Inh. Silke Maurer, Prenzlauer Allee 193, 10405 Berlin, GERMANY
handles and ships all articles available in this shop on behalf of
TERMS AND CONDITIONS
Because we deal in exquisite and delicate works of art, we would like to establish a fair and binding business relationship between you and us. The basis of an order and a contract is therefore always in accordance with the following general terms & conditions of ACHTEINHALB, Inh. Silke Maurer. The acknowledgment and inclusion of these terms & conditions are acknowledged and confirmed by you when you place an order.
§ 1 Scope
For the business relationship between ACHTEINHALB, Inh. Silke Maurer, doing business under the brand ACHTEINHALB, and the orderer, the following general terms & conditions apply exclusively in the relevant version at the time the order is placed.
§ 2 Conclusion of contract
Your order represents an order to us to conclude a sales contract. When you place an order with ACHTEINHALB, we send you an e-mail that confirms your order with us and provides order details (order confirmation). This order confirmation does not represent an acceptance of your offer. It is instead intended only to inform you that your order has arrived with us. A sales contract is established, when we send you the ordered product. For products from the same order that are not itemized on shipping documents, no sales contract is established. Please note that we sell all products only in small quantities.
§ 3 Cancellations, returns
With all online orders, you buy at no risk: you may cancel your order within 2 weeks in text form (e.g., letter, fax, e-mail) or by sending the item back to us without providing any reason. If within the permitted cancellation period, the timely mailing of a cancellation or return of an item is sufficient. This right is limited to 2 items per orderer per fiscal quarter. Cancellations should be sent to ACHTEINHALB, Berlin.
Excluded from the right of cancellation: raw prints (unframed and unlaminated), because their fragile nature is not appropriate for returns.
In the case of a valid cancellation, services received by both sides are to be compensated. If you can only return a delivered item entirely or partially not or only in deteriorated condition, you must compensate us for this value. This does not apply when the deterioration of the item can be ascribed exclusively to a previous examination – as would be possible for you in the shop.
Incidentally, you can avoid a replacement value requirement by not putting an item into use as its owner and refraining from doing anything that would affect the value of the item. With lamination and frames, this includes scratches, stains, and fractures – all of which equate to a total loss. Items should be returned in the original special packaging they were delivered in, using all protective materials for protection. If you are a private individual in Germany, delivery takes place at our risk, otherwise at your risk. If a delivery is wrong and the order was placed by a private individual in Germany, costs of €40.00 or higher will be paid by ACHTEINHALB, otherwise you are responsible for costs.
§ 4 Delivery
If not otherwise agreed, delivery takes place from the warehouse to the address of the orderer or to a delivery address provided by the orderer. Information about delivery times is non-binding, unless as an exception, the delivery date has been confirmed as binding.
The buyer should immediately examine the item for damages and report any defects to the shipping company before acceptance. If obvious damages are present but only noticed after acceptance, the buyer has until 5 days after acceptance to report this to us. If the buyer does not do this, the enforcement of a defect claim for such obvious damages is excluded.
§ 5 Payment date and payment, default
The orderer pays the purchase price via Paypal (prepayment).
§ 6 Offset, retention
The orderer has a right to offset, when a counterclaim is found to be legally binding or recognized by ACHTEINHALB. In addition, exercise of a right of offset is authorized only insofar as the counterclaim is based on the same contractual relationship.
§ 7 Reservation of title
The delivered item remains under ownership of ACHTEINHALB until full and final payment is completed.
§ 8 Liability
ACHTEINHALB is liable only when ACHTEINHALB or one of its agents violates an essential contractual obligation (cardinal obligation) in a manner that endangers the contractual purpose, or the damages are a result of gross neglect or intent of ACHTEINHALB. Provided this does not take place as a result of gross neglect or intent, the liability of ACHTEINHALB is limited to damages that were reasonably foreseeable at the time of contract conclusion.
Liability due to guaranteed condition, bodily injury as well as due to mandatory legal guidelines, especially product liability law, remains intact.
§ 9 Warranty, appropriate handling
It is an established precondition that all print editions, depending on environmental influences, may change their appearance and coloration, or fade. ACHTEINHALB provides no warranty for this unalterable process of change.
Otherwise, the legal warranty period is 2 years and begins with transfer of the item. During this time, all defects that are subject to the legal warranty period will be corrected free of charge. Excluded from the warranty are damages that are a result of natural deterioration, improper usage, or due to insufficient or improper care or storage. We refer to § 4.
Laminations and frames should not be exposed to full or partial direct sunlight, not hung above heaters, and not exposed to a higher than normal room humidity. Photographs, laminations, and frames are therefore not appropriate for outdoors, cellars, bathrooms, or kitchens. Laminations with a UV protection layer or acrylic glass as well as wooden frames are extremely sensitive to scratches and stains, and should therefore only be handled using gloves or comparable protection.
§ 10 No concession of rights, exhibitions
With the purchase of an artistic work of art, you acquire ownership of the physical work only. No usage rights of any kind are included. Any reproduction, distribution, rental, public availability, or other analog or digital utilization is prohibited.
The public exhibition of acquired works of art requires in individual cases the approval of the artist.
§ 11 Collection, processing, and usage of personal data
Data and information that we receive from you help us to customize your shopping experience at ACHTEINHALB and implement continuous improvements. We use this information for processing orders, delivering merchandise, and delivering services as well as for payment processing (with purchase on account, also for required verifications). We also use your information to communicate with you about orders, products, marketing offers, and send the 4th RAIK and related ACHTEINHALB newsletter as well as to update our datasets, and to maintain and administer your customer accounts with us as well as to display shopping cart contents and – with your approval – to recommend products or services that may be of interest to you. We also use your information to improve our offerings, prevent or uncover misuse of our website, or to enable third parties to provide technical, logistical, or other services contracted by us.
§ 14 Applicable law
German law applies under exclusion of Uniform Law on the International Sale of Goods (CISG).