Legal terms and conditions
Dear art collectors, the following general terms and conditions have the aim to regulate the business relationship between you and us fairly and bindingly. These terms and conditions, whose inclusion and acknowledgment you must recognize and confirm with your order with us, are the basis of an order and a contract between you and us. At this point, you can view the terms and conditions and of course print out for your records.
§ 1 scope
Only the following terms and conditions apply in their version valid at the time of the order for the business relationship between nugloss GmbH (hereinafter referred to as "nugloss") and the buyer. Divergent, conflicting or supplementary general terms and conditions of the buyer shall not become part of the contract even if they are known, unless their validity is expressly agreed in writing by nugloss. "Consumer" in the sense of these general terms and conditions is any natural person who concludes a legal transaction for a purpose with nugloss, which can be attributed neither their commercial nor their independent professional activity (§ 13 BGB). "Entrepreneur" in the sense of these General Terms and Conditions is a natural or legal person or a legal partnership which, upon concluding a legal transaction with nugloss, acts in the exercise of its commercial or independent professional activity (§ 14 BGB). "Buyer" within the meaning of these terms and conditions means consumers and entrepreneurs alike.
§ 2 revocation
As far as the legal right of withdrawal applies to orders of goods in our Internet shop, we replace this with a right of return according to legal requirements. The granting of rights that go beyond the legal requirements does not occur. Information on the condition and consequences of this legally regulated right of return for shipping orders can be found below:
You can return the goods received without stating reasons within 14 days by returning the goods. The period begins after receipt of this instruction in writing (eg by letter, fax, e-mail), but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery) and not before fulfillment of our information obligations according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. Only in the case of goods that can not be shipped by parcel (eg in the case of bulky goods) can you also declare the return by requesting a return in writing. To meet the deadline, the timely dispatch of the goods or the return request is sufficient. In any case, the return is at our expense and risk. The return or the return request must be sent to: nugloss GmbH Schleusenstraße 9 60327 Frankfurt am Main E-Mail: email@example.com In the case of a return request, the goods will be picked up at your place of delivery.
consequences of return
In the case of an effective return, the services received on both sides must be returned and any benefits derived must be surrendered. In the event of a deterioration of the item and for uses (eg benefits of use) that can not be or will not be issued or only in a deteriorated condition, you must pay us compensation in this respect. For the deterioration of the thing and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. By "testing the characteristics and the mode of operation" is meant testing and trying out the respective goods, as is possible and customary in the store, for example. Obligations to reimburse payments must be met within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.
End of the return policy
§ 3 delivery
Unless otherwise agreed, delivery from the production site to the delivery address specified by the buyer. If the purchaser is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the purchaser in the case of a consignment sale with the delivery of the goods to the carrier, the carrier or the person or institution otherwise responsible for carrying out the consignment. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold only with the delivery of the goods to the buyer. The transfer is the same if the buyer is in default of acceptance.
§ 4 price, due date and payment, arrears
The prices stated at the time of the order apply. The legal value added tax is included in the stated purchase price and shown separately. nugloss does not charge extra shipping costs for shipping goods within Germany. All shipping costs within Germany are included in the advertised prices. This does not apply to special formats and productions agreed separately with the buyer as well as to goods with a gross sales price below 20 Euro. Here are the shipping costs to be borne by the buyer. The amount of these shipping costs will be shown separately in this case. If, for logistical reasons, the order should be distributed over several shipments, the buyer will incur no additional costs. The purchase price is paid by the customer by credit card, paypal or direct debit before delivery (prepayment). The debit of the credit card account of the customer takes place upon completion of the order. When paying by direct debit, the account of the purchaser is also debited upon completion of the order. In individual cases, for business customers the purchase against invoice can be granted after examination of nugloss. When paying by invoice, the invoice amount is due 14 days after the invoice date. The buyer is in default without further explanation by nugloss with the due date indicated in the invoice, as far as he has culpably not paid the invoice amount.
§ 5 offsetting, retention
The buyer is entitled to set-off only if his counterclaims are legally established or recognized by nugloss. The buyer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Retention of title
Until complete and final payment, the delivered goods remain the property of nugloss.
§ 7 liability
nugloss is fully liable for damages resulting from injury to life, limb or health that are based on a breach of duty by nugloss, a legal representative or vicarious agent of nugloss and for damage caused by the absence of a guaranteed non-negligent nature or in the case of malicious conduct from nugloss. nugloss is liable without limitation for damages caused intentionally or by gross negligence by nugloss or the legal representatives or vicarious agents of nugloss. In the event of a breach of material contractual obligations caused by slight negligence nugloss shall be liable to the extent of the contractually foreseeable damage, except in the cases of § 7 para. 1 or § 7 para. 2. Substantial contractual obligations are abstractly those obligations whose fulfillment makes the proper implementation of a contract possible in the first place and on the compliance of which the contracting parties may regularly rely. Liability under the Product Liability Act remains unaffected. Incidentally, liability of nugloss is excluded.
§ 8 warranty
nugloss assumes as known that all photographs are dependent on environmental influences. In particular, the colors and appearance of the photographs may change and fade over time. Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from the notification of the defect; otherwise the assertion of the warranty claim is excluded. Consumers and entrepreneurs are entitled to the statutory warranty rights. Defects claims of entrepreneurs expire after one (1) year. For intentional or malicious behavior as well as claims under the Product Liability Act and in the case of injury to life, limb or health due to defects, however, the statutory period of limitation of defects shall apply.
§ 9 Proper treatment of the goods
Photographs, laminations as well as frames should not be exposed to direct sunlight in whole or in part, nor should they be exposed to atmospheric moisture exceeding the level of normal living spaces nor should they be hung directly above heaters. They are therefore not suitable for outdoor use, basements, kitchens or bathrooms. In particular, laminations with UV protection film or acrylic glass and wooden frame are very scratch and stain sensitive and should therefore only be handled with special protection such as gloves.
§ 10 No granting of rights, exhibitions
By purchasing a photographic print, the buyer acquires ownership of the delivered print. Other rights of use of the possibly copyrighted illustrations and motifs are not granted.
§ 11 Applicable law
German law applies, excluding the CISG.
Information about the conclusion of the contract
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking on the button "Buy" / "order to pay" you place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of your order is made together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation the purchase contract has come about.