General Terms and Conditions of Sale
1. Scope of application of the GCV
The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reserve, to all sales concluded by Andreas Gärtner (hereinafter referred to as "Seller") to non-professional buyers (hereinafter referred to as "Buyer(s)"), wishing to acquire one or more art prints (hereinafter referred to as "Work(s)") offered for sale on the shop.andreasgaertner.de website.
The Purchaser declares to have taken knowledge of the present GTC and to have accepted them by notching the box envisaged for this purpose at the time of the procedure of order on line of the shop.andreasgaertner.de site.
The data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Buyer.
2. Characteristics of the works
The artworks sold on the shop.andreasgaertner.de website are numbered and signed art prints by the artist Andreas Gärtner. They are delivered with a certificate of authenticity.
The characteristics of the Works and format are detailed in individual cards available in the various categories of the e-shop proposed at the address shop.andreasgaertner.de. The purchaser is held to take note of these characteristics before placing order. The Works are delivered without framing or finishing touches.
The colours of the art Work may vary between the display on the Buyer's screen and the physical prints received by the Buyer. This is due to the wide variety of monitor technologies available and their ability to render all colours of the spectrum. Andreas Gärtner uses a calibrated screen with colors that conform to the results on paper. Andreas Gärtner cannot be held responsible if the colours of the prints do not conform to what the Buyer sees on his screen.
The Works are invoiced at the rates in force appearing on the site shop.andreasgaertner.de, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros including taxes.
The prices take into account possible reductions which would be granted by the Salesman on the shop.andreasgaertner.de site.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.
Prices do not include shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Buyer corresponds to the total amount of the purchase, including these costs.
For all sales, an invoice is drawn up by the Seller and sent to the Buyer by email and a physical copy is sent upon delivery of the Works ordered.
In the event of an order to a country other than Germany, the Purchaser is the importer of the Work(s) concerned. For all Works sent outside the European Union, the price will be calculated exclusive of tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by the Buyer and are his sole responsibility.
It is up to the Purchaser to select on the site shop.andreasgaertner.de the Works which he wishes to order, according to the following methods:
The Buyer can select a work and find a description sheet as well as photographs presenting in particular its support, its dimensions and its nature.
To order the work, the Buyer must select the work, place it in his basket and fill in the information necessary for the order. Before confirming the order, the Buyer must check the information contained in the order summary, and has the possibility to correct any errors in the elements entered. They can also check the delivery costs.
Once the order has been placed, the Buyer will be immediately debited for the amount of the order placed.
The price is paid by secure payment by PayPal only.
The data of payment are exchanged in encrypted mode thanks to the protocol defined by the approved provider of payment intervening for the banking transactions carried out on the mathisteis.com site.
Payments made by the Buyer shall not be considered final until the Seller has actually collected the amounts due.
The Seller shall not be obliged to deliver the Works ordered by the Buyer if the Buyer does not pay the price in full in accordance with the conditions indicated above.
The products ordered by the Buyer are delivered in Germany and in the European Union as well as in different areas of the world. During the ordering process, the Buyer must enter his/her delivery address and will be informed if delivery is possible for his/her country.
Delivery times may vary according to the country of destination.
Deliveries are made by an independent carrier to the address given by the Buyer at the time of ordering and to which the carrier has easy access.
In the event of a particular request from the Buyer concerning the conditions of packaging or transport of the Works ordered, a specific additional invoice will be issued. The Seller will send a written estimate which must be accepted in writing by the Buyer.
The buyer is required to check the condition of the delivered Works. He/she has a period of 48 hours from the date of delivery to make complaints by email to the address [email protected].The Seller shall be entitled to claim for any damage to the works of art, accompanied by all the relevant proofs (in particular photos). After this period and if these formalities have not been respected, the works will be deemed to be in conformity and free of any apparent defect and no claim can be accepted by the Seller. The Seller will reimburse or replace, as soon as possible and at his own expense.
The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Buyer takes physical possession of the Work. The products therefore travel at the Seller's risk, except when the Buyer has chosen the carrier himself. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
7. Transfer of ownership
The transfer of ownership of the Works from the Seller to the Buyer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Works.
8. Right of withdrawal
The Buyer has a period of 14 days from the delivery of the Work to exercise his right of withdrawal from the Seller, without having to give any reason.
In order to exercise his right of withdrawal, the Buyer shall inform the Seller in writing at the following email address [email protected].
The Buyer then has a period of 14 days following the withdrawal to return the Works. The return costs will be charged to the Buyer.
The works must be returned in their original condition (packaging, certificates of authenticity and accessories). If these conditions are not met, the works will not be returned or reimbursed, the Seller reserving this choice at its sole discretion.
In the event that the right of withdrawal is exercised, the Seller will proceed with the reimbursement of the sums paid, within 14 days following receipt of the Work in its premises and via the same means of payment as that used for the order.
9. Applicable law
These GTCs and the transactions arising from them are governed by and subject to German law.
GTC edited on 1. November 2022 by Andreas Gärtner