Cancellation right and terms and conditions

Cancellation right

Cancellation form as a PDF download

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation deadline is fourteen days from the day on which you or a third party nominated by you who is not the carrier have/has taken ownership of the goods.

In order to exercise your cancellation right, you must inform us (Kunstsupermarkt GbR - Ms Julia Loytved and Mr Mario Teres -, Ernst Giller Straße 20, 35039 Marburg, Tel: 06421-590787, Email: info@kunstsupermarkt.de) of your decision to cancel this contract by means of a clear statement (for example a letter sent by post, fax or email). You can used the attached sample cancellation form, but this is not compulsory.

In order to meet the cancellation deadline, it is sufficient for you to have sent the communication regarding the exercise of the cancellation right before the cancellation deadline.

Consequences of the cancellation

If you cancel this contract, we must repay you all of the payments we have received from you, including delivery costs (with the exception of the additional costs which arise as a result of you having selected a different type of delivery to the standard, low-priced delivery we offer) immediately and no later than within fourteen days of the day on which we receive the communication regarding your cancellation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may delay the repayment until we have received the goods in return or until you provide evidence that you have sent the goods back, whichever is earlier.

You must send the goods back or hand them over to us immediately and in any case no later than within fourteen days of the day on which you report the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day deadline.

You shall bear the direct costs of returning the goods. You only have to pay for any depreciation in value of the goods if this is due to handling them in a manner which is not necessary to check the quality, properties and functioning of the goods.

Exclusion of the cancellation right

Unless otherwise agreed, there is no cancellation right in accordance with Section 312 paragraph 2 number 1 of the German Civil Code in the case of contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is significant or which are clearly tailored to the personal needs of the consumer.

 

TERMS AND CONDITIONS 

 

1. Scope of the terms and conditions

 

1.1 These terms and conditions (hereinafter referred to as "Ts&Cs") regulate the contractual relationship between Kunstsupermarkt GbR - Ms Julia Loytved and Mr Mario Teres -, Ernst Giller Straße 20, 35039 Marburg (hereinafter referred to as "Kunstsupermarkt") and natural and legal persons (hereinafter referred to as "the customer"), relating to goods from Kunstsupermarkt distributed via the online shop www.kunstsupermarkt.de The Ts&Cs also apply to third parties in whose name a contract is concluded.

 

1.2 Kunstsupermarkt expressly contradicts any different Ts&Cs of the customer. These are not a component of the contract. 

 

1.3 "Consumer" in the sense of the regulations below is any natural person who concludes a transaction for any purpose which cannot be attributed to his or her commercial or independent professional activity. 

 

1.4 "Entrepreneur" is any natural or legal person or a partnership with a legal capacity which is exercising its independent professional or commercial activity when concluding a transaction.

 

2. Conclusion of the contract

 

2.1 The products displayed by Kunstsupermarkt are not a binding offer for the conclusion of a contract but rather an invitation to submit an order. Only when making an order does the customer submit a binding offer. As soon as the customer has submitted an offer, Kunstsupermarkt sends the customer an email confirming the receipt of the order by Kunstsupermarkt, listing the details (order confirmation) and showing that your offer has been accepted. The purchase contract occurs with this email confirmation.

 

2.2 When buying via the online order form, the goods the user intends to buy are placed in the "shopping basket". The customer can access the shopping basket via the relevant tab in the navigation bar, and he or she can make changes to the shopping basket. Once the site "go to checkout" has been accessed and the personal information entered including the payment and shipping details, all of the order details will be shown again. Before submitting the order, the customer can check all of the information again and change it (using the "back" function on the web browser) or terminate the order. By submitting the order via the relevant button (labelled "buy"), the customer is submitting a binding offer to us. Only when the offer is accepted is there a requirement for the goods to be delivered. 

 

2.3 The text of the contract is not permanently stored by Kunstsupermarkt after conclusion of the contract. However, the customer can print this out before conclusion of the contract by clicking on "print version" (e.g. in the browser's menu bar click "file -> save as" or "file -> print").

2.5 The customer is obliged to provide his or her current address.

 

3. Prices, delivery

3.1 The prices are the final gross price, including 19% VAT but not including shipping costs. VAT is shown separately on Kunstsupermarkt invoices.

3.2 The purchase price is to be paid by the customer in advance by bank transfer or via PayPal.

3.3 The following shipping costs are available and will be displayed in detail and with the specific value once the goods have been selected and before the contract has been concluded as part of the order process:

 

3.4 Unless a delivery period is specifically indicated in the description of the item, delivery is within five working days of receipt of payment. Any customer complaints relating to this are to be sent via email to info@kunstsupermarkt.de indicating the name, address and invoice number. If the customer uses this option, Kunstsupermarkt will respond immediately (via email).

3.5 Kunstsupermarkt is responsible to consumers for any destruction of the goods during transport.

3.6 For international deliveries, in some individual cases additional duties (e.g. customs duties) may be payable by the customer. Kunstsupermarkt does not have any influence on these customs duties. Unless otherwise agreed, for foreign deliveries the customer is responsible for compliance with any customs regulations, all import regulations and the laws of the respective country. 

 

4. Reservation of title, payment

 

All of the goods delivered remain the property of Kunstsupermarkt until full payment has been received. 

 

5. Additional agreement – cost of return if the item is rejected

 

If the item is rejected, it is agreed that the customer must pay the direct costs of returning the goods.

 

6. Statutory warranty rights

 

6.1 For customers who have ordered for private purposes (consumers), the warranty period for used items is limited to one year. Otherwise the statutory warranty period applies.

 

6.2 For customers who have ordered for non-private purposes (entrepreneurs), the warranty period for used items is also limited to one year. In the case of the purchase of new items, the buyer is limited to the right to subsequent fulfilment if he is an entrepreneur and the subsequent fulfilment does not fail. In this case, the buyer can reduce the purchase price. The buyer is entitled to chose between the delivery of a new item or the repair of the defective item. Otherwise the statutory warranty period applies.

 

6.3 If the customer is an entrepreneur, he or she must communicate any obvious defects in writing within five days of receipt of the agreed item(s). Otherwise the goods are deemed to have been approved.

 

6.4 If the customer is an entrepreneur, he or she must communicate any hidden defects in writing within five days of discovery. Otherwise the goods are deemed to have been approved.

 

6.5 In accordance with the legal provisions, the seller is liable to an unlimited extent for claims for compensation for injuries to life, body or health which are caused by a material defect and for claims for compensation which are caused by an intentional or grossly negligent breach of obligations.

 

6.6. In the case of ordinarily negligent breaches of obligations, liability is limited to the predictable, typical contractual, direct average damages unless the infringement in question is an infringement of obligations which are essential to the contract, in other words obligations, the fulfilment of which enables the contract to be carried out at all and in the compliance with which the customer should be able to trust.

 

6.7 Kunstsupermarkt itself does not make any guarantee promises for the items in its range.

 

7. Data protection

 

Kunstsupermarkt stores, processes, catalogues and uses the personal data provided by customers to carry out the order. Kunstsupermarkt informs customers that their order and address details will be stored. The storage and use of customer data is part of the processing of the order. Kunstsupermarkt does not pass personal data provided by customers on to third parties. The sole exception to this is the service partners we require to handle the contractual relationship. In these cases, we comply strictly with the provisions of the federal data protection act. The data transmitted is the minimum amount possible. The customer is entitled to information on the data stored about him or her free of charge and is entitled to correct, delete or block this data.

 

This request should be send to:

 

Kunstsupermarkt GbR

Ernst Giller Straße 20

35039 Marburg

 

Tel: 06421-590787

Email: info@kunstsupermarkt.de

 

8. Applicable law, jurisdiction

 

8.1 German law applies for these Ts&Cs and all of the transactions listed to the exclusion of the United Nations Convention on Contracts for the Sale of International Goods (UN Sales Convention) even if the order is made from abroad (outside of Germany) or delivered abroad. In the case of international trade within the EU, those consumer protection regulations which would apply to the consumer as binding law in the state in which the consumer is ordinarily resident remain applicable.

 

8.2 The jurisdiction and place of performance for any disputes arising from the contractual relationship is the registered office of Kunstsupermarkt provided that the customer is a trader, legal person under public law or a special fund under public law. If the customer's residence or ordinary residence is abroad (outside of Germany) or moves abroad or his or her residence or ordinary residence is not known at the time of any legal action, the registered office of Kunstsupermarkt is agrees as the jurisdiction for any claims linked to the customer's order. Kunstsupermarkt is also entitled to submit claims in the general jurisdiction of the customer.

 

8.3 If the customer is a consumer with a residence in another member state of the EU, he or she can only be brought before the courts of this member state due to contractual rights and obligations unless the consumer and Kunstsupermarkt had a residence or ordinary residence in the Federal Republic of Germany at the point at which the contract was concluded. Taking into account this exception, the consumer also remains at liberty to start legal proceedings for alleged infringement of contractual rights and obligations against us to the court in the place in which he or she is resident.

 

9. Other

 

9.1 The contractual language in German.

 

9.2 The legal provisions also apply.

 

9.3 If one or more of the provisions in these Ts&Cs is or becomes incomplete, legally invalid or impracticable, this does not affect the effectiveness of the remaining provisions.