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terms and conditions | customer info

§ 1 Scope

These terms and conditions apply to all purchases made by private customers from mgAusDemFarbtopf, Bilder Kreativ und Vivid Imprint .

Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or self-employed professional activity.

The following general terms and conditions in the version available on the Internet at the time of the order apply exclusively to business relationships between mgAusDemFarbtopf, Bilder Kreativ und Vivid, and the buyer. This can also be requested by e-mail, see Contact.

The homepage is available in German, the contract language is German.

§ 2 contractual partners

The contractual partner of the buyer is mgAusDemFarbtopf, creative and lively pictures, see imprint .

§ 3 Conclusion of contract

​By placing an order by e-mail, telephone or in person, the customer submits a binding contract offer. 

The contract is concluded when the order placed by the customer is accepted by a written order confirmation from mgAusDemFarbtopf.

The customer receives all contract data, i.e. billing and delivery address, payment method, the selected product as well as the costs of the order and the expected production date, again in an order/confirmation email. In addition, the contract information is stored by the seller.

 

§ 4 Prices

The goods are delivered at the prices valid on the day the order is placed and in the order confirmation and stated on the website of mgAusDemFarbtopf, Bilder Kreativ und Lebig.

See also prices .

Due to the small business status according to § 19 UStG I do not charge sales tax and therefore do not show it.

§ 5 shipping costs

The free delivery takes place within Germany, exclusively via DHL in standard shipping.

Bulky goods - packages/pictures with a volume larger than 1 square meter - are usually delivered by a forwarding agent and are also free of charge within Germany.

See also shipping costs .

I shall bear the regular costs of the return, which arise in the event of a return of the goods by you exercising your right of withdrawal .

I am happy to create an individual offer for shipping abroad, as additional customs fees may apply and shipping fees may differ from standard shipping within Germany.

Please contact me!

§ 6 Delivery/Return

 

1. The delivery is made to the delivery address specified by the customer, free of charge within Germany in standard DHL shipping.

         
2. If force majeure - natural disasters, war, civil war, terrorist attack - makes the delivery or any other service permanently impossible, mgAusDemFarbtopf, Bilder Kreativ und Lebig is excluded from any obligation to perform. Amounts already paid will be refunded immediately by mgAusDemFarbtopf, Bilder Kreativ und Lebig.

3. mgAusDemFarbtopf, Bilder Kreativ und Lebig can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by mgAusDemFarbtopf, Bilder Kreativ und Lebig.

4. Bulky goods - packages/pictures with a volume larger than 1 square meter - are usually delivered by a forwarding agent. mgAusDemFarbtopf, Bilder Kreativ und Vivid expressly points out that these goods will not be carried into the house by the carrier. 

5. Please use the original packaging when returning the goods.

6. However, if you choose an unnecessarily expensive shipping method or service provider - other than DHL in standard shipping - you are obliged to bear the increased costs yourself.

​​

§ 7 Payment and default of payment

In the case of payment against invoice, the invoice amount must be paid by the customer within 7 days of the delivery of the goods.

The invoice is sent by e-mail -electronic form- and is free of charge.

If you are in default of payment, mgAusDemFarbtopf, Bilder Kreativ und Lebig is entitled to demand interest on arrears at a rate of 5 percentage points above the base interest rate pa announced by the Deutsche Bundesbank for the time of the order. If mgAusDemFarbtopf, Bilder Kreativ und Vivid has demonstrably incurred a higher damage caused by delay, mgAusDemFarbtopf, Bilder Kreativ und Lebendig is entitled to assert this.

§ 8 Retention of title

Until all claims against the customer from the purchase contract have been settled in full, the delivered goods remain the property of mgAusDemFarbtopf, Bilder Kreativ und Lebig. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.

§ 9 Right of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 10 Right of Withdrawal

All information on the right of cancellation can be found here: Instructions on cancellation and cancellation return form .

 

Please remember that your monitor and graphics card may cause the original colors of my pictures to differ slightly from the colors you see on my homepage! 

 

§ 11 Complaints / Arbitration

From February 15, 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Dispute resolution platform available at http://ec.europa.eu/consumers/odr/ .

You can reach us at: Contact

 

§ 12 Claims for defects

The statutory provisions apply to the rights of the customer in the event of defects in quality and title, unless otherwise specified below. If the goods have a defect, the customer is entitled to choose between subsequent performance in the form of remedying the defect -repair- or delivery of a new defect-free item -subsequent delivery-. However, mgAusDemFarbtopf, Bilder Kreativ und Lebig is entitled to refuse the selected type of supplementary performance if this can only be carried out at disproportionate costs and if the other type of supplementary performance would not entail any significant disadvantages for the customer. If the supplementary performance fails, the customer can reach an agreement with the seller and either withdraw from the contract or reduce the purchase price.

1. A product that is already defective upon delivery will be replaced by mgAusDemFarbtopf, Bilder Kreativ und Lebendig with one that is free of defects or professionally repaired (subsequent performance) at the expense of mgAusDemFarbtopf, Bilder Kreativ und Vivid at the customer's discretion. The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:

a)  for damage caused by misuse or improper use by the customer,

b)  for damage caused by the products being exposed to harmful external influences at the customer - in particular extreme temperatures, humidity, extraordinary physical stress, fire and so on.

 

2. Furthermore, mgAusDemFarbtopf, Bilder Kreativ und Vivid provides no guarantee for a defect caused by improper repair/installation/hanging of the picture by the buyer.

3. If the type of supplementary performance desired by the customer - replacement delivery or repair - requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's performance interests - in particular the value of the If the object of purchase is in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. mgAusDemFarbtopf's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected. 

4. Both in the event of repairs and in the event of a replacement delivery, the customer is obliged to send the product to the return address specified by mgAusDemFarbtopf, Bilder Kreativ und Vivid, stating the name of the image, at the expense of mgAusDemFarbtopf.

5. If the customer sends in the goods to get a replacement product, the return of the defective product is based on the following proviso:

If the customer was able to use the goods between delivery and return in a defect-free condition, he must reimburse the value of the benefits he has gained. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product,

a) if mgAusDemFarbtopf, Bilder Kreativ und Vivid is responsible for the deterioration or the loss or if the damage would also have occurred at mgAusDemFarbtopf,

b)  if the deterioration or loss has occurred at the customer's site, although the customer has observed the care that he uses in his own affairs.

6. The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.

 

7. The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product/image within a reasonable period. 

8. The manufacturer's guarantee - for stretcher frames, suspension and colors - is a guarantee from the manufacturer and does not represent the assumption of a guarantee by mgAusDemFarbtopf, Bilder Kreativ und Lebig.

§ 13 Warranty

The pictures are sold with the exclusion of any warranty - after the expiry of § 11 claims for defects. The exclusion does not apply to claims for damages resulting from grossly negligent or intentional breach of the seller's obligations or any injury to life, limb or health.

Section 14 Liability

1. mgAusDemFarbtopf, creative and lively pictures, is liable for damages caused by intentional or grossly negligent behavior on the part of mgAusDemFarbtopf, creative and lively pictures, in accordance with the statutory provisions. 

2. In the event of slight negligence, mgAusDemFarbtopf is only liable in the event of a breach of essential contractual obligations and is limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. For other slightly negligent damage caused by a defect in the purchased item, mgAusDemFarbtopf, Bilder Kreativ und Lebendig is not liable.

3. Irrespective of whether mgAusDemFarbtopf, Bilder Kreativ und Vivid is at fault, mgAusDemFarbtopf remains liable in the event of fraudulent concealment of the defect.

The manufacturer's guarantee - for the stretcher frame, suspension and colors - is a guarantee from the manufacturer and does not represent the acceptance of a guarantee by mgAusDemFarbtopf, Bilder Kreativ und Lebig.

4. mgAusDemFarbtopf, Bilder Kreativ und Lebig is also responsible for the accidental impossibility of delivery that occurs during the delay, unless the damage would have occurred even if the delivery had been made on time.

5. The personal liability of Mario Grasberger, mgAusDemFarbtopf, Bilder Kreativ und Lebig for damages caused by him through slight negligence is excluded.

 

§ 15 Damage in transit

1.   If the delivery is made to the delivery address you have provided, mgAusDemFarbtopf will use a freight company (DHL or a similar company) for this purpose. According to the law, the risk of the goods being lost or damaged during transport in relation to the customer is borne by mgAusdemFarbtopf, provided you are not in default of acceptance.

 

2 .  In order for mgAusDemFarbtopf to be able to secure any claims due to transport damage against the transport company, externally visible transport damage must be reported to the courier upon delivery of the order; Transport damage that is not visible from the outside must be reported to the transport company by us at the latest within 7 days after delivery by the transport company to the customer, otherwise mgAusDemFarbtopf will assume that the order was delivered without transport damage. mgAusDemFarbtopf is therefore dependent on your support in this context and requires the following documents in the event of damage as follows:

a. Shipping document with corresponding damage note and confirmation by the driver/deliverer

b. Delivery note copy

c. Documentation of the damage (photos)

i.e. Notification of further procedure (return, replacement, depreciation)

 

3. Externally visible transport damage:

In principle, there is no obligation for you to open the package upon delivery and examine it for transport damage. However, if transport damage is reasonably probable, e.g. because the package is clearly damaged, crushed or torn open from the outside, please open the package in the presence of the courier and check whether the contents are damaged. However, the above is limited to checking the goods for easily recognizable transport damage, eg whether the goods are broken, deformed or damaged. If transport damage is found during this check, this must be reported to the courier and confirmed by the courier. The postman is obliged to do so. Please leave the goods - as far as possible - in the original packaging and do not use them any further. Please inform me immediately of the damage by phone on 0177/ 321 96 07 or by e-mail at mgAusDemFarbtopf@t-online so that I can take care of the settlement.

4.   Transport damage not visible from the outside:

So that I can protect my rights against the transport company, I ask you to unpack the delivered goods within 4 days of delivery at the latest. If you find out when unpacking that the delivered goods are damaged, please leave the goods in the original packaging as far as possible and do not use it. Please inform us immediately of the damage by telephone on 0177/321 96 07 or by e-mail at mgAusDemFarbtopf@t-online.de so that I can take care of the settlement.

5.  Your warranty claims due to any transport damage are of course not affected by the above regulations, but they help me a lot in handling transport damage.

 

§ 16 Data Protection, Data Backup

With regard to the regulations relating to data protection and data backup, reference is made to the separate data protection declaration. You can find everything about data protection and cookies here Data protection cookie .

If necessary for the complete processing of the orders, the personal and image data collected when the order is placed will be passed on to vicarious agents of mgAusDemFarbtopf, Bilder Kreativ und Lebig within the framework of an order data agreement in accordance with §11 BDSG.

 

Section 17 Applicable Law

The contract concluded between the customer and mgAusDemFarbtopf, Bilder Kreativ und Lebig is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention. This does not affect the mandatory provisions of the state in which you have your habitual residence.

 

§ 18 Jurisdiction

If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Cologne in the federal state of North Rhine-Westphalia -Westphalia, Federal Republic of Germany.

 

§ 19 Final Provisions

 

The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory provisions of the country in which the customer has his usual place of residence remain unaffected.

If the customer does not have a general place of jurisdiction in Germany or if he has moved his place of residence abroad after the conclusion of the contract or if his place of residence is not known at the time the action is filed or if the customer is a merchant and is acting in this capacity, the place of jurisdiction for all disputes is the registered office of mgAusDemFarbtopf, pictures Creative and alive.

Should individual provisions of this contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this will not affect the validity of the remaining provisions, provided that a contractual partner is not unreasonably disadvantaged by this.

Changes or additions to this contract must be in writing.

Status: April 2022

 

 

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