With respect to business relations of all types between e.artis and its customers, the General Terms and Conditions of the firm e.artis GmbH, Theaterstr. 58, D-09111 Chemnitz, shall be authoritative in their legally valid original German version.
Delivery, service, offers and sales take place only according to the following terms and conditions. Our terms and conditions are a component of every business agreement. Upon ordering or, at the very latest, upon delivery, the customer accepts the terms and conditions that are/were in effect at the point of sale.
2. Contract of sale
The contract of sale can only be concluded on the basis of the general terms and conditions. The language of the contract is German.
By bidding on an e.artis article on eBay, the bidder accepts our general terms and conditions. A contract of sale is concluded at the end of the 10-day auction with eBay’s announcement of the successful bidder. The purchase price of the winning bid is to be paid in advance within ten days of auction end.
Contract information is saved for up to 90 days in form of an eBay website, which the buyer can access using the article number. The official website and article description can be printed using the browser’s print button. Unfortunately, we can neither determine nor influence how long eBay will save the article’s website, we accept no liability. We therefore strongly recommend that all eBay members and buyers store all the information available on the eBay website on an independent storage device.
e.artis Online Shop:
The purpose of our product descriptions in the online shop is to make an offer of sale.
Our product descriptions in the online shop are an invitation to submit a purchase offer. By clicking the “Bestellung abschließen” (confirm order) button, the customer makes a legally binding purchase offer.
The order is approved by either a confirmation email or delivery of your purchase within 10 days. The customer is obliged to inform us of any discrepancies between this confirmation and his order. The written receipt of the order does not constitute a purchase agreement.
In case of typing or printing errors in our confirmation of order or in case of pricing errors due to faulty data transmission, we have the right to appeal, whereby the responsibility of proof of error lies with us. You will be promptly refunded for any payments already made.
According to paragraph 146 ff. of the German Civil Code, an order expires when it is either rejected by us or is not approved on time. e.artis GmbH defines the acceptance period as three days from receipt of offer. If we do not approve your order within this time, there is no valid sales contract and the customer is relieved of all obligations. If we fail to send a confirmation of order to the customer within three days, there is no valid sales contract because the customer has already been relieved of all obligations due to the expiration of the 3-day notification period. In this case, the confirmation of order from e.artis GmbH serves as a new offer for which the customer reserves the right to either accept or reject.
All objects on offer can be viewed and inspected before the purchase offer is accepted. All items are second hand. All object descriptions are written with knowledge and integrity but, unless explicitly guaranteed by e.artis GmbH in writing, their purpose is solely to inform. The same is valid for spoken and written information of all kinds as well as for designations of the objects and expert reports. An appraisal from e.artis GmbH or one of its commissioned companies / a consultant is not an official description of the quality or characteristics of the object.
Deterioration is not mentioned in every case. Therefore no agreement on the nature of the object can be established by lack of details. e.artis GmbH reserves the right to amend article descriptions. Amendments are made in writing by changing the website of the offer in question. The amended statements thereby replace the original. All objects are sold in the condition they are in at point of sale. e.artis GmbH does not accept any liability for faulty translations of descriptions from German into other languages.
All prices are in EUR and include the current value added tax (VAT) and a portion of the shipping costs for delivery, freight and customised packaging.
Export deliveries within the EU are VAT exempt upon proof of a valid VAT number. Export deliveries outside the EU are automatically VAT exempt.
3. Instructions concerning the Right of Withdrawal
(as a consumer according to section 13 of the German Civil Code (BGB))
The customer may withdraw from the contract within fourteen days without giving any reason. The time limit of fourteen days starts after the delivery of the merchandise to the recipient is fulfilled. To execute your Right of Withdrawal, you need to explain your intention to withdraw the contract in writing (e.g. by letter, fax, email) to us (e.artis GmbH, Theaterstr. 58, 09111, Chemnitz ,Germany, firstname.lastname@example.org, +49 (0)371 - 800 7881). Surely you can use the attached standard withdrawal form, which is not mandatory, however. In order to observe the grace period it is sufficient to send the message about the right of withdrawal before the withdrawal deadline.
Consequences of Cancelation
In case of an effective cancelation, we shall return payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen an other type of delivery that is more expensive than the standard delivery offered by us), and must be repaid immediately at the latest within fourteen days from the date on which the note of your withdrawal has been received. For refund we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment. Objects not suitable for shipment by parcel post shall be picked up at the customer’s premises. You shall bear the direct costs of returning the merchandise. For merchandises that can not be normally returned by parcel post these amount is 20 EUR. You only need to compensate for any diminished state of the received goods, if the lost value is due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss.
End of Instructions
In case of withdrawal, the goods will be picked up within a week by our delivery service. Please make sure that a pick-up date in this time will be realized.
Please avoid damages and contamination. If possible ship the merchandise in the original packaging with all accessories and with packaging components. If necessary, use protective outer packaging. If you are no longer in possession of the original packaging, please take care to acquire suitable packaging that adequately protects against shipping damages so that you may avoid the additional costs of damage reimbursement due to defective packing.
We choose whether the merchandise will be delivered by forwarding agent, freight forwarder or post. Delivery only takes place after payment in advance or cash on delivery.
Merchandise is usually only delivered within the EU. For deliveries outside the EU, the buyer should be aware of customs duties and applicable sales or value added tax. These fees are not included in the shipment costs and are solely the responsibility of the buyer. Delivery far abroad can only allowed with the express written permission of e.artis GmbH. Indeterminable shipping costs, such as for delivery overseas, are presented to the buyer in the form of an estimate. Upon acceptance, the buyer agrees to bear these costs.
A mandatory delivery date must be explicitly confirmed in writing. All merchandise is subject to receiving correct and punctual delivery. Partial deliveries are allowed. The seller is not responsible for delivery and service delays that occur due to acts of God or other events that hinder or prevent delivery such as weather, strikes, interruption of business operations, administrative orders, difficulty procuring materials, etc. In all these cases and even when these difficulties arise for the buyer’s distributors, the buyer can not be held accountable for failing to keep agreed upon delivery times.
Damages in transit
The risk of damage or loss of the merchandise during shipment is the responsibility of the buyer if the merchandise has been bought for commercial purposes. The risk is transferred to the buyer as soon as the merchandise has changed hands to the external carrier or has left the premises of the seller for the purpose of being shipped. For ultimate consumers, the responsibility of risk becomes theirs upon obtaining ownership of the merchandise.
If merchandise arrives with damage obviously caused in transit, please inform the delivery agent right away and refuse the parcel. Contact us as soon as possible at +49 (0)371 8000 7880.
Failing to make a formal complaint or to contact us promptly has no adverse effects on your warranty claims, however with your cooperation, you assist e.artis GmbH in making rightful claims with freight forwarders and/or our goods in transit insurance agent.
5. Terms of payment
Merchandise is delivered after payment of the purchase price has been received in full via either bank transfer or PayPal. Other payment options may be agreed upon after prior consultation. One example would be collecting the merchandise in person from the premises of e.artis GmbH and paying cash. Payment is deemed effective when the amount payable has been irrevocably credited to the seller’s account.
Payments must be made in full within 10 days. In case of default, the buyer carries the burden of proof for the payment. For outstanding invoices, e.artis GmbH is entitled to charge interest at a rate of 5% above the discount rate charged by either the Deutsche Bank or the European Central Bank. Furthermore, e.artis GmbH reserves the right to incur additional delay damages irrespective of the above provision. For default payment, e.artis GmbH is entitled to attempt debt recovery by consigning the case to a law office / debt collector. In such a case, the customer is responsible for all incurred costs.
Should the invoice remain unpaid for one month, e.artis GmbH reserves the right to place the object on the market again.
6. Reservation of proprietary rights
The possession of the merchandise is transferred to the buyer when all claims on the side of e.artis have been satisfied.
7. Notice of defects
The customer is required to check that all shipments from e.artis GmbH are free of defects upon delivery. Incorrect delivery and/or quantity deviations as well as obvious defects must be reported in writing by the customer immediately - or at least within 8 days - after receiving the delivery. Otherwise the merchandise will be deemed approved by the customer.
In the case of defective merchandise upon delivery, the customer can 1) claim supplementary performance or 2) withdraw from the purchase agreement. These terms deal with the sale of consumer goods. Arrangements will be made concerning thestatutory limitation of the warrantyaccording to § 475 Art. 2 of the German Civil Code (BGB).The right of warranty is null and void if the customer or a third party alters the merchandise in any way. In this case, any claims the buyer has to compensation for damages - irrespective of their legal grounds - are ruled out. This is not valid for any damages due to deliberate or gross negligence on the part of the seller.
Works of art are subject to the ageing process, which means that changes in the merchandise can occur to various degrees depending on the materials and techniques employed by the artist. Experts would agree that these changes do not fall under the warranty as they consist of natural deterioration.
Additionally, damages that occur due to improper use, insufficient care and unsuitable storage are excluded from the warranty.
Please avoid exposing your artwork to direct sunlight or, if possible, frame your artwork using UV filtering glass. Avoid hanging your pictures directly above a heat source and not at all in rooms with high humidity. Avoid storing your purchases in spaces with severe temperature fluctuations or extreme dust generation.
According to § 14 of the German Civil Code (BGB), only private persons are entitled to a warranty. According to § 13 of the German Civil Code (BGB), consumers are entitled to a warranty for a limit of two years.
All claims the buyer has on e.artis GmbH, on their legal representation, on their employees or on their performing or vicarious agents to compensation for damages - irrespective of their legal grounds - are ruled out. This is not valid for any damages due to deliberate or gross negligence on the part of e.artis GmbH, their legal representation or their vicarious agents. The liability for damages arising out of injury to life, limb or health remains unaffected.
We respect your privacy and without your prior express written permission, your personal data will be handled by e.artis GmbH solely for the purpose of processing your order and saved in our databases within the framework of the business relationship. Your data will only passed on to shipment companies if this is necessary to process your order. In all other cases, your personal details are handled with strict discretion and are not made available to third parties.
9. Packing ordinance
e.artis GmbH uses only high-quality packing material so that the merchandise is safely protected from harm on its way to our customers. In this, we also preserve our natural resources and stay environmentally friendly by packing with waste paper.
We see to it that our packing materials are recycled according to the packing ordinance. To deal with virgin packing materials we use to ship merchandise to private ultimate consumers we have a competent partner. In compliance with the legal requirements of paragraph 6 VerpackV e.artis GmbH has consigned a return system that is active throughout Germany, that of Landbell AG, Mainz (customer identification number: 4136859). Landbell AG guarantees that collected packing materials are recycled. Landbell AG offers contractual assurance that it will assume the legal obligations of its clients as set out by paragraph 2 articles 3 and 4 of the German Civil Code. These include collecting and recycling their clients’ packing materials so that said clients are free of these obligations. Landbell AG carries out the disposal of, and especially the recycling of, commercial packaging and supplies the necessary proof in accordance with the aforementioned articles. Please find any further information on the website of Landbell AG.
Of course, you as the consumer, also have the right to dispose of the packaging in the waste paper collection containers along with newspapers, etc. Typical items bound to the paper by adhesives such as tape, labels or a small bit of plastic do not disrupt the recycling process.
Selling art with e.artis
10. General Submission Guidelines
The distributor transfers his property to be sold on commission, on account and in the name of e.artis GmbH. The distributor remains anonymous. The merchandise is stored on the premises of e.artis GmbH for handling. We therefore bear liability according to the general legal provisions.
Sales are realized with no limit price. Nor are there any price guarantees. Consignors are not allowed to bid on their own merchandise.
Commission and reimbursement of expenses for e.artis GmbH are regulated in the commission agreement. Included in the commission are expenditures for advertising, sales transactions, the safekeeping of the consignment including insurance and the value added tax.
11. Severability clause
In the event that any one provision of these terms and conditions or a provision within the framework of other agreements is invalid or becomes so, the validity of all other provisions of these terms and conditions or other agreements shall remain unaffected. In such a case, the parties hereby agree to negotiate a new provision that comes closest to the legal and economic purpose of the original clause. The provision rendered invalid will be replaced by the legally valid provision. This also applies to material provisions and any corresponding loopholes. Each and every change to, supplement of, cancellation of or divergence from these terms and conditions must be made in writing. This also applies to waiving the requirement of the written form. The place of performance and the place of jurisdiction, provided this can be lawfully agreed upon, is Chemnitz. The laws of the Federal Republic of German shall apply.
Chemnitz, 11th May 2015
Managing Partner: Konstanze Wolter
Copyright and Trademark Law
All trademarks and brands mentioned on the web site, including those protected by third parties, are subject in full to the terms of the relevant copyright law and the right of ownership as applied to the registered owner. It should not be assumed that, simply because a brand is named, the trademarks are not protected by the rights of third parties. The copyright for published material created by e.artis GmbH or its employees remains the property of e.artis GmbH. Any reproduction or use of said images, recordings, video sequences and text in other electronic or print media is not allowed without express permission.