Terms and Conditions

General Terms and Conditions with Customer Information

Scope
Offers and Service Descriptions
Order Process and Conclusion of Contract
Prices and Shipping Costs
Delivery, Availability of Goods
Terms of Payment
Retention of Title
Customer Account
Warranty for Defects and Guarantees
Liability
Storage of Contract Text
Final Provisions

1. Scope

1.1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between Galerie S-Art, Owner: Markus Kurz, Lindenallee 10, 45127 Essen (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer").
1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their trade or profession.
1.3. Deviating terms and conditions of the Customer are not recognized unless the Seller expressly agrees to their validity.

2. Offers and Service Descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. Service descriptions in catalogues or on the Seller's websites do not have the character of a guarantee or assurance.
2.2. All offers are valid “while supplies last,” unless otherwise noted for the products. Errors are excepted.

3. Order Process and Conclusion of Contract

3.1. The Customer may select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart via the button: [add to cart]. Within the shopping cart, the product selection may be changed, e.g., removed. The Customer may then proceed to checkout via the button: [proceed to checkout].
3.2. By clicking the button: [place binding order], the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer may view and modify the data at any time, return to the shopping cart using the browser’s “back” function, or cancel the order process entirely. Required information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic confirmation of receipt via email, which lists the Customer’s order again and can be printed by the Customer using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is concluded only when the Seller ships the ordered product within 2 days, delivers it, or confirms the shipment within 2 days by sending a second email, an express order confirmation, or the invoice. Acceptance may also occur through a payment request sent by the Seller to the Customer and, at the latest, by completion of the payment process. In the case of multiple acceptance events, the earliest acceptance time is decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract is concluded, and the Customer is no longer bound by their offer.
3.4. For Customers who are entrepreneurs, the aforementioned period for shipping, delivery, or order confirmation is seven instead of two days.
3.5. If the Seller offers advance payment, the contract is concluded upon provision of the bank details and payment request. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, despite being due and despite a reminder, the Seller withdraws from the contract. As a result, the order becomes void, and the Seller has no delivery obligation. The order is then considered completed for both the Buyer and the Seller without further consequences. Reservation of the item for advance payment is therefore limited to a maximum of 10 calendar days.

4. Prices and Shipping Costs

4.1. All prices listed on the Seller’s website include the applicable statutory VAT.
4.2. In addition to the listed prices, the Seller charges shipping costs. These are clearly communicated on a separate information page and during the ordering process.

5. Delivery and Product Availability

5.1. If advance payment has been agreed upon, delivery occurs after the invoice amount has been received.
5.2. If delivery of the goods fails due to the fault of the Buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments already made will be refunded to the Customer without delay.
5.3. If the ordered product is unavailable because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In such a case, the Seller will inform the Customer without delay and, if applicable, offer delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will promptly refund any consideration already provided by the Customer.
5.4. Customers are informed of delivery times and delivery restrictions (e.g., limitation of deliveries to certain countries) on a separate information page or within the respective product description.
5.5. For Customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the Buyer as soon as the Seller has handed over the item to the carrier, freight forwarder, or other person or entity designated for shipment. The indicated delivery dates and periods, unless otherwise agreed, are not fixed deadlines.
5.6. Delivery and performance delays due to force majeure and unforeseeable events that significantly impede or make delivery impossible are not the responsibility of the Seller, even for Customers who are entrepreneurs and even when deadlines or dates have been agreed upon as binding. In such cases, the Seller is entitled to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period. This right to extend the period also applies to entrepreneurial Customers in the event of unforeseeable events affecting a supplier’s operations, for which neither the supplier nor the Seller is responsible. During the duration of such hindrance, the Customer is also released from their contractual obligations, in particular from payment. If the delay is unreasonable for the Customer, they may withdraw from the contract by written declaration after setting a reasonable deadline or in mutual agreement with the Seller.

6. Terms of Payment

6.1. The Customer may choose among the available payment methods during the ordering process. Information on available payment methods is provided separately.
6.2. If third-party providers (e.g., PayPal) are involved in the payment process, their terms and conditions apply.
6.3. If a payment date is specified by the calendar, the Customer is in default by missing the deadline. Statutory default interest applies.
6.4. The obligation to pay default interest does not exclude the assertion of further default damage by the Seller.
6.5. The Customer may set off only if their counterclaims are legally established or recognized by the Seller. A right of retention may be exercised only if the claims arise from the same contractual relationship.

7. Retention of Title

Until full payment has been made, the delivered goods remain the property of the Seller. For Customers who are entrepreneurs, the following additional provisions apply: The Seller retains ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. The Buyer is obliged to handle the goods with care as long as ownership has not yet transferred to him. In particular, the Buyer is required, insofar as reasonable or customary in the industry, to insure the goods at his own expense against theft, fire, and water damage at replacement value. If maintenance and inspection work must be carried out, the Buyer must perform such work in due time at his own expense. Any processing or transformation of the goods subject to retention of title by the Customer shall always be carried out on behalf of the Seller. If the goods subject to retention of title are processed together with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title relative to the other processed items at the time of processing. The same provisions that apply to the goods subject to retention of title also apply to items created through such processing. The Customer also assigns to the Seller, as security for the Seller’s claims against him, any claims arising against third parties from the connection of the goods subject to retention of title with real property. The Customer must immediately notify the Seller of any third-party access to goods owned or co-owned by the Seller. Costs arising from such interventions, in particular costs of a third-party objection lawsuit or expenses for an extrajudicial release, shall be borne by the Customer. The Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Seller, for security purposes and in full, all claims arising from the resale or any other legal reason in connection with the goods subject to retention of title (including all balance claims from current account relationships). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller in his own name and for his own account. This collection authorization may be revoked if the Customer does not properly meet his payment obligations. The Seller undertakes to release the securities to which the Seller is entitled upon the Customer’s request if their total realisable value exceeds the Seller’s outstanding claims from the business relationship by more than 10% (or by more than 50% in the presence of a realisation risk). The Seller has the right to choose which securities to release. Upon settlement of all claims of the Seller arising from supply transactions, ownership of the goods subject to retention of title and the assigned claims transfer to the Buyer. The Seller retains the right to select which securities are to be released.

8. Customer Account

8.1. The Seller provides the Customer with a customer account. Within the customer account, the Customer receives information about their orders and the personal data stored by the Seller. The information stored in the customer account is not public.
8.2. In order to place an order, Customers must create a customer account. Guest checkout is not possible.
8.3. Customers are obliged to provide truthful information in their customer account and to update this information to reflect any changes in actual circumstances as necessary (e.g., a changed email address or a changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
8.4. The customer account may only be used in accordance with applicable legal provisions, in particular regulations for the protection of third-party rights, and in accordance with the Seller’s Terms and Conditions, using the access forms and other technical access methods provided by the Seller. Any other type of use, especially via external software such as bots or crawlers, is prohibited.
8.5. To the extent that Customers store, provide, or otherwise submit content or information within the customer account (hereinafter referred to as “Content”), the Customers are responsible for this information. The Seller does not adopt the Customer Content as its own. However, depending on the degree of legal risk posed by the Content, particularly risks to third parties, the Seller reserves the right to take appropriate measures. Such measures, in line with necessity, reasonableness, diligence, objectivity, as well as fairness and the interests of all parties involved, including the basic rights of Customers, may include (partial) deletion of content, requests for action or statements, warnings and notices, as well as bans from the platform.
8.6. Customers may delete their customer account at any time. The Seller may terminate a customer account at any time with reasonable notice, typically two weeks. The termination must be reasonable for the Customer. The Seller reserves the right to terminate for extraordinary reasons.
8.7. From the time of termination, the customer account and the information stored therein will no longer be available to the Customer. It is the Customer’s responsibility to back up their data when terminating the customer account.

9. Warranty for Defects and Guarantee

9.1. The warranty (liability for defects) is governed, subject to the following provisions, by statutory regulations.
9.2. A guarantee exists for goods delivered by the Seller only if it has been expressly provided. Customers are informed of the guarantee conditions before the start of the ordering process.
9.3. If the Customer is an entrepreneur, they must, without prejudice to statutory inspection obligations, examine the goods immediately and notify the supplier in writing of any recognizable defects without delay, at the latest within two weeks of delivery, and of any non-obvious defects immediately, at the latest within two weeks of discovery. Minor deviations in quality, weight, size, thickness, width, equipment, pattern, or color that are customary in trade or permitted under quality standards do not constitute defects.
9.4. If the Customer is an entrepreneur, the Seller has the choice between rectification (repair) or subsequent delivery of defective goods.
9.5. Defects shall, without prejudice to the liability provisions of these Terms and Conditions, generally become time-barred one year after the transfer of risk for Customers who are entrepreneurs, unless mandatory statutory provisions, in particular special regulations for recourse by the entrepreneur, require longer periods. For used goods, the warranty for entrepreneurial Customers is excluded.
9.6. If the Customer, being an entrepreneur, incorporates the defective item within the meaning of § 439 (3) BGB into another item or attaches it to another item according to its nature and intended use, the Seller, subject to an express agreement and without prejudice to other warranty obligations, is not obliged under the supplementary performance to reimburse the Customer for the necessary expenses for removing the defective item and for installing or attaching the repaired or delivered defect-free item. Accordingly, the Seller is also not obliged to reimburse such expenses in the event of recourse by the Customer within the supply chain (i.e., between the Customer and their customers).

10. Liability

10.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to other statutory requirements for claims.
10.2. The Seller is fully liable to the extent that the cause of the damage is intentional or due to gross negligence.
10.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the violation of which jeopardizes the achievement of the contractual purpose, or for the breach of obligations whose performance makes the proper execution of the contract possible in the first place and on which the Customer regularly relies. In such cases, the Seller is liable only for foreseeable, contract-typical damages. The Seller is not liable for the slightly negligent breach of other obligations not mentioned above.
10.4. The above limitations of liability do not apply to injury to life, body, or health, for a defect covered by a guarantee concerning the quality of the product, or in cases of fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.
10.5. To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

11. Storage of the Contract Text

11.1. The Customer may print the contract text before submitting the order to the Seller by using the print function of their browser in the final step of the ordering process.
11.2. The Seller also sends the Customer an order confirmation containing all order details to the email address provided by the Customer. With the order confirmation, and at the latest upon delivery of the goods, the Customer also receives a copy of the Terms and Conditions, the cancellation policy, and information on shipping, delivery, and payment terms. If the Customer has registered in the online shop, they can view their orders in their profile section. The Seller stores the contract text but does not make it publicly accessible on the Internet.
11.3. Customers who are entrepreneurs may receive the contract documents via email, in writing, or by reference to an online source.

12. Final Provisions

12.1. If the Customer is an entrepreneur, and subject to other agreements or mandatory statutory provisions, the place of performance is the Seller’s registered office. The place of jurisdiction is also the Seller’s registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law, or if the Customer has no general place of jurisdiction in the country where the Seller is based. The Seller reserves the right to choose another permissible place of jurisdiction.
12.2. For entrepreneurs, the law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions oppose this.
12.3. The contract language is German.
12.4. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.