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General Terms & Conditions (T&Cs) of OutstandingArt.Gallery

OutstandingArt.Gallery is an independent, global and innovative web-based art gallery delivering high-value contemporary and historical art worldwide e.g. glass art, paintings, photographs and installations as well as related services. OutstandingArt.Gallery represents private collectors, contractors, galleries and museums.

 

1. Scope

1.1 For all orders and deliveries via the OutstandingArt.Gallery online shop – hereafter referred to as “OAG” – by consumers or contractors – hereafter referred to as “customers” – within the scope of all business transactions with OAG, the following general terms and conditions apply – hereafter referred to as “T&Cs”.

1.2 A consumer is any natural person who enters into a legal transaction for purposes which cannot predominantly be attributed either to his commercial or independent professional activity.

1.3 A contractor is a natural or legal entity or an incorporated partnership which carries out its commercial or independent professional activity on entering into a legal transaction.

1.4 These T&Cs shall also apply to customers for any future business relations without us needing to indicate so expressly. Should a customer make use of their own opposing or complementary general terms and conditions, the validity thereof is hereby expressly contradicted; they may only become an integral part of the contract with our express approval.

 

2. Contractual partners, online shop, orders, contract conclusion

2.1 A purchase agreement is concluded with OAG as follows:
OutstandingArt.Gallery Corporate Society (Limited Liability)
Oberländer Ufer 192, DE-50986 Cologne, Germany
Chief Executive Joszef A. Czako
Mobile +49-151-2919 5810
Cologne Commercial Register No. HRB 92268

Bank details
– Sparkasse Cologne, Bonn, Hahnenstraße 57, 50667 Cologne, North Rhine-Westphalia, Germany
– Account number: 1933936351
– IBAN/Sepa: DE33 3705 0198 1933 9363 51
– BIC: COLSDE33XXX

 

2.2 The ordering process between customers and OAG takes place exclusively via the online shop, www.OutstandingArt.Gallery, and by e-mail correspondence.

2.3 The art pieces, products and services are described in full and presented photographically in the OAG online shop.

2.4 In general, the following details are listed for art pieces: Artist, designer, design concept, historical facts, atelier, production facility, production technique, materials, colours, dimensions, weights, delivery time, prices and any other special conditions or covenants.

2.5 The details about the art pieces are described and guaranteed in an OAG “certificate of authenticity”.

2.6 OAG offers no binding offer upon the formation of a contract for art pieces, products or services no longer available in the OAG online shop.

2.7 Customers may initially add OAG products, art pieces and services to the “shopping basket” during the ordering process without any obligation and also check and correct entries at any time before placing the order by using the provided and annotated correction options.

2.8 The shopping basket also calculates the cost of delivery, transport insurance, payment fees and VAT.

2.9 Shopping baskets are ordered by clicking on the “Binding Order” button. By doing so, customers place a binding order with OAG.

2.10 After clicking on “Binding Order”, 100% of the invoice amount is due for payment to OAG via the available payment methods.

2.11 After payment, customers shall receive an order confirmation from OAG to the provided e-mail address.

2.12 Order receipt by OAG is confirmed by sending the contract note to the customer’s e-mail address. This creates a binding purchase agreement between the customer and OAG.

2.13 In the event that OAG does not confirm a binding order, the customer shall receive their money back immediately. In this case, OAG shall bear the costs associated with the reversal transfer.

2.14 Along with the contract note, OAG shall send customers the complete order information, the order confirmation, the contract note and the general terms and conditions (T&Cs) to the provided e-mail addresses.

2.15 OAG saves all information related to purchase agreements.

2.16 The T&Cs can be viewed in the online shop at any time.

 

3. Prices

3.1 The prices listed in the OAG online shop do not include VAT. VAT is shown separately and calculated in accordance with the applicable current rate of VAT of the Federal Republic of Germany.

3.2 The prices listed in the OAG online shop do not include transport and insurance costs. These costs are each shown separately taking into account delivery location, weight and selected transport provider.

3.3 Any import duties or local fees in the customer’s country are not borne by OAG; these must be settled directly by the customer.

 

4. Payment methods

4.1 Payment by credit cards 
For credit card payments, OAG uses the international payment platform, PayPal Plus. During the ordering process, the customer shall provide their relevant credit card information. Following authentication as the legal card holder (name on the credit card, card number, card validity, CVV numbers), OAG shall immediately request the payment platform to initiate the payment transaction. The payment transaction is automatically carried out by the payment platform and the customer’s credit card is charged.

4.2 Payment via PayPal: 
In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register there first and then verify their access details. During the payment process, OAG will immediately request the payment platform to initiate the payment transaction. The customer must subsequently confirm the payment order and invoice total to be paid to OAG. The payment transaction will then immediately be carried out by PayPal automatically. The customer will receive additional information during the ordering process.

 

5. Deliveries

5.1 OAG shall inform customers when orders are ready for dispatch.

5.2 OAG is only obligated to send the goods when the payable invoice amount has been paid by the customer.

5.3 Deliveries are only possible via dispatch – not by customer collection.

5.4 OAG shall deliver orders directly to the delivery addresses provided by customers when ordering.

5.5 OAG does not deliver to packaging stations.

5.6 OAG shall coordinate the packaging and dispatch of orders.

5.7 Art pieces, products and services are either dispatched directly from OAG or from the atelier, production facility or partner.

5.8 OAG works with internationally renowned and qualitatively high value transport providers to ensure safe and proper delivery and efficient pricing. Delivery selection is based on optimal geographic and economic criteria.

5.9 All deliveries are insured by OAG against transport damage.

5.10 The original certificates of authenticity for the art pieces are included in the deliveries.

5.11 All dispatched art pieces also come with a “shipping certificate” pertaining to undamaged condition of the piece at the time of dispatch. Photos of the art pieces, taken before dispatch, are also included. The shipping certificate serves solely for insurance purposes.

 

6. Right to cancellation and returns

6.1 Customers may cancel orders in accordance with legal conditions and deadlines provided they are the customer. More details are defined in the separate “cancellation policy” document.

6.2 For products that are expressly made based on customer specifications in terms of design, quality and colour or that are distinctly tailored to the personal requirements of the customer, the right to cancellation is not applicable in accordance with section 312d (4)(1) of the German Civil Code.

6.3 In the case of a return, the customer is responsible for proper return via a suitably professional and high quality transport provider as well as for insuring the return. Before sending, we recommend taking a photo with a daily newspaper or digital signature in order to prove that the goods were undamaged before transport. OAG is not obligated to accept damaged goods.

6.4 The customers shall bear the cost of the return as well as the costs of the corresponding insurance premium(s).

6.5 OAG is entitled to refuse to refund the purchase price until having received the returned goods in an undamaged condition.

 

7. Retention of title

7.1 The goods remain the property of OAG until full payment is made.

7.2 The following also applies to customers: OAG shall retain title of goods until all claims arising from an on-going business relationship have been settled in full. Goods subject to retention of title may be resold as part of ordinary business operation; you must assign to us in advance all claims arising from any reselling – regardless of any connection or mixing of the reserved goods with a new item – equal to the invoice amount and we shall hereby accept this assignment. You remain authorised to collect the claims but we may also collect claims ourselves insofar as you fail to meet your payment obligations. In this case, we would disclose the assignment.

 

8. Transport damage

8.1 Upon receipt of the delivery, the customer shall immediately document any potential damage with conclusive photographs and send a damage report to OAG soon thereafter.

8.2 Any damage to the packaging must be documented with conclusive photographs before opening.

8.3 OAG will forward the damage report to the insurance company and wait for instructions from them. This will also be sent to the customer immediately.

8.4 The following apply to customers: The risk of accidental damage or deterioration will transfer to you as soon as we have delivered the item to the shipping company, haulier, person or company appointed to carry out the delivery. The obligation to inspect and give notice of defects in accordance with section 377 of the German Civil Code applies to merchants. If you fail to make this notification, the goods shall be considered to be approved unless there is a defect that could not be detected during the inspection. This does not apply in the event that we have fraudulently concealed a defect.

 

9. Warranty and assurances

9.1 Warranty for delivered art pieces, products and services is based on the respective applicable legal regulations.

9.2 The different warranty conditions are specified in the online shop for the respective corresponding art pieces, products and services.

9.3 Any additionally applicable assurances and their exact conditions are specified in the online shop for the respective corresponding art pieces, products and services.

 

10. Applicable law

10.1 The law of the Federal Republic of Germany shall apply exclusively.

10.2 For customers, this choice of law only applies insofar as it is not restricted by the provisions of the country in which the customer is domiciled or habitually resident.

10.3 For customers, German law applies under exclusion of United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.4 For merchants, as defined in the German Commercial Code, legal persons of public law and public special funds, the exclusive place of jurisdiction for all disputes arising from contractual relationships is OAG’s registered offices in Cologne.
10.5 The place of jurisdiction is Cologne.

 

General Terms & Conditions (T&Cs) of OutstandingArt.Gallery, Cologne
08/09/17

Cancellation policy for OutstandingArt.Gallery customers

1 Customer right to cancellation

A customer is any natural person who enters into a legal transaction for purposes which cannot predominantly be attributed either to his commercial or his independent professional activity.

 

2 Cancellation policy

2.1 Right to cancellation

2.1.1 You have the right to cancel this contract without giving reasons.

2.1.2 The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the promoter, took possession of the goods.

2.1.3 In order to exercise your right to cancellation, you must inform us – Outstanding Art Gallery UG (limited liability), Oberländer Ufer 192, 50986 Cologne, Germany – of your decision to cancel the contract by means of a clear statement within this period.

2.1.4 You can file and submit the cancellation via our shop at www.outstandingart.gallery . If you use this option, we will immediately send you (e.g. by email) a confirmation that we have received such a cancellation.

2.1.5 You may also draft a standard sample cancellation form in accordance with point 3 or any other clear statement and send it to us via e-mail, post or fax. We will then immediately send you (e.g. by email) a confirmation that we have received such a cancellation.

2.1.6 To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right to cancellation before the cancellation deadline.

 

2.2 Consequences of cancellation

2.2.1 If you cancel this contract, we must refund all payments that we have received from you, including delivery costs but excluding the additional costs resulting from your having chosen a different type of delivery from the delivery offered by us, without undue delay and at the latest within fourteen days from the date on which we received notification that you are cancelling this contract.

2.2.2 To make the refund, we will use the same payment method offered in our shop that you used for the original transaction. You will not be charged for these refunds. This does not apply for other used payment methods.

2.2.3 You must send back or hand over the goods without undue delay, and at the latest within fourteen days from the day on which you informed us that you were cancelling this contract. You have complied with the deadline if you send the goods before expiry of the fourteen day period.

2.2.4 You shall bear the direct costs of returning and insuring the goods. You only have to pay for any loss of value for the goods if this loss of value is attributable to your handling of the goods other than as necessary to ascertain their nature, qualities and functionality.

2.2.5 We will not make the repayment until such time that we have received all delivered goods in impeccable and defect-free condition.

 

3 Sample cancellation form

If you wish to cancel the contract, then please fill in the attached form and return it to us.

 

Attachments (2017 OAG German Cancellation Policy)