General Terms and Conditions for Purchases
1) Recital Clause
Through the online store indieart.gallery we offer sophisticated and partly sensitive artworks (drawings, paintings, prints, sculptures, etc.) of various independent artists. We therefore ask you in advance to follow the following instructions: Environmental influences, such as direct sunlight, too high or low temperatures and humidity can change the appearance of the artwork and its colorfulness and cause its color to fade. To enjoy your artwork for as long as possible, do not expose it to full or partial direct sunlight, avoid proximity to radiators, and ensure that humidity does not exceed the level recommended for normal living spaces.
Unless specifically stated in the product description, the offered artworks are not suitable for outdoor use, kitchens, bathrooms, or basements.
2) Contractor
Your contracting partner is Vera Axt (indieart.gallery), Breitenweg 22, 55286 Sulzheim, phone +49 61 31 - 636 24 98, hello@indieart.gallery (hereinafter “seller”).
3) General, Scope of Application of the GTC
All our offers, deliveries and services shall be made exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order.
4) Conclusion of the Contract and Formation of the Contract
(4.1) The offers and article presentations in our online store do not constitute a binding offer. Only your order is a binding offer according to § 145 German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order confirmation by e-mail. If we accept your order, you will receive an order confirmation by e-mail within 3 working days after receipt of your order, with which the contract is concluded.
(4.2) When you have found the desired work of art, you can view it more closely without obligation by clicking on the product name or the product image. By clicking the button [Add to shopping cart] you can put the item in the shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping bag symbol or by clicking on the link [Go to shopping cart]. You can remove selected artworks from the shopping cart at any time by clicking the graphics [X]. If you want to buy the products in the shopping cart, click on the button [Proceed to checkout] in the page "Shopping cart".
In the further course, enter your address data or log in with your existing customer account. If you are ordering for the first time at indieart.gallery, you can create a customer account or continue the order without a customer account as a guest.
In the last order step "Complete order", you must confirm our terms and conditions and can select the desired shipping and payment method. Here you also have the option to change your order data by clicking on the graphics [X] to remove the respective artwork. Here you also have the possibility to check and change your billing and/or shipping address information. You can also correct input errors by navigating backwards in the browser or by canceling the order process and starting over. To complete the purchase, you must press the button [Order for payment]. This will send the order to us.
5) Storage of the Contract
Text
We store your order, the entered order data, and the entire contract text. We will send you an order receipt confirmation by e-mail and subsequently an order confirmation with all order data and the entire contract text. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. Ultimately, you have access to your orders at any time via your customer account.
6) Right of Withdrawal for Consumers
The following right of withdrawal applies only to consumers in distance selling:
6.1) Revocation Policy
6.2) Right of Revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen 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 revocation, you must inform us (Vera Axt (indieart.gallery), Breitenweg 22, 55286 Sulzheim, Tel.: +49 61 31 - 636 24 98, hello@indieart.gallery)
of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached Sample Revocation Form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
6.3) 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 within fourteen 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 can refuse the 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 or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
6.4) Sample Revocation Form
(If you want to cancel the contract, please fill out and return this form by e-mail or by mail).
TO
Vera Axt (indieart.gallery)
Breitenweg 22, 55286 Sulzheim
hello@indieart.gallery:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of
of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
7) Indieart.gallery - Certificate with Signature and Seal
If an Indieart.gallery - certificate with the signature of the artist:in is offered with the artwork, you also have to return the unused certificate to us immediately in case of revocation, as this is part of the artwork and without the certificate this becomes incomplete.
8) Prices and Shipping Costs
All prices are exclusive of the value added tax (VAT) (we are currently subject to the so-called small business regulation according to § 19 UstG) and are free of shipping costs. We deliver with DHL, UPS or another provider of our choice.
9) Shipping Terms
(9.1) We deliver exclusively within Germany.
(9.2) Unless otherwise stated in the offer, the goods will be delivered within 7 days after your transfer order is handed over to your credit institution.
(9.3) We deliver with DHL, UPS or another provider of our choice. If marked, you also have the option of self-collection. In this case, you can pick up the artwork directly from the artist on site. In this case, you will receive an e-mail with the details of the pickup: address and times or possibility to arrange an appointment.
10) Terms of Payment
(10.1) Payment is made in advance by bank transfer. We will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days.
(10.2) In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
11) Warranty and Liability
(11.1) The warranty is provided in accordance with the statutory provisions. We are also liable for damages in accordance with the statutory provisions.
12) Customer Service
If you have any questions, complaints, or claims, please contact us.
You can reach us Monday - Friday between 09:15 - 11:45 am and 2:30 - 6:00 pm by phone at 0 61 31 - 636 24 98 or by e-mail at hello@indieart.gallery.
13) OS Platform and Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/. We are not willing or obligated to participate in a dispute resolution procedure of the consumer arbitration boards.
14) Miscellaneous
(14.1) The contract language is German.
(14.2) If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.