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Terms of Service
Agnes Zimmermann/Agatha (AGB) Preamble
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Unfortunately, we can't avoid the so-called "small print" either. After all, we deal in sophisticated and sensitive works of art.
We therefore point out the following in advance:
Prints on canvas, acrylic glass and posters are always dependent on environmental influences, their appearance and color can change and fade. So that you can enjoy our works of art over the long term, they should not be exposed to direct sunlight, either in whole or in part, should not be hung directly above heaters and should not be exposed to humidity that exceeds the level of normal living spaces.
Prints on canvas, acrylic glass and Poste are therefore not suitable for outdoor use, basement rooms, bathrooms and kitchens, they are very sensitive to scratches and stains and should therefore only be touched with gloves or comparable protection.
contractual partner and user of these GTC
Agnes Zimmerman
PO Box: 600801
81208 Munich
E-mail: artbyagatha@gmx.de
Our terms and conditions aim to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following General Terms and Conditions of Agnes Zimmermann, whose acknowledgment and inclusion you acknowledge and confirm with an order from us. You can view the terms and conditions here.
§ 1 Scope
The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between Agnes Zimmermann and the customer. Agnes Zimmermann does not recognize deviating conditions of the customer, unless Agnes Zimmermann has expressly agreed to their validity in writing.
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§ 2 Conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. The products you have selected using the "Add to shopping cart" button are summarized again in an order overview at the end of the ordering process. Here you can check and change, supplement or correct all of the information provided during the ordering process. By clicking the "Buy now" button, you send your order data and make a binding declaration to Agnes Zimmermann that you want to purchase the products listed there (offer). We automatically accept your offer when we receive your order.
The text of your order will be saved by us and can be sent to you on request after completing your order. For your own security, Agnes Zimmermann recommends that you print out the order data and the general terms and conditions applicable at the time of the order. German is available to you as the contract language.
Please note that we only sell all products in normal household quantities.
§ 3 Revocation
We would like to point out that there is no right of withdrawal for works with a presentation freely selected by you ("size - canvas/acrylic glass/poster"), since the works created are individually made according to your specifications. For individual products, there is a right of withdrawal after § 312 g paragraph 2 no. 1 BGB excluded.
The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods, if you ordered one or more goods as part of a single order and the Goods or goods will be delivered in a single delivery
or
on which you or a third party named by you who is not the carrier took possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered separately.
To exercise your right of withdrawal, you must tell us:
Agnes Zimmerman
PO Box: 600801
81208 Munich
E-mail: artbyagatha@gmx.de
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within 30 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods in the original packaging without delay and in any case no later than 30 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 30 days has expired. You bear the direct costs of returning the goods for orders.
As a rule, the goods cannot be returned by normal mail.
Please contact customer service for more information: artbyagatha@gmx.de
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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§ 4 Delivery
Unless otherwise agreed, delivery will be made from the warehouse to your address or to the delivery address you have specified. The delivery time is approx. 8 working days within Germany and approx. 10 days abroad.
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§ 5 Prices, Due Date and Payment, Default
The prices given in the online shop are final prices including sales tax. Shipping costs are included in the price of the order.
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In the event that the customer's account does not have sufficient funds or the customer objects to the direct debit without justification, Agnes Zimmermann can demand a processing fee of EUR 15.00 from the customer.
If you are in default of payment, Agnes Zimmermann is entitled to demand default interest of 5 percentage points above the base interest rate pa announced by the European Central Bank for consumers and 9 percentage points above the base interest rate pa announced by the European Central Bank for entrepreneurs. In addition, Agnes Zimmermann can demand a flat rate of €2.50 per reminder, with the exception of the first reminder. If Agnes Zimmermann has demonstrably incurred a higher damage caused by the delay, Agnes Zimmermann is entitled to assert this.
In the above cases, you can prove that Agnes Zimmermann did not suffer any damage at all or that this is lower than the above flat rates.
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§ 6 Retention of title
The delivered goods remain the property of Agnes Zimmermann until full and final payment.
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§ 7 Warranty
The statutory warranty rights apply unless otherwise expressly agreed.
If you as the customer are an entrepreneur according to § 14 BGB, your claims for defects presuppose that you have complied with your statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect is found during the inspection or later, we must be notified immediately in writing. The notification is deemed to be immediate if it is made within two weeks, whereby the timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to examine and give notice of defects, you must report obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby timely dispatch of the notification is sufficient to meet the deadline. If you fail to carry out the proper inspection and/or notification of defects, our liability for the non-notified defect is excluded.
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§ 8 No granting of rights
With the purchase of a photographic print, you only acquire physical ownership of the print. No other rights of use are granted. Any reproduction (duplication), distribution, rental, public access or other analogue or digital exploitation is not permitted unless permitted by law. However, you can resell the print.
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§ 9 Collection, processing and use of personal data
All regulations for the protection of your data can be found under data protection.
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Status: 01.05.2022
Agnes Zimmerman
PO Box: 600801
81208 Munich
Germany