- Subject and conditions
- Purchase price and methods of payment
- Delivery of the oil painting
- Right of withdrawal
- Costs for return shipment
- Legal warranty
- Force majeure
- Intellectual property
- Data protection
- Applicable law
- Dispute Resolution
- Responsible court
1. Subject and conditions
The purpose of the website ((www.natura-mystica.eu) of EBERHARD print & medien agentur gmbh is to present the oil paintings of the artist Siegbert Hahn (hereinafter referred to as the “Seller”) to users of the site (potential “Buyers”) and to give them the opportunity to discover and purchase the paintings online directly from the Seller. The Seller is classified by law as an “entrepreneur” within the meaning of § 14 BGB (German Civil Code).
The present General Terms and Conditions have as their object the determination of the modalities and conditions of sale of the oil paintings presented on the site and the determination of the rights and obligations of the parties in this relationship.
Purchases made via the website are concluded directly between the Buyer and the Seller. In no case EBERHARD print & medien agentur gmbh is a reseller of the works offered by the Seller via the website.
EBERHARD print & medien agentur gmbh acts exclusively within the framework of the provision of the site only as an intermediary and thus enables a bringing together of sellers and buyers. Consequently, EBERHARD print & medien agentur gmbh 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.
The unqualified acceptance of the complete, present General Terms and Conditions is required for the conclusion of the purchase contract by both the Seller and the Buyer. This acceptance is indicated by a checkbox in the order form of the work.
The oil painting is offered for sale by the Seller on the site subject to its availability. Each offered painting is accompanied by an information sheet with details, in particular, the carrier, size, weight and condition.
In order to order an oil painting, the Buyer must select the painting of his/her choice, add it to the shopping cart and provide information about himself/herself that is necessary for the completion of the order. Before the Buyer can confirm his/her order, he/she must check the information in the order summary and correct possible errors in the data entered, as well as take note of the shipping costs.
The Buyer’s account shall not be debited with the payment until the Buyer’s purchase offer has been confirmed. This shall be done within 48 hours by EBERHARD print & medien agentur gmbh to guarantee the availability of the work at the Seller.
In the event that the oil painting is no longer available, the Buyer shall be informed within 48 hours by e-mail. This shall result in cancellation of the order.
4. Purchase price and methods of payment
The purchase price of the oil painting is listed on the page in the currency specified by the Buyer and is inclusive of VAT and, if applicable, plus shipping and handling costs. The various possible shipping methods and the associated costs are indicated in the order summary. Shipping and packaging costs depend on the type of work, its size and weight, and the place of delivery.
The transfer of ownership takes place as soon as the Buyer has paid the full purchase price. In case of non-payment of the full price, the purchase will be automatically cancelled and the painting will be put up for sale again on the site of Natura mystica – Siegbert Hahn.
5. Delivery of the oil painting
The delivery of the ordered oil painting shall 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 specified at the time of the order.
The Buyer shall inform himself/herself 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 exclusively on the Seller, since EBERHARD print & medien agentur gmbh cannot be held responsible in any way in case of violation of the Seller.
However, the Seller may file a lawsuit against the shipping service provider. The Buyer undertakes to check the condition of the work upon receipt of the order and to express any reservation in writing and without delay, but at the latest within 48 hours, to EBERHARD print & medien agentur gmbh, which will forward it to the Seller.
6. Right of withdrawal
In application of § 355 BGB, the Buyer has, from the date of delivery or delivery of the painting by the art transport company, a 14-day right of withdrawal. The Buyer can return the painting without giving any reason. The 14-day period is based on the delivery date, or the date of delivery or handover of the painting to the Buyer. This is based on the delivery documents of the art transport company, in which the receipt was confirmed by the Buyer.
The Buyer may exercise his/her right of withdrawal against the Seller and EBERHARD print & medien agentur gmbh by sending an E-Mail to the following address: firstname.lastname@example.org.
EBERHARD print & medien agentur gmbh shall then be responsible for the Buyer’s revocation and shall refund it within 14 days after the day on which EBERHARD print & medien agentur gmbh has received the returned painting, checked it for integrity and verified the condition of the painting for authenticity.
The refund refers to the price of the painting paid by the Buyer as well as to the restitution fee.
The Seller as well as EBERHARD print & medien agentur gmbh reserve the right, at their own discretion, to neither take back nor refund any painting returned damaged or soiled by the Buyer.
The right of withdrawal does not apply to distance contracts for the delivery of goods, if the painting or the custom-made model frame was made according to customer specifications or it is a commissioned work. In this case, there is no right of withdrawal on the part of the Buyer.
7. Costs for return shipment
The costs for the return shipment shall be fully borne by the Seller. The Seller must ensure that the painting is transported back by the art transport company that delivered the purchased painting. The Buyer is also obliged to insure the painting according to its value. The Seller or EBERHARD print & medien agentur gmbh shall only bear the costs of the delivery, but not the costs for the return shipment.
We point out again that the Seller or EBERHARD print & medien agentur gmbh refuses to take back the painting if it is dirty or damaged.
8. Legal warranty
The Seller undertakes to comply with and implement the legal warranties from which the Buyer benefits, more precisely: the warranty for non-conformity and the warranty for material defects.
9. Force majeure
A case of force majeure may interrupt the performance of the contract or, should it be definitive, result in the cancellation of the purchase. Expressly considered as force majeure or coincidences are those cases that are usually considered as such by the jurisprudence of the German courts and tribunals, that is, an event beyond the control of the debtor that could not be properly foreseen at the time of the conclusion of the contract and the consequences of which cannot be avoided by taking appropriate measures. The party invoking a case of force majeure shall immediately notify the other party thereof and of its disappearance.
10. Intellectual property
The Seller guarantees to be the owner of the sold work and that the work does not violate any applicable laws, regulations and standards in any way and does not violate any rights of third parties.
He undertakes to protect EBERHARD print & medien agentur gmbh and the Buyer against a claim of a third party concerning the sold oil painting within the scope of warranty due to defect of title.
In the event of sale, the Seller transfers to the Buyer the material carrier of the work and assigns to him/her his rights of reproduction of the work. However, the Seller retains the moral right to the sold oil painting as well as the rights associated with its reproduction.
11. Data protection
For the correct implementation of these conditions, EBERHARD print & medien agentur gmbh collects and stores personal data of the Buyer.
In application of Art. 4 No. 1 (Section: Personal Data) of the DSGVO – Basic Data Protection Regulation of May 25, 2018 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 are processed when ordering via the website, 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: email@example.com.
Personal data provided by the Buyer shall be deleted no later than six months after the Buyer’s account is closed.
EBERHARD print & medien agentur gmbh reserves the right to store certain data in order to prove, if necessary, the correct implementation of its contractual or legal obligations. The data thus stored will be limited to those that are necessary for the use of the service.
EBERHARD print & medien agentur gmbh undertakes to take all measures to better protect the confidentiality of the information provided by the Buyer and the Seller.
12. Applicable law
These general terms and conditions are subject to German law.
13. Dispute resolution
As stipulated in Article 2, paragraph 3 of the Consumer Code (VSBG) of 19.02.2016 or 25.06.2020 (amendment) 6.2020, in the event of a dispute, the Buyer has the right to have recourse to a consumer ombudsman with a view to amicable settlement of any dispute concerning the implementation of these GTC.
The user can find the list of ombudsmen on the page of the Federal Ministry of Justice and Consumer Protection, which deals with it: https://www.bmjv.de
14. Responsible court
Any dispute concerning the validity, interpretation or implementation of these General Terms and Conditions shall be submitted to the courts of Cologne (Germany).
Last update 12.10.2021
1. Identity of the Seller
Contactable via the address of the intermediary
2. Identity of the intermediary
EBERHARD print & medien agentur gmbh
Mauritiusstraße 53, 56072 Koblenz, Germany
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online
Dispute Resolution (ODR platform), available at https://e.europe.eu/odr.
The Seller is willing to participate in dispute resolution proceedings before consumer arbitration bodies.
3. Contract language and contract text storage
3.1 The contract language is German.
3.2 The complete contract text shall not be stored by us. Before sending the order via the shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After you have sent the order, you can request via mail (firstname.lastname@example.org) the legally required information for distance contracts and the General Terms and Conditions.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Payment terms and prices
5.1 The prices listed in the respective offers as well as the shipping costs represent the total price. They comprise all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. The shipping costs are shown in the order process on our website or in the respective offer and are to be paid additionally by the Buyer, unless the delivery free of shipping costs is promised.
5.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by the Buyer.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by the Buyer in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to the Buyer are shown under the corresponding button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, any payment claims arising from the concluded contract are due for payment immediately.
Last update 12.10.2021