General terms and conditions of Edition Lumière and cancellation policy
Terms and Conditions
1. General
- Edition Lumière operates an online sales platform for art prints. As the operator and owner of this platform, Edition Lumière, represented by the owner Regina Münzfeld, is also the contractual partner of the people who want to purchase goods via this platform.
- All contractual relationships between Edition Lumière and its customers are exclusively subject to these conditions. Deviant terms and conditions of the clients do not find a usage. When the order is placed, these terms and conditions are recognized by the customer.
- The customer is obliged to provide the information required in the order form (name, address, etc.) truthfully and completely. The customer must compensate for any damage resulting from the incorrectness of the information.
2. Conclusion of the contract
- The art prints from Edition Lumière on the Internet do not represent an offer to sell, but merely an invitation to the customer to submit a purchase request himself (invitatio ad offerendum). Purchase requests can be submitted online using the order forms provided by Edition Lumière.
- The customer's application is deemed to have been accepted through immediate delivery, i.e. the handover of the goods to the forwarding agent / carrier / post office.
- Purchase requests from the customer will only be accepted at the currently valid prices and conditions. Unless otherwise stated, all prices include VAT. All prices published orally or in writing are non-binding. Errors are reserved.
- Edition Lumière does not guarantee that all of the art prints on offer are available at all times. If one or more art prints are not available, Edition Lumière will inform the customer as soon as possible. If the customer has already paid for the goods, the corresponding amount will be refunded.
3. Return / cancellation policy
- In the case of distance contracts, the consumer within the meaning of the German Civil Code has the right to withdraw from the contract within 14 days. This period begins on the day following the day of delivery.
- In order to exercise your right of withdrawal, you must contact us (Edition Lumiére, Regina Münzfeld, Sulzaer Straße 9, 14199 Berlin, Tel .: +49 (0) 30-88 71 77 44, E-Mail: info@edition-lumiere.de) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this, which is not mandatory, however. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
- In order to facilitate the return process, the customer is asked to send the return with sufficient postage to the above address.
- Sample form for download
4. Warranty
- Edition Lumière does not accept any liability for minor deviations in the delivered goods from those shown.
- Industry-standard materials are used for the products sold by Edition Lumière. For prints, colors, materials, light resistance, etc., a guarantee can only be given on the basis of average durability.
- Wrong deliveries and obvious defects must be reported in writing by the customer within one week of delivery of the goods. The duty of the merchants to immediately report defects according to §§ 377, 378 HGB remains unaffected.
- Transport damage must be reported to the transport operator immediately; in this case, the packaging must be kept until further notice to secure any claims by the customer. Edition Lumière reserves the right to make improvements, even repeatedly, and to make a replacement delivery. If this fails, the customer can reduce or change.
- Defects caused by the customer or other third parties through improper handling of the goods are excluded from the guarantee. This also applies to damage caused by improper packaging of returns.
5. Copyright
- The products sold by Edition Lumière are protected by copyright worldwide. The customer is not entitled to manufacture, reproduce or sell the goods himself or through third parties.
6. Retention of title
- Delivered goods remain the property of Edition Lumière until they have been paid for in full.
- If the customer sells goods from Edition Lumière that are subject to retention of title, they must forward the retention of title.
- Access by third parties to the goods subject to retention of title from Edition Lumière must be reported by the customer immediately.
- Pledges, transfers by way of security, etc. the goods subject to retention of title are only permitted with the prior consent of Edition Lumière.
- If the customer does not make payment immediately after a reminder in the event of behavior contrary to the contract, in particular default in payment, he must surrender the goods subject to retention of title. The customer bears the return costs.
7. Payment
- Payment can be made in advance, PayPal or cash on delivery, depending on the country in which the delivery is made. Details can be found in the terms of delivery and payment.
- If there is an important reason, Edition Lumière is entitled to request prepayment.
8. Data protection
- The customer has been informed in detail about the type, scope, place and purpose of the collection, processing and use of the personal data required for the execution of orders by Edition Lumière (see "Data protection information"). The customer expressly consents to this collection, processing and use of personal data.
9. Place of fulfillment, place of jurisdiction
- Insofar as the customer is a merchant within the meaning of the HGB or the customer is not a registered trader and does not have a general place of jurisdiction in the Federal Republic of Germany, the place of performance and jurisdiction is Berlin.
- The law of the Federal Republic of Germany applies to the exclusion of the UN sales law.
10. Final provisions / severability clause
- Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
Berlin, 01.10.2018