Terms of service

Terms and Conditions

1. Scope and provider

(1)    These terms and conditions apply to all orders placed with the online store Gitti Müller Art, www.gittimuellerart.com, Antwerpener Str. 10
13353 Berlin. Owner: Gitti Müller.

(2)    The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18 years.

(3)    Contract language is German.

(4)     You can access and print out the applicable General Terms and Conditions on our website at www.gittimuellerart.com/terms-of-service

2. Conclusion of contract

(1)     The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.

(2)     By clicking the “Place Order” button, you are making a binding offer to purchase (§ 145 BGB).

(3)     After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4)     A contract of sale for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we ship the goods – without prior express declaration of acceptance – to you.

(5)    Should the seller allow payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within a period of 7 calendar days after sending the order confirmation, despite the due date, even after a renewed request, the seller withdraws from the contract with the consequence that the order is void and the seller is not obliged to deliver.

3. Prices

All prices stated on the seller’s website are final prices. Sales tax is included in the price. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a later during the ordering process.

4. Terms of payment; default

(1)    We generally accept the following payment methods:

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by prepayment invoice,
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by direct debit,
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by credit card,
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via Paypal
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(2)    We reserve the right to select the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to protect our credit risk only prepayment.

(3)    If you select the payment method prepayment invoice, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the goods.

(4)     If you pay by credit card, the purchase price will be reserved on your credit card at the time of the order (“authorization”). The actual charge to your credit card account will occur at the time we ship the goods to you.

(5)     When paying by direct debit, you may have to bear those costs that arise as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank account information provided by you.

(6)     If you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the prime rate. For each reminder sent to you after the occurrence of default, you will be charged a reminder fee of 2.50 EUR, unless in individual cases a lower or higher damage is proven.

5. Set-off and right of retention

(1)     You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

(2)     You may exercise a right of retention only to the extent that your counterclaim is based on the same contractual relationship.

6. Delivery; retention of title

(1)    Orders are only possible to Germany. A delivery takes place only in household-usual quantities.

(2)    Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.

(3)    We are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(3)    The art remain our property until the purchase price has been paid in full.

(4)    Delivery will be made by one of the following service providers: DHL, GreenCircle

7. Cancellation policy

(1)    You have a right of withdrawal in accordance with the following provisions:

Right of withdrawal

You have the right to revoke 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, has or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Gitti Müller, Antwerpenerstr. 10, 13353 Berlin,  by means of a clear statement (such as a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which, however, is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse to make a repayment until we have received the goods back.

You must return or hand over the goods to us or to XXXX without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct cost of returning the goods. You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Sample cancellation form

If you wish to cancel the contract, please complete and return this form

To

Company:

Address:

Email:

Fax:

I/we (*) hereby cancel 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 notice is on paper)

Date

(*) Delete as applicable.

End of the cancellation policy

(2)     The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name) or to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

(3)     Please avoid damage and contamination. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.

(4)     Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

(5)    The goods are to be returned to: Gitti Müller Antwerpener Str. 10, 13353 Berlin

8. Damage in transit

(1)     If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery person and contact us as soon as possible.

(2)     Failure to make a claim or contact us will not affect your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

9. Liability

(1)    Unlimited liability: we are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body and health of persons.

(2)    In all other respects, the following limited liability shall apply: in the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

11. Final provisions

(1)    Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2)    You agree that we communicate with you exclusively by e-mail. This applies in particular to invoices and credit notes.

(3)    Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).