Terms & Conditions

General Terms and Conditions

 

ARTPIQ GmbH 

 

 1.  Field of Application

These general terms and conditions apply to the ordering of works of art on the Internet platform of ARTPIQ.

 2. Contractual Partner

The contractual partner of the client is:

ARTPIQ GmbH

Rheinallee 25

40549 Düsseldorf

Germany

Email: [email protected]

Tel: 0049 172 587 3336

 

3. Conclusion of the Contract

By clicking on the button "buy now" the customer makes a binding offer for the purchase of the goods in the shopping cart, and agrees to the validity of these terms and conditions.
 
An order confirmation sent by ARTPIQ confirms the content and access to the customer's order for ARTPIQ. However, it does not constitute acceptance of the customer's offer. ARTPIQ will accept this either by sending a shipping confirmation or by shipping the artwork within 7 business days from receipt of the customer's order. If there is no confirmation sent before this deadline, ARTPIQ has not accepted the offer. In this case the pre-paid purchase price will be refunded to the customer.

 4. Delivery

Unless a definite delivery date has been expressly agreed, any information is non-binding.

The start of the delivery period specified by ARTPIQ requires the timely and proper completion of all the necessary customer’s obligations. We reserve the right to enter an objection to an incomplete contract.

Within 2 weeks of exceeding a non-binding delivery date /delivery deadline, the customer is entitled to ask ARTPIQ in writing to deliver within a reasonable period of time. Should ARTPIQ be responsible for the failure to comply with an express delivery date or delivery period or be in default for any other reason, the customer must grant ARTPIQ a reasonable period of grace to complete the delivery. If ARTPIQ lets the period of grace pass without completion of the delivery, the customer is entitled to withdraw from the purchase contract.

If the customer is in default of acceptance or if he is guilty of not fulfilling his other obligations in respect of his cooperation with us, ARTPIQ is entitled to demand compensation for the resulting damage, including any additional expenses, from the customer. Further claims are not ruled out. For his part, the customer has the right to prove that the estimated damage did not occur at all, or was substantially less. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the time at which the latter is in default of acceptance or payment.

Further legal claims and rights of the customer due to a delay in delivery shall remain unaffected.

 5. Prices and Payment

All prices on the Internet platform of ARTPIQ are in euros and are inclusive of applicable statutory value added tax.

Packaging, delivery and shipping costs are not included in our prices, but are added when checking out goods. 

Any customs duties and sales tax on imports are not included in the price and must be accepted by the customer.

The payment methods displayed at the completion of the ordering process are available to the customers.

If a charge to the account of the customer via direct debit fails and the customer is at fault, the customer must reimburse ARTPIQ for any resulting bank charges.

An individual payment method with ARTPIQ can also be arranged. However, this must always be done in writing.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

 

6. Cancellation Policy

Insofar as the customer is a natural person who concludes a legal transaction for a purpose which, for the most part, can neither be attributed to his commercial nor to his independent professional activity, he or she has a right of withdrawal pursuant to § 312 g i. V. m. § 355 BGB (German Civil Code).

Right of Withdrawal

You have the right to cancel this contract within 7 days without giving reasons. Under a purchase agreement, the cancellation period is 7 days from the date on which you or a third party nominated by you, who is not the carrier, has taken possession of the goods. In the case of a contract for several items that you have ordered in a single order and that are delivered separately, the cancellation period will be 7 days from the date on which you or a third party named by you who is not the carrier has taken possession of the last item from the order. In the case of a contract for the supply of an item in several partial shipments or pieces, the cancellation period of 7 days starts from the date on which you or a third party nominated by you, who is not the carrier, has taken possession of the final part of the shipment. In the case of a contract for the regular delivery of goods over a fixed period of time, the cancellation period shall be 7 days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the first item.

To exercise your right of cancellation, you must contact ARTPIQ (Rheinallee 25, 40549 Dusseldorf, E-mail [email protected], Tel. 0172/5873336) by means of a clear statement (eg a letter sent by mail or E-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, however this is not compulsory. To maintain the cancellation period you are required to inform us that you are availing yourself of your right to withdraw in writing before the withdrawal deadline is passed.

Consequences of cancellation: 

If you withdraw from the contract, we are obliged to repay all the payments we have received from you immediately and at the very latest within fourteen days from the day on which your notice of your cancellation of this contract has been received by us. This includes delivery charges except for additional costs that may have arisen from the fact that you used a different delivery method than the cheapest delivery option offered by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; you will not be charged for these repayment fees. We may refuse repayment until the goods have been returned or until you have provided proof that you have sent the goods back, whichever is the earlier. You must return the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract to ARTPIQ GmbH, Rheinallee 25, 40549 Düsseldorf. The deadline is met if you send or hand over the goods before the expiry of the period of fourteen days. We bear the cost of returning the goods. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.

Sample Withdrawal Form

In the event that you want to cancel the contract, please fill out this form and send it to the following address:

ARTPIQ GmbH

Rheinallee 25

40549 Düsseldorf

E-Mail: [email protected]

I/we hereby withdraw (*) me/us (*) from the contract of sale of the following goods (*) / the provision of the following services (*)

_______________________________________________

 Ordered on the (*) /received on the (*)

_______________________________________________

Name of the customer(s)

 

Address of the customer(s)

_________________________________________________________________

Signature of the Customer(s) (Only if communicating by paper) 

Date

 

(*) Please delete as appropriate

7. Offsetting and Retention Rights

The Customer shall only be entitled to offsetting if the counterclaim is uncontested, is at a stage appropriate for adjudication or is legally enforceable. The customer is also entitled to offset against our claims if he claims for defects or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

8. Retention of Title

Goods supplied by us to the Customer remain our property until payment has been settled in full. To the extent permitted by the law applicable to retention of title, the retention of title shall remain in force until the full payment of all claims arising from the business relationship with the Customer.

The customer is obligated, as long as the property has not been transferred to him, to handle the purchased goods with care. In particular, he is obliged to adequately insure these at his own expense against theft, fire and water damage for their total value as new (Please note: Only permissible for the sale of high-quality goods). If maintenance and inspection work has to be carried out, the customer has to carry it out at his own expense and within the time limit. As long as the ownership has not been transferred, ARTPIQ shall immediately notify the customer in writing if the delivered item is seized or otherwise exposed to third-party intervention. Insofar as the third party is not in a position to reimburse ARTPIQ for the legal and extrajudicial costs of a claim in accordance with § 771 ZPO (Code of Civil Procedure), the customer is liable for the loss incurred by ARTPIQ.

 9. Warranty and Defects

Insofar as the information contained on our Internet platform and other offer documents has not been expressly designated as binding by ARTPIQ, the illustrations or drawings contained therein are only approximate, insofar as the work of art does not have the quality agreed between the customer and ARTPIQ, or if it is not suitable for the purpose or use generally required by our contract, or if it does not have the characteristics which the customer could expect after our public statements, we are obliged to fulfill our commitments. This does not apply if we are entitled to refuse supplementary performance due to statutory provisions.

The customer can only press a valid claim because of defects if the supplementary performance has failed or if we have refused it. The right of the customer to assert further claims for damages under the following conditions remains unaffected.

Without prejudice to the above provisions and the following limitations of liability, ARTPIQ is fully liable for damage to life, body and health, which is due to negligent or intentional breach of duty by our legal representatives or vicarious agents, as well as for damages, which are covered by the liability according to the product liability law, as well as for all damages, which are based on intentional or grossly negligent breaches of contract as well as malice, by our legal representatives or our vicarious agents. Insofar as we have given a quality and / or durability guarantee with regard to the goods or parts thereof, we are also liable under this guarantee. However, we are only liable for damages resulting from the failure of guaranteed quality or durability but not directly of the goods, if the risk of such damage is clearly covered by the guarantee of quality and durability.

ARTPIQ is also liable for damages caused by simple negligence, as far as this negligence concerns the breach of contractual obligations, compliance with which are of particular importance for the purpose of completion of the contract (cardinal obligations). Our liability is limited to the typical and predictable damage that would have been prevented through observation of the violated obligation. Furthermore we are not liable for simple negligent breaches of non-contractual obligations. The limitations of liability contained in sentences 1-3 also apply insofar as the liability for statutory representatives, executive employees and other vicarious agents is concerned.

Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

The warranty period is 2 years, calculated from the transfer of risk. This period also applies to claims for compensation for resulting damages, unless claims are made in tort.

10. Miscellaneous

For this contract and the entire legal relations of the parties the law of the Federal Republic of Germany applies. The UN Sales Convention (CISG) does not apply.

Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions remain unaffected.

Changes or additions to these terms and conditions must be made in writing. Otherwise they are null and void. This also applies to changes of this clause.

The legal jurisdiction is the seat of ARTPIQ GmbH, insofar as the customer is a merchant in the sense of the Commercial Code, a legal entity under public law or a special fund under public law. The same applies if the customer has no domicile or usual residence in the Federal Republic of Germany.

Should any provision of these terms and conditions be or become invalid, the order placed and the remaining provisions of these conditions of sale remain effective. An ineffective provision will be replaced by a provision which comes closest to the original economic intent.