§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via the online store between KORCZYNSKI GALLERY, Carmen Lluch-Triginer , Im Niederfeld 6 56204 Hillscheid (Germany), +492624942743, info@korczynskicatalog.com, (hereinafter "Seller") and the customers (hereinafter "Customer").
(2) The offer in the online store is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) who are acting in the exercise of their commercial or independent professional activity when concluding the contract.
(3) The version of the GTC valid at the time the contract is concluded shall apply. The GTC shall also apply to all future business relationships, even if they are not expressly agreed again.
(4) The Seller does not accept deviating terms and conditions of the Customer. This shall also apply if the Seller does not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in the online store do not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online store by clicking the button "order ", Customers place legally binding order. Customers are bound to the order for a period of two weeks after placing the order.
(3) The Seller will immediately confirm receipt of the order placed via the online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when the Seller accepts the order by means of a declaration of acceptance or by delivering the ordered items.
(5) If it is not possible to deliver the goods the Customer has ordered, for example because the goods in question are not in stock, the Seller will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded. The Seller will inform the Customer immediately and refund any payments already received without delay.
§ 3 Terms of delivery and reservation of advance payment
(1) The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer.
(2) The delivery period is approximately 10 to 20 working days, unless otherwise agreed. It begins - subject to the provision in paragraph (3) - with the conclusion of the contract.
(3) The delivery of forwarding goods is free kerbside, unless otherwise agreed in individual cases.
(4) In the case of orders from Customers with a place of residence or business abroad or if there are justified indications of a risk of non-payment, the Seller reserves the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If the Seller makes use of the prepayment reservation, the Customer will be informed immediately. In this case, the delivery period shall commence upon payment of the purchase price plus VAT and shipping costs.
(5) The transportation risk is transferred to the Customer when the goods are handed over to the forwarder, carrier or other person designated to carry out the shipment, § 447 BGB.
§ 4 Prices and shipping costs
(1) The prices applicable are those in effect at the time the order is placed. All prices are net prices plus the applicable statutory value-added tax. Shipping costs are listed with the prices in the online store.
(2) The price, plus any applicable sales tax and shipping costs, is also displayed in the order form before the Customer submits the order.
(3) If the Seller fulfills the order by making partial deliveries, the Customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at Customer’s request, the Seller will charge shipping costs for each partial delivery.
§ 5 Terms of payment, offsetting and right of retention
(1) The purchase price, if applicable, plus VAT and the shipping costs, must be paid within two weeks of receipt of our invoice at the latest.
(2) Customers can only pay the purchase price by choice using the payment methods the Seller offers.
(3) Customers are not entitled to offset against the Seller’s claims unless its counterclaims have been legally established or are undisputed. Customers are also entitled to offset against Seller’s claims if it asserts notices of defects or counterclaims arising from the same purchase contract.
(4) Customers may only exercise a right of retention if its counterclaim arises from the same purchase contract.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, Customers are already in default by missing the deadline. In this case, they shall pay interest on arrears for the year at a rate of 9 percentage points above the prime rate to the Seller.
(6) The obligation to pay default interest does not exclude the assertion of further damage caused by default by the Seller.
§ 6 Retention of title
(1) The delivered goods remain the Seller’s property until the purchase price has been paid in full.
(2) In the ordinary course of business, Customers are entitled to sell the goods to third parties. In this case, Customers assign the Seller the purchase price claims from a resale up to the amount of the respective gross sales price invoiced by the Seller.
§ 7 Warranty
(1) The Seller is liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. For business customers, the warranty period is reduced to 12 months. It begins upon transfer of risk.
(2) Customers are obliged to inspect the purchased goods and to notify the Seller immediately of any obvious defects. This also applies to hidden defects discovered later. If Customers violate its obligation to inspect and report defects, the assertion of warranty claims is excluded.
(3) Any Seller's warranties given by the Seller for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.
§ 8 Liability
(1) Claims for damages by the Customer are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Data protection
Customers can find detailed information on data protection, in particular on the scope of the processing of its data and its legal rights, in the Seller’s privacy policy at: Privacy Policy
§ 10 Copyrights
The Seller holds the copyright to all images, films and texts published in the online store. Use of the images, films and texts is not permitted without the Seller’s express consent.
§ 11 Applicable law and place of jurisdiction
(1) Amendments to these GTC must be made in writing. Verbal collateral agreements, including the waiver of the written form requirement, must be made in writing in order to be valid.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) If the Customer is are a merchant and has its registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Seller.
(4) Should parts of this contract be invalid in whole or in part, the validity of the remaining parts shall not be affected. In this case, the parties undertake to replace the ineffective agreement with one that largely corresponds to the purpose of the contract and is effective.