GTC

 

General terms and conditions of business

  1. SUBJECT MATTER AND APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
  2. ACKNOWLEDGMENT
  3. ORDER
  4. PURCHASE PRICE AND METHODS OF PAYMENT
  5. DELIVERY OF THE WORKS
  6. RIGHT OF REVOCATION
  7. LEGAL WARRANTIES
  8. HIGHER VIOLENCE
  9. INTELLECTUAL PROPERTY
  10. PRIVACY
  11. APPLICABLE LAW
  12. DISCLOSURE
  13. COURT OF COMPETENT JURISDICTION

 

Galleristic – Manfred Vogelsänger, Michael Jacobi, Carsten Kölsch GbR is called Galleristic in the following for simplification reasons.

 

1. SUBJECT MATTER AND APPLICABILITY OF THESE TERMS AND CONDITIONS

The purpose of the Galleristic website is to present the works of artists (hereinafter referred to as “sellers”) to users of the site (potential “buyers”) and to enable them to discover and purchase them online directly from the seller.

The purpose of these general terms and conditions is to determine the terms and conditions of sale of the works presented on the Site and to define the rights and obligations of the parties in this relationship.

Purchases made through the site are completed directly between the buyer and seller. In no way is Galleristic a reseller of the works offered by the sellers through the site.

Galleristic acts solely as an intermediary in the provision of the site and thus enables sellers and buyers to be brought together.

Consequently, Galleristic is not part of the purchase contract, which is concluded exclusively between the buyer and the seller. The latter in turn is the sole seller of the works and is solely liable for the obligations arising therefrom.

 

2. ACKNOWLEDGEMENT

The full acceptance of the present general terms and conditions is required for the conclusion of the purchase contract by both the seller and the buyer. This recognition is indicated by a check box in the factory order form.

 

3. ORDER

The works are offered for sale on the site subject to availability by the seller.

Each work offered is accompanied by an information sheet containing details, in particular, of the carrier, size, weight and condition.

In order to order a work, the buyer must select the work of his choice, place it in the shopping cart and provide personal information necessary for the order (or log in if he has a user account). Before the buyer can confirm his order, he must check the information in the order overview and can correct possible errors in the data entered as well as take note of the shipping costs.

The buyer’s account will not be debited with the payment until the buyer’s purchase offer has been confirmed. This is done within 48 hours by Galleristic to guarantee the availability of the work at the seller.

In the event that the work is no longer available, the buyer will be notified by e-mail within 48 hours. This will result in the cancellation of the order.

The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.

By clicking on the purchase button next to the work, they place a binding order for the goods listed on the order page (shopping cart). Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail after receiving your order.

 

4. PURCHASE PRICE AND METHODS OF PAYMENT

The purchase price of the Works is listed on the Site in the currency specified by the Buyer and is inclusive of VAT and, where applicable, shipping and handling charges.

The various possible shipping methods and the associated costs are indicated in the order overview. The shipping and packaging costs depend on the type of work, its size and weight as well as the place of delivery.

Payment of the price of the Work by the Buyer to the Seller shall be made through payment services provided by Galleristic: Credit Card and Bank Transfer (the Company’s Terms of Use are available at www.galleristic.com).

The transfer of ownership takes place as soon as the buyer has paid the full purchase price. If the full price is not paid, the purchase will automatically be cancelled and the work will be put back on the Galleristic site for sale.

 

5. DELIVERY OF THE WORKS

The delivery of the ordered works will be made to the address indicated in the order summary form during business hours and according to the modalities agreed upon by the shipping service provider, which will be specified when the order is placed.

The buyer has to inform himself about the modalities and delivery times implemented by the various shipping service providers.

The obligations concerning the delivery of the order, more precisely the respect of the announced deadlines, the quality of the packaging of the work as well as its conformity, are the exclusive responsibility of the seller, since Galleristic cannot be held responsible in any way in case of violation of the seller. However, the seller can file a lawsuit against the shipping service provider.

The Buyer undertakes to inspect the condition of the work upon receipt of the order and to express any reservations in writing and without delay, but no later than within 48 hours, to Galleristic, which shall forward them to the Seller.

 

6. RIGHT OF REVOCATION

In application of the article of the Consumer Code, the buyer has 14 days from the delivery of the work to enforce his right of withdrawal free of charge and without giving any reason to the seller.

The buyer exercises his right of withdrawal vis-à-vis the seller by sending an e-mail to the following address contact@galleristic.com.

Galleristic will then be responsible for the Buyer’s revocation and refund within 14 days after the date Galleristic is notified of the Buyer’s exercise of the right of revocation.

The refund refers to the price of the work paid by the buyer as well as the restocking fee.

Galleristic, on behalf of the Seller, reserves the right, at its sole discretion, not to accept the return of any work damaged or soiled by the Buyer, nor to refund the cost thereof.

 

7. LEGAL WARRANTIES

The seller undertakes to comply with and implement the legal warranties from which the buyer benefits, more specifically: the warranty for non-conformity and the warranty for material defects.

 

8. HIGHER VIOLENCE

A case of force majeure may interrupt the performance of the contract or, should it be definitive, result in the cancellation of the purchase.

Force majeure or fortuitous events are expressly considered to be those cases which are usually regarded as such by the case law of the German courts and tribunals, i.e. an event which is beyond the control of the debtor, which could not be properly foreseen when the contract was concluded and the consequences of which cannot be avoided by taking appropriate measures.

The party claiming a case of force majeure shall immediately inform the other party thereof and of its disappearance.

 

9. INTELLECTUAL PROPERTY

The Seller warrants that it is the author of the Work sold and that the Work does not in any way violate any applicable laws, regulations or standards and does not infringe any third party rights.

He undertakes to protect Galleristic and the purchaser from any action brought by a third party in respect of the work sold under the warranty for defects of title.

In case of sale, the seller transfers the material carrier of the work to the buyer and assigns his rights of reproduction of the work to him.

However, the seller retains the moral rights to the work sold and the rights associated with its representation.

 

10. DATA PROTECTION

For the proper implementation of these terms and conditions, Galleristic collects and stores personal data of the buyer and seller, as well as of users who subscribe to the newsletter.

In application of the law on electronic data processing, files and individual liberties, the Buyer has the right to access, modify, rectify and cancel personal data concerning him/her that is processed when placing an order through the Site, as well as the right to oppose the communication of such data to third parties for legitimate reasons, by sending a request to the following address: contact@galleristic.com .

Personal data provided by the buyer will be deleted no later than six months after the buyer’s account has been closed.

Galleristic reserves the right to store certain data in order to prove the proper implementation of its contractual or legal obligations, if necessary. The data thus stored will be limited to those necessary for the use of the service.

Galleristic is committed to taking all measures to better protect the confidentiality of information provided by the Buyer and Seller.

 

11. APPLICABLE LAW

These general terms and conditions are subject to German law.

 

12. CONCILIATION

As stipulated in the articles of the Consumer Code, in the event of a dispute, the Buyer has the right to have recourse to a Consumer Ombudsman with a view to amicably settling any dispute concerning the implementation of these GTC.

The user can find the list of ombudsmen or conciliation bodies on the website of the Federal Office of Justice, which deals with this issue: https://www.bundesjustizamt.de/DE/SharedDocs/Publikationen/Verbraucherschutz/Liste_V erbraucherschlichtungsstellen.pdf?__blob=publicationFile&v=5

 

13. COMPETENT COURT

Any dispute concerning the validity, interpretation or implementation of these general terms and conditions shall be submitted to the courts in Düsseldorf.

 

 

Galleristic – Manfred Vogelsänger, Michael Jacobi, Carsten Kölsch GbR, 01.11.20