General terms and conditions
Scope
For all deliveries of Kunsthaus Weinstock (seller) to consumers or entrepreneurs (customer), these General Terms and Conditions (GTC) apply. The customer acknowledges the validity of these GTC within the framework of the order process by clicking on the field " With the order you agree to our General Terms and Conditions, Cancellation Policy and Privacy Policy." and sending the completed order form.
These GTC of Kunsthaus Weinstock apply to all contracts that a customer concludes with the seller with regard to the goods presented by the seller in this web store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC 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 independent professional activity.
Contracting party
The purchase contract is concluded with
Gallery Kunsthaus Weinstock
Lahnstraße 2
D-65195 Wiesbaden
Owner: Dr. Daniela Weinstock
Ust-ID-No.: DE322468182
The customer must have reached the age of 18.
Conclusion of contract
The presentation of the products in the web store does not constitute a legally binding offer, but only an invitation to order.
By clicking the button [Buy now] the customer places a binding order of the goods listed in the shopping cart at that time. The purchase contract is concluded when the seller accepts the order by sending an order confirmation by e-mail within 5 days, but at the latest with the delivery of the ordered goods.
In the event that the goods are no longer available, the customer will be informed within 5 days by phone or e-mail. This will result in the cancellation of the order.
Before bindingly placing the order via the Seller's web order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries during the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions until he clicks the [Buy Now] button.
The customer has the option to print these GTC with the "print function" of the Internet browser or to save the corresponding web page locally.
The information provided by the customer in the context of the order, are the basis for the preparation of the invoice. Requests for changes to an invoice must be requested separately.
Orders are stored by the seller after the conclusion of the contract. If the customer loses the documents related to an order, please contact the seller by e-mail or telephone. The seller will then send a copy of the order data.
The contract language is German.
Right of withdrawal
Consumers are generally entitled to a right of withdrawal.
Further information on the right of revocation can be found in the revocation policy at: https://kunsthaus-weinstock.de/widerrufsbelehrung.
Prices and shipping costs
The prices stated in the shopping cart system and on the order page include the statutory sales tax and other price components.
In addition to the stated prices, the seller charges a flat rate of at least 5.50 euros per order for packaging and delivery within Germany - depending on the shipping method. The packaging and shipping costs are again clearly communicated to the buyer in the shopping cart system and on the order page.
Delivery
Delivery is only within Germany.
The delivery time is up to 14 days.
Payment
Payment can be made in cash upon personal collection at Kunsthaus Weinstock in Wiesbaden, in advance or via Paypal.
If the payment method prepayment is selected, the customer will be informed of the bank details in the order confirmation and the goods will be delivered after receipt of payment.
In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (PayPal), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
The seller reserves the right to expressly authorize a third party to request payment from the customer or to collect payment. If such a case exists, the payment made to the third party shall at the same time be deemed to discharge the seller from debt. A payment shall only be deemed to have been made when the Seller or the third party authorized by the Seller can dispose of the amount.
In the event of a delay in payment, the Seller shall be entitled to charge default interest for consumers in the amount of 5 percentage points and for entrepreneurs in the amount of 9 percentage points above the respective base interest rate of the ECB according to the Discount Transition Act. Each party reserves the right to prove a deviating damage.
Refunds of the purchase price will be made, as far as possible, by the same payment method as the payment was made by the customer to the seller.
Retention of title
With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed. With respect to entrepreneurs, the seller retains ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship.
The EU Commission has created an Internet platform for web dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from web purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. The seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Warranty and liability
If the purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, purchasers in the European Union have warranty rights for a period of two years from the date of delivery of the goods and may demand the repair or replacement of the purchased products if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
If the customer is an entrepreneur, he is obligated to inspect the delivered goods for defects immediately upon receipt and to notify us of any defects in writing within 14 working days, otherwise the assertion of warranty claims is excluded.
The warranty is provided in accordance with the statutory provisions.
Offsetting, retention
The customer, insofar as he is an entrepreneur, may only offset such claims that are undisputed, legally established or disputed but ready for decision.
The entrepreneurial customer shall only be entitled to a right of retention insofar as it is based on the same contractual relationship.
Vouchers
Gutscheine, die über den Web-Shop des Verkäufers käuflich erworben werden können ausschließlich persönlich in der Galerie des Verkäufers in Wiesbaden eingelöst werden. Gegen pyhsische Übergabe eines (oder mehrerer) Gutscheine an den Verkäufer kann der Gutschein (bzw. die Gutscheine) ausschließlich gegen – zu diesem Zeitpunkt verfügbare – Ware des Kunsthauses Weinstock getauscht werden. Der aufgedruckte Wert auf dem Gutschein entspricht dann dem Bruttoeinkaufswert zu diesem Zeitpunkt.
Vouchers and remaining voucher credits are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits remain on the voucher until the expiration date and can be used for the next purchase.
Several vouchers can also be redeemed per order.
If the value of the voucher is not sufficient to cover the order, another payment method offered by the seller can be chosen to settle the difference.
The credit or remaining balance of a voucher is neither paid out in cash nor does it earn interest.
A voucher is transferable.
There is no right by the buyer to exchange or take back an already purchased voucher by the seller. In case of theft or loss, the purchase amount will not be refunded.
Use of customer data
With regard to all data concerning the business relationship with the customer, the data protection provisions apply, which can be found in the corresponding web store at: https://kunsthaus-weinstock.de/datenschutz/. In case of further questions on the subject of data protection, requests for information or changes, the seller is available to the customer at info@kunsthaus-weinstock.de.
Jurisdiction, Applicable Law, Partial Invalidity
- For all legal disputes arising from the contract between the seller and customers who are entrepreneurs, Wiesbaden is agreed as the place of jurisdiction. The seller shall also be entitled to bring an action at the customer's place of business.
- German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- In the event that individual provisions of these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid. The relevant statutory provisions shall apply in place of the invalid provisions.