TERMS AND CONDITIONS
Between Mr Timothy Powala (photo montage POWAŁA), Pestalozzi Street 33, 80469 Munich - hereinafter provider - and the clients referred to in § 2 - hereinafter customer -
§ 1 Scope, definitions
(1), the following general terms and conditions apply are valid at the time of the order for the business relationship between the Webshop providers (hereinafter "Providers") and the Customer (hereinafter "Customer"). Different conditions of the customer are not recognized, unless the provider agrees to their validity in writing.
(2) The customer is a consumer, when he enters into a transaction for purposes which can be attributed mainly to neither the person's commercial or independent professional activity. In contrast an entrepreneur is any natural or legal person or unincorporated organization that trades in their commercial or independent professional activity when concluding a legal transaction.
§ 2 Conclusion of Contract, Parties
(1) The customer can choose from the selection of the supplier products, particularly fine art prints and photographs, and select this "add to cart" button and collect in a so-called basket. With the button "purchase order" he emits a binding offer to purchase the goods in the basket. Before submitting the order, the customer can change the data at any time and view changes. The application can, however, only be submitted and received, if the customer has "Accept Terms" by clicking on the terms of this Agreement and accepted to include in his application. The provider enters into contracts exclusively with the client.
(2) The provider then sends - possibly via a third party - the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and can print using the "Print" function of the customer. The automatic confirmation of receipt (confirmation of order) only documents that the customer's order is received by the provider and does not constitute acceptance of the application. The contract is only concluded by the declaration of acceptance by the provider, with a separate e-mail (order confirmation) dispatched or by shipping the product and the confirmation of shipment by e-mail (shipping receipt). If an order is in more than one package, the provider will send a separate shipment confirmation per package. Therefore comes separate purchase contracts with confirmation for each for product shipping. 2.5
§ 3 Delivery, product availability
(1) information by the provider for availability, for shipment or delivery of a product are non-binding and only estimated data, unless they are expressly designated as binding.
(2) Where on the date the customer's order no copies of the selected product is available to him, the provider shall notify the customer in the order confirmation immediately. The provider refrains from acceptance. A contract is not concluded in this case.
§ 4 Retention of title
Until full payment, the goods to be delivered remain the property of the provider.
§ 5 Prices, shipping charges, duty
(1) All prices stated on the vendor's site, are inclusive of applicable taxes.
(2) Administrative, Packaging, Shipping and Handling cost is included in the quoted price.
(3) The order will be shipped by express mail. The transit risk is borne by the provider, if the customer is a consumer.
(4) The customer in the event of cancellation shall bear the regular costs of the return if the delivered goods correspond to those ordered.
(5) If the customer orders offered products for delivery outside the EU, import duties and taxes may apply. These additional fees must be fully paid solely by and from the customer. The customer is obliged also to comply with all regulations of the country in which the Products are delivered.
§ 5a Additional Product Information and Delivery Restrictions
(1) Each piece is individually custom reproduced using museum quality materials by fine art printing experts in Munich, Germany. The artist evaluates each work of art and chooses what he feels is the best texture of the paper for optimal reproduction. The type of paper chosen is also indicated under each montage in the gallery section.
(2) All customers have the option of acquiring works framed or unframed. This option is available in the pulldown menu located at the top of the enlarged images titled: "Museum Quality Print". The color choice of the Nielson Classic frame with non-reflective glass and matching passepartout is limited by the artist to either black or white. See details under each image for more information on sizes.
(3) Pricing is noted in the pull down menu at the top of each enlarged image. When considering your purchase, you must choose your location inside or outside of the European Union (EU). You may do so in the pull down menu at the top of enlarged images in the print gallery titled: “Shipping/Versand Destination”. Please be advised, if you buy a montage in the EU section, it can only be shipped within the EU. If you are buying from outside the EU, or want to have your montage shipped outside of the EU, you must select from the Non EU section. All orders are checked before shipping. If you have made a mistake, we will notify you accordingly.
(4) The photographs for each work of art being offered from the photo montage POWAŁA online gallery have been taken by the artist, Tim Powala and digitally rendered in his studio located in the historical center city of Munich, Germany. All copyright law applies both domestic and international.
§ 6 Terms of payment
(1) The customer can make the payment via PayPal. PayPal accepts the following credit cards: Visa, Mastercard, Discovery, American Express.
(2) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of payment determined by the calendar, so the customer is already in default by failure to observe the deadline. In this case he has the seller to pay interest at the rate of 5 percentage points above the base rate.
(3) The customer's obligation to pay default interest includes the assertion of further damages caused by default, not by the seller.
§ 7 Warranty for defects, warranty
(1) The supplier is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. If the supplementary performance in the form of a replacement delivery, the customer shall return the products originally supplied within 30 days of completion of rectification to the vendor's expense. With regard to companies, the warranty obligation on vendor-supplied items 12 months. 5.3
(2) An additional guarantee is in the goods delivered by the seller only if this was explicitly stated in the order confirmation to the respective article.
§ 8 Liability
(1) The customer's claims for damages are excluded. This excludes damage claims of the customer arising from injury to life, body or health, or from the violation of essential contractual obligations (cardinal obligations) and the liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary.
(2) In case of breach of fundamental contractual obligations of the supplier shall be liable only to the contract-typical, foreseeable damage if it was caused by simple negligence, unless there is damage claims of the customer arising from injury to life, body or health.
(3) The restrictions of paragraphs. 1 and 2 shall also apply to the legal representatives and agents of the provider, if claims are made directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Conditions
You have the right to cancel this contract within 14 days without giving reasons.
The cancellation period is 14 days from the date on which you or a third party named by you, other than the carrier, have taken physical possession of the goods. In the case of a contract for several goods that you have ordered within a single order and delivered separately, the withdrawal period is 14 days from the date on which you or a representative of your third party who is not the carrier, have taken physical possession of the last goods.
In the case of a contract for the delivery of a good consisting of multiple lots or pieces, the withdrawal period is 14 days from the day have taken where you or a representative of your third party who is not the carrier, has in possession the last installment or the last piece.
To exercise your right of cancellation, you must inform and give me (Timothy Powala, Pestalozzi Street 33, 80469 Munich, Tel.: +49 (0) 172 860 3227, E-post: Timothy.Powala@epost.de, E-mail: tim@Powala.com) by means of a clear statement (e.g., consigned by post mail, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form which is however not mandatory.
You can use the model withdrawal form or download one from our website, fill in and submit. Upon receipt, we will provide immediately (e.g. by e-mail) a confirmation of the receipt of such a withdrawal.
In order to observe the revocation period it is imperative for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal: 4.5
If you withdraw from this contract, we will return all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than those offered by us, or special requests), and repay promptly within 14 days from the date on which the notification is received about your cancellation of this contract with us.
For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for such repayment. We may withhold the reimbursement until we have received the returned goods again, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than 14 days from the date on which you notify us of the cancellation of this contract to us or transferred. The deadline is met if you send the goods before the deadline of 14 days.
You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods, if this value loss is due to ascertain the nature, characteristics and functioning of the goods from handling them.
End of cancellation policy
Model withdrawal form
(If you want to cancel the contract, please complete this form and send it back.)
- To Timothy Powala, Pestalozzi Street 33, 80469 Munich, Tel .: +49 (0) 172 860 322, E-Postal Mail: email@example.com, E-mail: firstname.lastname@example.org
- Hereby give notice that (n) I / We (*) from my / us (*) concluded contract for the purchase of the following products (*) / provision of the following services (*)
- Appointed on (*) / received on (*)
- Name / consumer (s)
- Address of the / consumer (s)
- Signature of person / consumer (s) (only with message on paper)
(*) Delete where not applicable.
§ 10 Notes on Data
(1) The provider charges associated with the settlement of contracts data of the customer. He noted in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer the supplier inventory and customer usage data will only collect, process or use, to the extent necessary for the execution of contracts and for the use and accounting of Telemedia.
(2) Without the consent of the customer, the provider will not use customer data for purposes of advertising, market research or opinion polls.
(3) The customer always has the option to retrieve the data stored by him under the "My Data" in their profile, change or delete this. in 5.5
§ 11 Final Provisions
(1) Any contract between the provider and the customer, the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
(2) If it is the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the location of the provider.
(3) The contract remains binding even if legal invalidity of individual items, the remaining parts. The invalid points occur, if any, required by law. Insofar as this would constitute an undue hardship to a party to the contract but is ineffective as a whole.