipt of the invoice.
(3) All our prices quoted in the shop include the German statutory value-added tax. VAT isn't charged on exports of goods to countries outside the EU.
Please note that as a rule artworks on offer are subject to differential taxation according to §25 UStG.
There is no separate disclosure of the value-added tax.
(4) Until payment as agreed in the contract has been received in full, the delivered goods shall remain our property.
(5) In the event of default in payment shall be entitled to charge interest.
6 Warranty and liability
(1) The warranty complies with the statutory provisions. In the event of defects, we shall, at your discretion, provide a warranty by rectification of the defect or subsequent delivery. If the repair fails or the subsequently delivered goods are defective as well, you may return the goods for a refund of the full purchase price or keep the goods and reduce the purchase price.
7 Miscellaneous
(1) All illustrated artworks are protected by copyright. In particular, it is not permitted to copy, edit, print or publish these illustrations. Violations will be prosecuted according to criminal and civil law.
(2) The place of jurisdiction for the registered trader and deliveries of goods abroad is Hanover. This shall apply if the contractual partner has no general place of jurisdiction in the EU. German law shall apply.
(3) If any provision of the contract, including these general terms and conditions, is or becomes wholly or partly invalid, unenforceable or ineffective, the validity of the remaining provisions of these general terms and conditions shall not thereby be affected.
(4) We will save your order information. If you lose your documents concerning your orders, please contact us via email, fax or telephone. We will gladly send you a copy of your order data.
(5) Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find online at http://ec.europa.eu/consumers/odr/.
We endeavour to settle any disagreements arising from our contract with the customer amicably. We are neither willing nor obligated to participate in any dispute resolution procedures in front of a consumer dispute resolution body.
8 Supplier
artSOLITAIRE is a brand of the
ars mundi Edition Max Büchner GmbH
Bödekerstraße 13
30161 Hanover
Germany
Phone +49 511 34843-810 (24 hrs. available)
Fax +49 511 34843-876
Managing Director: Dr. oec. HSG Max-Georg Büchner
Amtsgericht Hanover, HRB 50311 VAT registration number: DE 206 564 762