Terms and Conditions
§ 1 Scope of application
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur 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.
An entrepreneur 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. For entrepreneurs, these GTC also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
§ 2 Contractual partner, conclusion of contract
The purchase contract is concluded with Bildergipfel oHG. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order takes place by e-mail shortly after sending the order. When the contract with us is concluded depends on the payment method you have chosen:
Invoice
We accept your order by sending an order confirmation in a separate e-mail or by delivering the goods within 20 days.
Payment in advance
We accept your order by sending an order confirmation in a separate e-mail within two days in which we will give you our bank details
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thus accept your offer. We will also send you an order confirmation in a separate e-mail.
§ 3 Contract language, contract text storage
The language available for the conclusion of the contract is German. We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login.
§ 4 Terms of delivery
In addition to the stated product prices, shipping costs are added. Details of shipping costs you will find in our offers and in our website. You have the option to collect at Bildergipfel oHG, Schwindstr. 17, 95447 Bayreuth, Germany during the following business hours: Weekdays 9:00 a.m. to 5:00 p.m. or by appointment in Munich too.
§ 5 Payment
The following payment methods are available in our shop::
Payment in advance
We will inform you about our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must first be registered at PayPal, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal instantly.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal. If you have chosen the payment method PayPal, you must be registered there in order to be able to pay the invoice amount or first register and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
As part of the PayPal Plus payment service, we offer you various payment methods. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal.
If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further information during the ordering process.
Credit Cards
Its also possible to pay with credit cards via PayPal.
Invoice
8 days payment period upon receipt of the goods. We reserve the right to offer the purchase on account only after a successful credit check.
§ 6 Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
§ 7 Transport Damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
§ 8 Warranty
We work with the utmost care and attach great importance to the correct and motive-appropriate execution of your order. Please note that the display on monitors differs in color from the printing and frame colors. Even minor deviations in moderation are possible and do not constitute a reason for complaint. Please note that the surfaces of the prints are sensitive and must be handled carefully.
We only use high-quality papers and printing inks that have a shelf life of more than 100 years under museum archive conditions according to a recognized institute. The photo materials used are also carefully processed by us. We are happy to provide the corresponding data sheets and test results of our material suppliers on request. Prints and photo exposures that are exposed to daylight or other strong light sources or are exposed to unfavorable environmental conditions such as moisture, varnishes, detergents, etc. can fade and age faster. Bildergipfel oHG assumes no liability for such change processes.
Otherwise, the statutory warranty period is 2 years and begins with the handover of the goods. Excluded from the warranty are damages that are due to natural wear and tear, improper use and lack of or incorrect care or storage. For use in outdoor areas or rooms such as swimming pools, saunas, cellar rooms or the like, the prints are not suitable.
In the event of a warranty claim, we reserve the right, at our discretion, to first offer repair or new delivery. Up to two attempts at rectification are possible. Thereafter, the customer has the right to reduce the purchase price or to withdraw from the contract. The retrieval of the goods is arranged by Bildergipfel oHG and is free of charge. The original packaging must be used for return shipping.
For limited editions, Bildergipfel oHG ensures that no more than the communicated number of images are produced, excluding two artist proofs.
§ 9 Retention of title
The delivered goods remain our property until full and final payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
§ 10 No granting of rights, exhibitions
By purchasing a photographic print or print, you only acquire ownership of the print. No other rights of use are granted. Any reproduction (duplication), distribution, rental, making available to the public or other analogue or digital exploitation is not permitted. However, you can resell the print with reference to the limited rights.
In individual cases, the public exhibition of acquired works of art requires the consent of the artist concerned or the holder of the photographic rights. Our products are sold exclusively to end users. A sale to commercial resellers takes place by agreement, a commercial use requires in any case a separate agreement with the Bildergipfel oHG.
§ 11 Liability
We shall always be liable for claims due to damages caused by us, our legal representatives or vicarious agents.
- • bei Verletzung des Lebens, des Körpers oder der Gesundheit,
- • in the event of injury to life, limb or health,
- • in the event of intentional or grossly negligent breach of duty,
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely, due to slight negligence on our part, our legal representatives or vicarious agents, the liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
§ 12 Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops Qualitätskriterien
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf
§ 13 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you https://ec.europa.eu/consumers/odr/ find here (https://ec.europa.eu/consumers/odr/). Consumers have the opportunity to use this platform to resolve their disputes. In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The General Consumer Arbitration Board of the Centre for Conciliation e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de (http://www.verbraucher-schlichter.de) is responsible. We will participate in a dispute resolution procedure before this point.
§ 14 Final Clause
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business location.