Allgemeine Geschäftsbedingungen

kunststoff.
Mike Jochum & Philipp Stalder GbR

Administration:
Max-Hecker-Straße 22
D-64646 Heppenheim
Telefon: +49 (0) 6251 8286005
E-Mail:  info@kunststoffpunkt.de 

Tax number: 005 332 30210
USt-IdNr.:  DE344565024

 

1. Scope of application

(1) Our General Terms and Conditions of Business (GTC) shall apply exclusively; we do not recognize any terms and conditions of business of the customer that conflict with or deviate from these terms and conditions, unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions are contrary to or deviate from our terms and conditions.

(2) If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law pursuant to Section 310 (1) sentence 1 of the German Civil Code (hereinafter referred to as "Entrepreneur"), our GTC in their respective version shall also apply as a framework agreement for future supply contracts with the same Customer without us having to refer to them again in individual cases; we shall inform the Customer immediately of any changes to these GTC in this case.

2. Order process and contract conclusion

(1) The offers of goods presented in our online store are subject to change. Our representations of products are to be seen only as information about the quality and do not constitute an offer, but a non-binding invitation to the customer to order.

(2) By clicking the button "Add to shopping cart", the customer can place the respective goods in the virtual shopping cart. Placing the goods in the virtual shopping cart is non-binding; it does not constitute an offer to conclude a contract.

(3) Before submitting an order, the content of the shopping cart, including the customer data, is summarized for the customer on an overview page. First, the customer has the opportunity to change or add to the order on the overview page in the shopping cart. After clicking "continue" the customer is asked to decide whether he wants to order as a guest or whether he wants to create a customer account. Existing customers with a customer account can log in with the assigned username and password.

Insofar as the customer wishes to order as a guest, he will be requested to enter the data required for the order. After entering the data or registering, the customer is taken to the order overview. There he can correct all order data via the provided change fields. The customer assures that all information provided by him when ordering or registering in the online store - name, address, e-mail address, telephone number, bank details - are true. Changes are to be communicated immediately.

(4) By clicking the "Buy now" button, the customer submits a binding offer to conclude a purchase contract. After the order has been received by us, the customer will receive an automatically generated e-mail as confirmation of receipt of his order. This does not constitute acceptance of the contract. A contract is then concluded by sending the order confirmation or by delivery of the goods. The customer is - regardless of the existing right of withdrawal for orders as a consumer - bound to his order for 2 working days for goods that are marked as "deliverable". Otherwise, the binding period shall be 5 working days at the longest.

(5) The customer can save and/or print out the content of his order immediately after placing his order or - if he has a user account - also view it later at any time via the "Account" function. The contractual provisions including these GTC shall be made available to the customer in text form upon submission of his order, at the latest upon delivery of the goods.

3. Possibility to save and print the GTC / contract language

(1) The customer can download, save or print these General Terms and Conditions at any time on our website. The customer can access the printout or save via the usual function of the respective Internet browser used. There is also the possibility to download and archive this document in PDF form (for this purpose please click here). To open the PDF file, the free program Adobe Reader (at www.adobe.de) or comparable programs that can handle the PDF format are required. It is also possible to wait for the order confirmation, which we will send to the customer by e-mail after completion of his order to the e-mail address provided by him. This order confirmation email contains once again the data of the order as well as our terms and conditions and can be easily printed or saved. click here). To open the PDF file, the free program Adobe Reader (at www.adobe.de) or comparable programs that can handle the PDF format are required. It is also possible to wait for the order confirmation, which we will send to the customer by e-mail after completion of his order to the e-mail address provided by him. This order confirmation email contains once again the data of the order as well as our terms and conditions and can be easily printed or saved.

(2) The contractual language is German.

4. Payment and prices

(1) The prices stated in our online store include the statutory value added tax. They are marked by the addition "incl. VAT".

(2) Payment for the goods shall generally be made at the customer's discretion according to the method of payment chosen by the customer.

(3) Orders from abroad, in particular non-European countries, may be subject to additional customs duties, taxes, fees and similar costs that are not part of the prices shown and are to be borne by the customer. The customer has to inform himself accordingly, e.g. at the local customs authorities.

5. Shipping costs, delivery and transfer of risk

(1) Shipping is at the expense of the customer. This is indicated by the addition "plus shipping costs". On the overview page in the shopping cart before the purchase, the delivery costs are displayed to the customer before submitting the order.

(2) In the event that an ordered item and item marked as available is not available because we are not supplied by our supplier through no fault of our own, despite the supplier's contractual obligation, we shall be entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available, and to refund any payments already made immediately.

(3) If a product is not available, there is no delivery claim. If one or more products are not available, we will inform the customer as soon as possible. If the customer has already paid for the goods, the corresponding amount will be refunded to him immediately. Works that are marked as deliverable are usually shipped within 7 days.

(4) The delivery time shall be extended appropriately in the event of circumstances affecting the delivery due to force majeure. Force majeure shall be deemed to include strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, e.g. due to water, machine damage, fire and all other hindrances which, viewed objectively, were not culpably caused by us. Insofar as such an event takes place, we shall inform the customer thereof without delay. In the event that the impediment to performance in the aforementioned cases continues for a period of more than 4 weeks after the originally applicable delivery times, the customer shall be entitled to withdraw from the contract. Further claims, in particular for damages, do not exist.

(5) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass in the case of sale by shipment upon handover of the goods to the consumer or a recipient designated by the consumer. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of a mail order purchase upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.

6. Reservation of ownership

(1) The delivered goods shall remain our property until they have been paid for in full.

(2) The customer shall notify us of any third party seizure of the goods subject to retention of title immediately after it becomes known.

7. Defect Rights and Obligation to Give Notice of Defects

(1) Insofar as the customer is a consumer, all claims for defects shall become statute-barred within 2 years from handover.

(2) Insofar as the customer is an entrepreneur, all claims for defects shall become statute-barred within 1 year from handover.

(3) The goods shall be inspected for defects without undue delay. For entrepreneurs, § 377 ff. HGB.

(4) Prints, laminations and frames are defective if they do not meet the offered technical standard despite careful production with high-quality materials.

(5) The respective illustrations on the website are subject to change. No liability is assumed for minor deviations of the delivered goods from those shown. In the case of art prints, graphics and other printed products, minor deviations in the color tone compared to samples, in the format and in the paper or other surface quality are not completely avoidable due to printing technology. Furthermore, deviations may occur in the presence or dimensions of a picture border or caption. Such deviations do not entitle to a notice of defects. Color differences, image trimming or color shifts between the images and prints and the originals also do not constitute defects.

(6) Prints, laminations and frames may not be exposed to direct sunlight, either in whole or in part, may not be hung directly over heaters and may not be exposed to humidity levels exceeding those of normal living rooms. It is expressly pointed out that the offered prints are not waterproof and depend on environmental influences, their appearance and colorfulness may change and fade. This unalterable change does not constitute a defect.

(7) Prints, laminations and frames are not suitable in particular for outdoor use, basements, bathrooms and kitchens. Prints, laminations and frames are very sensitive to scratches and stains and may therefore only be handled with gloves or comparable protection.

8. Liability for damages

(1) Claims for compensation for damage of any kind, including damage that has not occurred to the goods, shall only exist if

- in the event of intentional breach of duty by us;
- in the event of a grossly negligent breach of duty by us or in the event of an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents;
- in the event of injury to life, limb or health resulting from a negligent breach of duty by us or an intentional or negligent breach of duty by our legal representative or vicarious agent;
- in the event of culpable breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is jeopardized, with regard to the foreseeable damage typical for the contract;
- in cases where liability is assumed under product liability law in the event of defects in the goods, for personal injury or property damage to privately used objects;
- in the case of defects which have been fraudulently concealed or the absence of which we have guaranteed.

(2) Any further claims for damages shall be excluded.

9. Special features unique and individually made works of art

(1) For orders of unique pieces, the following applies in addition: Unless the unique piece shown on the website has already been printed, this art print will be created for the customer on an order-related basis after payment has been made in advance. This will be discussed with the customer by personal contact, by telephone or by video conference. The customer receives via the e-mail address provided by him an invoice on prepayment. After payment of the invoice the production of the art print will be started. If the deposit is not paid within the period of 14 days, the order will be canceled. At the beginning of the order the customer has to pay 50% of the price, at the delivery the remaining 50% plus the transport costs (within Germany with a shipping flat rate of 100 EUR, for shipping abroad higher). Translated with www.DeepL.com/Translator (free version)

(2) For orders of individually commissioned works, the following applies in addition: For artworks created especially for the customer, 100% of the costs plus transport costs are to be paid in advance. If no payment is received within 14 days after receipt of the order, the order will be canceled.

If the customer decides to order a work to be created especially for him, he is asked to submit the corresponding portrait (photo). Then a corresponding work of art will be made as a unique piece for him. The customer assures that he owns the corresponding rights to the image and indemnifies the contractor from possible recourse claims of third parties.

(3) We always reserve the right to accept the offer to conclude an order or contract for work. We reserve the right to refuse orders if the rights of third parties would be infringed or laws would be violated during the processing of the order.

(4) Within the scope of works produced to order, the customer shall not be entitled to a right of revocation pursuant to § 312g II No. 1 BGB, even if the customer is a consumer.

10. Rights of use and copyright

(1) The images published on our website, in our online gallery and publications shown illustrations and the distributed products are protected by copyright. The customer is not entitled to manufacture or have manufactured, reproduce or have reproduced the goods himself or through third parties. This requires an express permission in the form of transfer of rights of use on the part of the respective artist and the gallery owner.

(2) Violations will be prosecuted.

(3) We reserve the right to reproduce the sold unique pieces in books or also social media, as well as to produce postcards or limited edition prints, but in a much reduced format.

(4) A certificate of authenticity sent with a unique piece of art assures that this work of art exists only 1x in the type and size.

11. Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods.

(2) In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the beneficiary (contract with consumer), this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

(3) If the business partner is a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction for all legal disputes and as the place of performance.

For artists ONLY:

Cooperation and mediation contract

In the sense of a fair cooperation based on partnership, the contracting parties conclude the following agreement:

  • 1 Contractors

Contractual partners are:

1.)  in the following "kunststoff. referred to as,

and

2.) Artist ....... in the following called "artist

Adress  
Phone number:
E-mail address:
Bank details (bank, bank code, account no.)                                                                                             

  • 2 Cooperation agreement /Scope of application
  1. Der Vertrag regelt alle Geschäftsbeziehungen zwischen kunststoff. und dem Künstler.

The currently valid version shall always be authoritative. All special agreements or supplements must be in writing.

  1. Subject of the contract

2.1 The subject of the contract is the cooperation and mediation of artworks via the online platform of kunststoff. www.kunststoffpunkt.de to buyers of the platform as well as the mediation of contract work to business partners of kunststoff., for which kunststoff. receives a commission in the event of a sale of 20% of the sales price and/or the order volume.  

2.2 The Artist thus commissions kunststoff. to sell the Objects of Art posted and managed by him for posting on the website of kunstsoff./shop and also to further individually negotiated orders of customers of kunststoff.

2.2. kunststoff. does not receive the contractual products physically, but only virtually in the store of the online platform. The contractual products which kunststoff. receives from the Artist for mediation shall therefore remain the property and responsibility of the Artist until they are transferred to a Buyer.

2.3 The artist has the possibility to withdraw his offer at any time by requesting the deletion of the product from the database as long as no order has been placed. If an order has been received and delivered to the artist by email, the sale to the buyer remains with

kunststoff. legally binding and the commission becomes due.  

  • 3 Term of contract/termination

3.1 The cooperation/cooperation starts at ________ and is concluded for an indefinite period of time.

3.2 In the event of good cause, the parties shall be entitled to terminate the contract without notice at any time after prior warning.  Good cause may include, in particular, a repeated or very serious breach of obligations under this contract.

3.3 The contract may also be terminated without notice if essential contractual bases cease to exist.  In such a case, the parties shall make mutually agreeable arrangements for the execution of the contract.

3.4 The termination must be made in writing.

  1. Tasks and duties of kunststoff.

4.1. kunststoff. undertakes to sell the articles via www.kunststoffpunkt.de . The right of kunststoff. to sell the articles to buyers who contact kunststoff. directly remains unaffected, however, kunststoff. will not use any other distribution channels such as other websites or trading places without having obtained written permission from the Artist.

4.2 The Artist shall sell on his own account and at his own risk to the Buyer named to him by kunststoff. by means of the order form, for which kunststoff. shall receive the agreed commission.  

4.3 The response to Buyer's inquiries, correspondence with the Buyers up to the order shall be fully assumed by kunststoff. The Artist shall support kunststoff. to the best of his ability and knowledge with regard to answering specific questions.

Inquiries about the condition, origin, manufacture, etc. of the item.

4.4 With the order, kunststoff. assigns to the Artist all claims to the amount of the invoice minus the agreed commission and all delivery responsibilities arising from the execution transaction against a third party; the Artist accepts the assignment and assumes responsibility for the continuation of the business transaction including the delivery risk.

4.5. kunststoff. provides the Artist with a contingent of image uploads for artworks for the Shop. The Artist may freely dispose of this quota for the entire duration of the cooperation.

4.6 The orders will be sent directly to the artist only after full payment of the invoice amount plus shipping costs.  
4.7 All claims of the Artist are settled with the agreed invoicing modalities.  

The artist is responsible for all necessary duties (taxes, social security) on the income.

  1. Tasks and duties of the artist

5.1 The setting, supervision and description of the individual works of art shall be carried out by kunststoff. in coordination with the artist.
5.2 The Artist undertakes to pay kunststoff. the agreed commission after receipt of the order for a posted work of art and shall receive a commission statement in return. The amount of the commission shall be 20% of the sales value. A commission credit will be issued in the event that it can be proven that a buyer has not accepted or has returned his item. The burden of proof towards kunststoff. is on the Artist, who has to prove such a cancellation towards kunststoff. Such evidence must be complete and comprehensible. Circumvention transactions will lead to the immediate termination of the cooperation.

5.3 A sold item (regardless of the way it was sold) has to be removed by the Artist from his shopping cart immediately after receiving the order, in order not to expose discontinued items to the risk of double ordering.

Pictures which the artist wants to have deleted from the store before they are sold via kunststoff. must first be notified to kunststoff. stating the reasons. It is not considered a reason if the artist suddenly no longer agrees with his selection, which he approved to kunststoff. when posting.  

5.4 If changes (such as damage) or other findings that result in a change in the description occur in the course of setting a work of art, the artist is obliged to adjust the description immediately to avoid disappointment of a buyer from the outset.  

5.5 The immediate termination of the cooperation is caused by the circumvention of kunststoff., i.e. if the Artist conducts private business with a former buyer or client following a business initiation via kunststoff. private transactions. In the event that such an offense is proven, the Artist shall be liable to kunststoff. for the full purchase price or order value. 
The artist will be released from this obligation by kunststoff. after the expiration of 3 years after the initiation of business with the respective customer.

  1. Delcredere (risk of bad debts)

kunststoff. shall not be liable for the fulfillment of liabilities of the buyers ordering via kunststoff. towards the artist using the platform and the mediation activities of kunststoff. The Artist undertakes vis-à-vis the Customer and also vis-à-vis kunststoff. to comply with kunststoff. ́s GTC, in particular in the handling of the sales.

  1. Self-entry

kunststoff. is also entitled to purchase posted works of the Artist itself, whereby kunststoff. acts as a regular buyer vis-à-vis the Artist.

  1. Indemnification

8.1 The Artist shall indemnify kunststoff. from any warranty claims the Purchaser may have against the Artist as a result of a notice of defect or other adversity of a product of the goods. 

8.2. kunststoff. shall not assume any liability for product truth of the posted goods. If, for whatever reason, kunststoff. incurs liability towards a Buyer as a result of an agency transaction which kunststoff. has ceded to the Artist, kunststoff. shall not be held liable for the following

the Artist undertakes to indemnify kunststoff. from all liabilities.

  1. Final provision

9.1 Disputes between the Artist and kunststoff. shall be governed by German law.
9.2 The parties agree by mutual consent to reach an amicable settlement through mediation before taking legal action.

9.3 The place of jurisdiction for all disputes between the competent court at the registered office of kunststoff. 

9.4 Subsidiary agreements, supplementary or amending provisions must be in writing. 

9.5 Should individual provisions of the contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision.

Provision to be made which corresponds as far as possible to the economic provisions of the contract.

_________________________________________

Date and signature

 

For consumers ONLY:

Cancellation policy / Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (kunststoff., Mike Jochum & Philipp Stalder GbR, Max-Hecker-Straße 22, D-64646 Heppenheim, Phone: +49 (0) 6251 8286005, E-Mail: info@kunststoffpunkt.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods without delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to

kunststoff.
Mike Jochum & Philipp Stalder GbR
Administration:
Max-Hecker-Straße 22
D-64646 Heppenheim
Telefon: +49 (0) 6251 8286005
E-Mail:  info@kunststoffpunkt.de   

to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.


End of the cancellation policy

*************************************

NOTE FOR CUSTOM MADE ARTWORK

There is NO right of withdrawal for contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer - § 312g II No. 1 BGB. This applies to all individually made to order works of art.

*************************************

Cancellation form

If you wish to cancel the purchase contract, please provide the following information and send it by e-mail to info@kunststoffpunkt.de or by mail to

kunststoff.
Mike Jochum & Philipp Stalder GbR
Administration:
Max-Hecker-Straße 22
D-64646 Heppenheim
Telefon: +49 (0) 6251 8286005
E-Mail:  info@kunststoffpunkt.de 

 

Sample cancellation form for download