galerie143, Simone Czech – General Terms and Conditions
§1 Scope and Definitions
These galerie143 General Terms and Conditions (GTC) apply to all orders and deliveries made in our Online-Shop via the website www.galerie143.de.
Offers, services and deliveries from galerie143 are made exclusively on the basis of these terms and conditions. Any provisions of the customer that deviate or supplement these GTC are non-binding for galerie143, unless these are expressly agreed with galerie143. galerie143 already objects to the inclusion of a customer’s terms and conditions that contradict the terms and conditions of galerie143. It is only allowed to order in our online shop if you order as a consumer and not as a trader or in the context of a self-employed activity. Consumers within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
§2 Conclusion of Contract
The presentations in the online shop www.galerie143.de do not represent any binding offers. Rather, it is a non-binding invitation to the customer to submit a binding offer.
By completing the ordering process in the Online-Shop www.galerie143.de , the customer submits a binding purchase offer. Confirmations of receipt from galerie143 do not constitute acceptance of the purchase offer.
A purchase contract for the goods is only concluded when galerie143 expressly declares acceptance of the purchase offer or by sending the invoice for the sale of the goods. galerie143 is entitled to accept the customer’s offer within fourteen days after receipt of the order. galerie143 reserves the right to accept the order, especially if the availability of the products you have ordered is limited.
If the offer is accepted, the purchase contract between the customer and
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§3 Prices and Terms of Payment
Unless otherwise stated in the product description of galerie143, the prices quoted are total prices that include VAT. Additional delivery and shipping costs are specified separately in the respective order form.
For deliveries to countries outside the European Union, additional costs may arise in individual cases, which galerie143 is not responsible for and which are to be borne by the customer. These includes costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
Payment must be made in advance. galerie143 will invoice you accordingly. The purchase price is due for payment immediately after receipt of the invoice without any deductions.
§4 Reservation of title
galerie143 reserves ownership of the delivered goods until full payment has been made. During the retention of title, the customer may neither sell, pledge nor transfer the goods delivered under retention of title to third parties.
§5 Offsetting and Retention
You cannot offset against our claims unless your counterclaims have been legally established, are ready for a decision or are undisputed.
The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed.
The delivery time is approximately 20 working days after receipt of payment for deliveries within Germany and approximately 25 working days after receipt of payment abroad
§7 Refund policy
Right of Refund
Consumers generally have a right of refund.
Consumers have the right to cancel the purchase contracts with galerie143 that were concluded on the basis of an order in the Online-Shop www.galerie143.de within fourteen days without giving any reason.The refund period begins on the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods.
In order to exercise the right of refund, the customer must inform galerie143 by means of a clear statement (by letter or email to: galerie143, Spitalstr. 49, D-79539 Lörrach, Mail: email@example.com) about the decision to cancel the purchase contract. In order to meet the cancellation deadline, notification of the exercise of the right of cancellation before the cancellation period has expired is sufficient. The attached “Draft Refund Policy” (Appendix 1) can be used.
Consequences of withdrawal
If the customer cancels the purchase contract, galerie143 will reimburse all payments that galerie143 has received from the customer, including the shipping costs (except for additional costs that resulted from the customer choosing a type of delivery other than standard shipping). The same method of payment that was used in the original transaction will be used for the repayment, unless a different, express agreement is made.galerie143 can refuse repayment until galerie143 has received the goods back or the customer can provide proof that the goods have been returned.
In the event of cancellation, the customer must return the goods to galerie143 or hand them over to galerie143 at the latest fourteen days from the day on which the customer informed galerie143 of the cancellation of the purchase contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.
In the event of any material defects or defects of title in delivered products, you shall be entitled to all rights existing under the statutory provisions.
galerie143 is fully liable for any legal reason in the event of intent or gross negligence, in the event of willful or negligent injury to life, limb or health, on the basis of a promise to guarantee, unless otherwise regulated, and due to mandatory liability, such as under the Product Liability Act.
If galerie143 negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless galerie143 has unlimited liability according to the preceding paragraph.
Otherwise galerie143 is not liable.
§10 Codes of Conduct
We observe our data protection declaration, which you can access at any time at www.galerie143.de.
§11 Customer Service / Support
If you have any questions, comments, complaints or other declarations regarding your purchases, orders and offers, you can contact us by letter, phone or Mail using the contact details given in §2.
§12 Choice of Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods, in particular the UN sales law. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
§13 Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Lörrach, Germany. This also applies if the customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or usual place of residence is relocated abroad after conclusion of the contract or if the place of residence or usual place of residence is not known at the time the action is brought. Arbitration proceedings are excluded.
I __________________________________________________________ (Name, Surname, full
adress) hereby withdraw the contract I have concluded for the purchase of the following goods:
Order Date: _________________________
Signture Place, Date