General terms and conditions of Kunstplaza
1. General
All services provided by Kunstplaza for the customer are carried out exclusively on the basis of the following general terms and conditions ("AGB"). Deviating regulations are only valid if they have been agreed between artificial plaza and customer.
Kunstplaza.de (hereinafter "Kunstplaza") is partly an online gallery in which members were self -employed and/or offering/or making contact with the provider to acquire it. The sale of the goods and/or services in the online gallery is not handled by artificial plaza. Kunstplaza sees itself only as an intermediary between provider and prospect.
The conditions according to section A (online shop) apply to the use of our online shop. The conditions in section B (services & advertising) apply to business customers for advertising.
With the use of Kunstplaza.de you accept the following general terms and conditions (“AGB”).
A) online shop
2. Scope
2.1 These general terms and conditions (hereinafter "AGB") of the Joachim Rodriguez (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods shown by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
2.2 Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.
2.3 Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
3. Contract conclusion
3.1 The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.
3.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart.
3.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation is decisive in the customer, or
- by providing the customer to the customer, with the access of the goods to the customer, or
- by asking the customer to pay after submitting them.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.
3.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à Rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), with the validity of the PayPal Use conditions, accessible at https://www.paypal.com
3.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.
3.6 Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.
3.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
3.8 Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
4. Right of withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 More information on the right of withdrawal results from our cancellation policy .
4.3 The right of withdrawal does not apply to consumers who are not a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the contract.
5. Prices and terms of payment
5.1 Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
5.2 In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 The payment options are/will be communicated to the customer in the seller's online shop.
5.4 If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.
5.5 When selecting a payment method offered by the payment service "Mollie", the payment processing is carried out by the payment service provider Mollie BV, Kezersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie will be informed of the customer in the seller's online shop. To handle payments, Mollie can use further payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on "Mollie" can be called up on the Internet at https://www.mollie.com
5.6 When selecting a payment method offered via the payment service "Stripe", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via stripe are communicated to the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on Stripe can be found on the Internet
5.7 When selecting a payment method offered via the payment service "Klarna", payment processing will be made via Klarna Bank (publ), Sveafen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the conditions of Klarna can be viewed here:
https://www.kunstplaza.de
6. Delivery and shipping conditions
6.1 If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer at the time of payment at PayPal is decisive.
6.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.
6.3 If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. Deviating from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer to the customer, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the shipment, if the customer has the freight leader, the carrier or the otherwise specific person or institution. Customers have not named this person or institution beforehand.
6.4 The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
6.5 Pick -up is not possible for logistical reasons.
7. Reference to title
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
8. Liability for defects (warranty)
Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the event of new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims for defects are excluded from used goods;
- the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.
8.2 The liability restrictions and deadline reductions, which are regulated above, do not apply
- For claims for damages and expenses of the customer,
- In the event that the seller has fraudulently concealed the defect,
- For goods that have been used for a building according to their usual uses and whose deficiency have caused,
- for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
8.3 In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.
8.4 If the customer acts as a businessman ISD § 1 HGB, the commercial examination and complaint is required in accordance with Section 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.
8.5 If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.
9. Liability
The seller is liable to the customer from all contractual, contractual and legal, also tortious claims for damage and expenses replacement as follows:
9.1 The seller is fully liable from every legal reason
- in the event of intent or gross negligence,
- In the event of intentional or negligent violation of life, body or health,
- Due to a promise of guarantee, unless otherwise regulated in this regard,
- based on mandatory liability such as the Product Liability Act.
9.2 If the seller negligently violates an essential contractual obligation, liability is limited to the typical, predictable damage, unless it is indefinitely accurately accurate in accordance with the above. Essential contractual obligations are obligations, which the contract imposes to the seller to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and that the customer can regularly trust.
9.3 Incidentally, the seller's liability is excluded.
9.4 The above liability regulations also apply to the liability of the seller for his vicarious agents and legal representatives.
10. Redeem of action vouchers
10.1 Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter "Action vouchers" ") can only be redeemed in the online shop of the seller and only in the specified period.
10.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.
10.3 Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 With an order, several action vouchers can also be redeemed.
10.5 The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.
10.6 If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
10.7 The credit of an action voucher is neither paid out in cash nor interest.
10.8 The promotional voucher will not be reimbursed if the customer returns the goods paid with the action voucher in whole or in part as part of its statutory right of withdrawal.
10.9 The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is justified, but not obliged to check the material claim for claims of the respective voucher holder.
B) Services and advertising
11. Contract conclusion and area of application
11.1 These terms and conditions regulate the contractual relationship between Kunstplaza and the natural and legal persons (members) who use the teledienst or services from Kunstplaza.
11.2 The services of the Kunstplaza platform are a non -binding request to the customer to claim services to post advertisements on kunstplaza.de.
11.3 By ordering the desired service on Kunstplaza.de, the customer makes a binding offer to conclude a purchase contract.
11.4 The online platform Kunstplaza immediately confirms access to the order. The order confirmation, as well as the acceptance of a telephone order, does not yet represent a legal acceptance on our part. We only take care of the offer by bringing the service to you or providing it for you (e.g. switching the advertisement). You will receive a written confirmation by email within 1 day. However, the customer is tied to his offer for a maximum of 1 day.
11.5 The contractual subject is the service ordered by the customer. The description of the offer applies with regard to the nature, otherwise Section 434 (1) sentence 3 BGB applies.
11.6 No valid purchase contracts are concluded among the members via Kunstplaza. The range of services from Kunstplaza as part of the online gallery only includes the provision of a platform for setting advertisements (e.g. works of art). For additional purchase contracts among the members, the general terms and conditions apply only to the extent that the conclusion of the contract on the internet platform Kunstplaza applies. These terms and conditions do not apply for performance disorders within the contractual relationship between the Kunstplaza members.
11.7 Minors are excluded from participating in the Kunstplaza Online Gallery.
12. Services of artificial plaza and advertising
12.1 Kunstplaza reserves the right to accept or reject advertising orders and to reject after the conclusion of the contract for legal, moral or similar reasons. The customer has the right to be informed about the reasons for rejection. If the customer is unable to deliver a redesigned advertisement to the requirements of the Kunstplaza, the customer is entitled to reimbursement paid. The assertion of further claims is expressly excluded.
12.2 Kunstplaza also reserves the right to postpone the circuit date on the basis of technical or other causes.
12.3 The scope of the agreed services results from the online advertisement order. Kunstplaza ensures the customer's best possible reproduction of the usual technical standard. However, the customer is aware that according to the state of the art, it is not possible to create a program completely free of errors.
12.4 The agreed advertising materials are placed on the mandatory side. In the absence of determination, the placement takes place at its own discretion with the greatest possible consideration of the suspected interests of the customer by artificial plaza. Kunstplaza reserves the right to expand, change and make improvements.
12.5 In principle, it is not possible to exclude competitors from the customer.
12.6 Services offered free of charge can be set at any time or further offered. This does not result in a reduction, reimbursement or compensation claim.
13. Services and duties of service customers
13.1 The customer ensures that the necessary information, data, files, the respective target addresses of the links and other material, which is required for the connection of the online advertisement order, is free of legal violations and third parties. Furthermore, the customer undertakes that his advertising content is moral and that there are no, violent, aggravating or other radical messages.
13.2 The customer guarantees that the material is suitable for the agreed purposes, in particular for the screen display in the corresponding environment and in the contractually agreed type and size. Kunstplaza assumes no liability for the supplied/provided material and is not obliged to keep it or send it back to the customer.
13.3 The customer must examine the advertised advertising immediately after their circuit and to complain about any errors within three working days after the first circuit. After this period, the online advertising and the way of publication are deemed to be removed.
13.4 Subject to other agreements, the customer is obliged to pay the agreed fees in accordance with the general price list, plus the sales tax to be calculated on this. Insofar as the customer does not comply with the delivery deadlines and the online advertising cannot be published or cannot be published on time, this leaves the claim of Kunstplaza unaffected to pay the agreed remuneration.
14. Terms of payment
14.1 All specified prices are gross prices in euros that contain the statutory VAT of currently 19 % and 7 % in books (...). The prices valid on the order day apply.
14.2 When providing teles services and services, the following payment methods are possible:
by PayPal or bank transfer
(The customer is obliged to pay the purchase price immediately by PayPal after the conclusion of the contract.)
14.3 At the customer's request, invoice is delivered in an electronic form. The invoice for the services of Kunstplaza will be drawn up on the first day of publication of the online advertisement order, but at the latest at the end of the month in which the order is switched on, provided the customer has asked for it. If an advance payment is not agreed, the invoice must be paid without deduction within ten working days after invoicing.
14.4 A change in advertising prices is expressly reserved. The price list published on the Internet at the time of the order is placed. In the event of a price increase, the customer is entitled to a right of withdrawal. This must be exercised within five working days after receiving the notification of the price increase.
14.5 The costs for the production of advertising materials, graphics and/or ad texts are not included in the advertising prices.
15. Liability
15.1 The internet platform Kunstplaza is only liable in cases of intent or gross negligence according to the legal provisions. Liability for guarantees is neglected. For slight negligence, Kunstplaza is only liable in accordance with the provisions of the Product Liability Act, due to the violation of life, body or health or because of the violation of essential contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the contractual, predictable damage, unless because of the violation of life, body or health. Kunstplaza is liable for the fault of vicarious agents and representatives. Liability for gross negligence is limited to the usually predictable damage in such cases.
15.2 The regulation of the above paragraph (8.1) extends to compensation in addition to the service, the compensation instead of the service and the claim for compensation due to unsuccessful expenses, regardless of the legal reason, including liability due to defects, delay or impossibility.
15.3 Kunstplaza is not liable for technical failures and failures that are outside the sphere of influence of Kunstplaza. Kunstlaza is only liable for direct damage, but not for indirect damage and/or lost profit, be it that they arise from the customer or third parties. According to Kunstplaza, the amount is in no way liable for a higher damage amount than the invoice amount to be paid by the client (net).
15.4 All claims for damages by the customer against Kunstplaza expire in six months from the occurrence of the damage.
15.5 The customer takes responsibility for advertising. In particular, he is liable for the fact that advertising corresponds to the press law and competition law provisions. The customer assures that he is for all usage rights required for the distribution of the owners of copyright, brand, health protection, personality and other rights to the documents provided or used by him (e.g. texts, photos, graphics, files, sound carriers and video tapes, etc.). The customer releases Kunstplaza from all claims by third parties who can grow from the partial or complete execution of the order.
16. Data protection
Our data protection declaration is available at Kunstplaza.de/datenschutzerklaerung/ .
17. Copyright / copyright
All foreign logos, images and graphics are owned by the relevant companies and are subject to the copyright of the corresponding licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which our own developments are or have been prepared by us may not be copied or used for any other. All rights reserved.
18. Left on our pages
Our offer contains links to external third -party websites, the content of which we have no influence on the content.
With judgment of May 12, 1998 - 312 O 85/98 - "Liability for Links", the district court of Hamburg decided that the content of the linked page may have to be asserted by spending a link. According to the LG, this can only be prevented by expressly distancing yourself from these content.
We hereby expressly distance ourselves from all content of all linked pages on our homepage. This explanation applies to all links attached on our website.
So we cannot guarantee this foreign content. The respective provider or operator of the pages is always responsible for the content of the linked pages.
The linked pages were checked for possible legal violations at the time of the link. Illegal content was not recognizable at the time of the link. However, permanent content control of the linked pages is not reasonable without specific indications of a violation of the law. If violations of the law become known, we will remove such links immediately.
19. Applicable law
19.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
19.2 Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal who are not a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time of the contract.
20. Code of conduct
- The seller has submitted to the conditions of participation for the ECOMMERCE initiative "Fairness in Trading", which can be viewed on the Internet at https://www.fairness-im-handel.de
/Conditions of participation / . - The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com
/Merchants /Answer /14629803 ? HL = de & ref_topic = 14629086 .
21. Alternative dispute resolution
21.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
21.2 The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.