General Terms and Conditions
Provider:
Aleksandar Fürer und Marika Hellmund GbR
Wilhelm-Reuter-Weg 5
61381 Friedrichsdorf
Germany
Email: aleks@apn-gallery.com
Phone: +46 73 528 89 72
1. General Information
1.1 These General Terms and Conditions apply to all orders placed by consumers through the online store www.apn-gallery.com.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 Deviating terms and conditions of the customer shall not apply unless we have expressly agreed to them.
1.4 We are subject to the small business regulation under § 19 UStG. Therefore, VAT is not charged or shown separately on invoices or in the online store.
2. Products and Product Information
2.1 The products offered in the online store are physical goods, in particular art-related products and gallery items.
2.2 The essential characteristics of the goods are shown in the respective product description on the product page.
2.3 Product images are provided for illustration. Minor deviations in colour, format or appearance may occur due to screen settings, lighting conditions or the nature of handmade or art-related products, provided these deviations are reasonable and do not affect the agreed quality of the product.
2.4 Where legally required, product safety information, warnings, manufacturer or responsible person information, and other mandatory product details will be provided on the product page, on the product, on its packaging, or in accompanying documents.
3. Conclusion of Contract
3.1 The presentation of goods in the online store does not constitute a legally binding offer. It is an invitation to the customer to place an order.
3.2 The customer can place products in the shopping cart and review or correct the order details before submitting the order.
3.3 By clicking the final order button, the customer submits a binding offer to purchase the goods in the shopping cart.
3.4 We will confirm receipt of the order by email without undue delay. This order receipt confirmation does not yet constitute acceptance of the customer’s offer unless it expressly states that the order has been accepted.
3.5 A purchase contract is concluded when we accept the customer’s order. Acceptance may take place by:
sending a separate order confirmation by email;
requesting payment from the customer;
receiving payment through an immediate payment method such as credit card or PayPal; or
dispatching the goods.
3.6 If the customer chooses prepayment, we will provide the payment details by email. The goods will be dispatched after receipt of payment, unless otherwise agreed.
3.7 If we cannot accept an order, for example because a product is unavailable, we will inform the customer without undue delay. Any payment already received will be refunded without undue delay.
3.8 The contract language is English.
4. Prices and Payment
4.1 All prices are stated in euros and are total prices. Due to the small business regulation under § 19 UStG, VAT is not shown separately.
4.2 Shipping costs are displayed separately during the order process before the customer submits the order.
4.3 The following payment methods may be available:
credit card;
PayPal;
prepayment by bank transfer.
4.4 The available payment methods are shown during checkout. We reserve the right to limit the available payment methods for individual orders where objectively justified.
4.5 In the case of prepayment, the customer must state their name and order or invoice number as the payment reference so that the payment can be allocated correctly.
5. Delivery, Shipping and Availability
5.1 Delivery is made within Germany and to countries within the European Union.
5.2 Unless otherwise stated on the product page or during checkout, delivery within Germany usually takes up to 5 working days after conclusion of the contract or, in the case of prepayment, after receipt of payment.
5.3 Unless otherwise stated on the product page or during checkout, delivery to other EU countries usually takes up to 7 working daysafter conclusion of the contract or, in the case of prepayment, after receipt of payment.
5.4 Working days are Monday to Friday, excluding public holidays.
5.5 If a product is temporarily unavailable after the order has been placed, we will inform the customer without undue delay. The customer’s statutory rights remain unaffected.
5.6 If delivery fails because the customer has provided an incorrect or incomplete delivery address, the customer may be responsible for additional shipping costs, unless the customer is not responsible for the failed delivery.
5.7 The risk of accidental loss or accidental deterioration of the goods passes to the customer only when the goods are delivered to the customer or to a person designated by the customer. This does not apply if the customer has independently commissioned a carrier not offered by us.
6. Packaging and Shipping Costs
6.1 We currently offer standard shipping, for example via DHL or a comparable shipping provider.
6.2 Shipping costs for delivery within Germany are shown separately in the respective offer and during checkout.
6.3 For deliveries to other EU countries, we charge the shipping costs shown during checkout. If a flat rate is applied, this will be displayed before the order is submitted.
6.4 For orders with a value of more than EUR 300, delivery within Germany is free of shipping costs, unless otherwise stated during checkout.
6.5 Free shipping for orders over EUR 300 does not apply to deliveries outside Germany, unless expressly stated during checkout.
7. Retention of Title
The goods remain our property until full payment has been received.
8. Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal as described below.
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement, for example by letter or email, sent to:
Aleksandar Fürer und Marika Hellmund GbR
Wilhelm-Reuter-Weg 5
61381 Friedrichsdorf
Germany
Email: aleks@apn-gallery.com
Phone: +46 73 528 89 72
You may use the model withdrawal form below, but this is not mandatory.
If an electronic withdrawal function is provided on our website, you may also use that function to declare your withdrawal. If you use such a function, we will confirm receipt of your withdrawal declaration on a durable medium, for example by email, without undue delay.
To meet the withdrawal deadline, it is sufficient for you to send your notification that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the delivery costs, except for any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us.
We will make the reimbursement without undue delay and no later than fourteen days from the day on which we receive your notification of withdrawal.
We will use the same means of payment for the reimbursement that you used for the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees for the reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract.
The deadline is met if you send the goods before the fourteen-day period has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value results from handling the goods in a way that was not necessary to examine their nature, characteristics and functioning.
9. Model Withdrawal Form
If you wish to withdraw from the contract, you may complete and send us this form.
To:
Aleksandar Fürer und Marika Hellmund GbR
Wilhelm-Reuter-Weg 5
61381 Friedrichsdorf
Germany
Email: aleks@apn-gallery.com
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods:
Ordered on:
Received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s), only if submitted on paper:
Date:
10. Statutory Liability for Defects
10.1 The statutory liability for defects applies.
10.2 If goods are defective, the customer is entitled to the statutory rights, including supplementary performance, withdrawal, reduction of the purchase price and, where applicable, damages.
10.3 If supplementary performance is carried out by replacement delivery, the customer must return the originally delivered goods to us in accordance with the statutory provisions. We will bear the necessary costs of returning defective goods where required by law.
11. Liability
11.1 We are liable without limitation for damage caused intentionally or by gross negligence.
11.2 We are also liable without limitation for injury to life, body or health.
11.3 In cases of slight negligence, we are liable only for breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
11.4 In such cases, liability is limited to the typical and foreseeable damage.
11.5 Any mandatory statutory liability, including liability under product liability law, remains unaffected.
12. Data Protection
Information on how we process personal data is provided in our Privacy Policy, which is available on our website.
13. Copyright
13.1 The content and works created by us on this website, including texts, images, graphics, product presentations and other materials, are protected by copyright.
13.2 Any reproduction, processing, distribution or other use outside the limits of copyright law requires the prior written consent of the respective rights holder.
13.3 Downloads and copies of this website are permitted only for private, non-commercial use, unless otherwise expressly allowed.
13.4 Where content on this website was not created by us, third-party rights are respected. If you believe that any content infringes rights, please inform us. If we become aware of an infringement, we will remove the relevant content without undue delay.
14. Consumer Dispute Resolution
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
15. Applicable Law
15.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
15.2 If the customer is a consumer and has their habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected.
16. Final Provisions
16.1 If any provision of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
16.2 The statutory provisions apply in place of any invalid provision.