General terms and conditions of Claudia Tyborski
§ 1 scope
(1) The following general terms and conditions (GTC) are part of the between the customer and Claudia Tyborski as an artist, Sellostr. 29, 14471 Potsdam (hereinafter: "artist"Or"I“) Via the contracts for the purchase of artistic works concluded at the Internet address www.performanceclaudiatyborski.com with the exclusive use of distance communication means.
(2) Customers within the meaning of these terms and conditions are both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB. "Consumer" in this sense is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
(3) The version of the GTC valid at the time the contract is concluded is decisive. Conditions of the customer that differ from these terms and conditions, insofar as the customer is an entrepreneur, are not valid.
(4) My offer in the online shop is aimed primarily at German-speaking customers; only customers who regularly have their place of residence or habitual abode in the European Union (EU) or Switzerland are supplied. The terms and conditions are only available in German; only the German language is available for the conclusion of the contract.
§ 2 conclusion of contract
(1) The contract is concluded as follows: The artistic works presented by the artist on the website performanceclaudiatyborski.com do not constitute an offer to conclude a purchase contract, but merely a non-binding invitation to the customer to submit a binding offer on his part (so-called "invitatio ad offerendum "). With his order, the customer submits a binding purchase offer to the artist by clicking on the "Order with obligation to pay" button. The customer can also submit a purchase contract offer by telephone, in writing or by email. After I have received the customer's offer, the customer immediately receives a text message (usually an email) confirming the receipt of the order and its details. This confirmation does not constitute acceptance of the offer by me. The acceptance of the contract is declared by a separate declaration of acceptance (order confirmation), at the latest with the delivery of the ordered goods.
(2) The artist provides detailed information about the individual technical steps that lead to a contract in the online shop, and correction options, specifically for consumers, cf. „Statutory mandatory information for consumers ".
(3) It is the customer's responsibility to provide an accurate and valid email address in order to be able to receive emails from the artist.
§ 3 Revocation of the contract
(1) Consumers are entitled to terminate the contract in accordance with Right of withdrawal to revoke.
(2) In certain cases the right of withdrawal is excluded by law, e.g. in the case of contracts for 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, cf. Section 312 g Paragraph 1 No. 1 BGB.
§ 4 Terms of Payment
(1) Various payment methods are available to the customer to pay for goods purchased in the artist's online shop:
Payment can be made either by bank transfer in advance, with PayPal, by credit card or on account with the following due dates:
a. In the case of advance bank transfer, PayPal and credit card, the purchase price and shipping costs are due immediately with the order confirmation. In the case of advance transfer and credit card, the artist gives the customer the bank details in the order confirmation.
b. If the customer chooses to purchase on account, the purchase price and shipping costs are due after the artist has delivered and invoiced the work. The invoice amount is to be transferred to the artist's account within 7 (seven) days of the invoice date without deduction. The invoice date corresponds to the delivery date.
(2) The payment method is selected online as part of the ordering process according to the separate conditions that may apply to individual payment methods. Please see the subpage for more information „Shipping and payment method“.
§ 5 delivery conditions
(1) Sales and delivery are made to customers with billing and delivery addresses in the EU and Switzerland.
(2) The goods ordered are delivered to the delivery address specified by the customer in his order.
(3) Unless otherwise stated in the online shop, the delivery time is 10-14 working days, starting on the day after your payment. The delivery time of custom-made products, i.e. Goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer is up to 4 weeks. No deliveries are made on Sundays and public holidays.
(4) The artist is entitled to make partial deliveries (= separate delivery of several works that the customer has ordered as part of a single order), provided this is reasonable for the customer.
(5) Should work ready for dispatch be delivered later than the agreed time at the express request of the customer, the artist is entitled to store the work at the cost and risk of the customer. This does not release the customer from his payment obligation.
(6) Exceptions to the above delivery conditions can only be made by individual agreement in individual cases.
§ 6 Unavailability
If the artist cannot deliver an ordered work or cannot deliver it on time because her supplier does not meet his delivery obligation from a purchase contract concluded before the local contract, the artist is entitled to withdraw from the delivery obligation towards the customer. In this case, the artist is obliged to inform the customer immediately about the unavailability of the work and to reimburse him for any consideration rendered immediately.
§ 7 prices and shipping costs
(1) All prices quoted are total prices including all price components as well as applicable taxes and duties, in particular including the statutory sales tax of 19%.
(2) The shipping costs incurred are not included in the purchase price; they are shown separately in the course of the ordering process and are to be borne by the buyer in addition. The shipping costs for deliveries within Germany are a flat rate of 6.90 euros per order. For deliveries to other EU countries, the seller charges a flat shipping fee of 18.00 euros, for shipping to Switzerland 30.00 euros per order.
(3) For partial deliveries, cf. § 5 (4), the customer only incurs shipping costs for the first partial delivery, unless partial deliveries are made at the request of the customer with our consent.
(4) Prices and, if applicable, shipping costs for custom-made products within the meaning of these terms and conditions can be individually agreed in individual cases, deviating from the above information.
§ 8 retention of title
(1) The work delivered remains my property until the purchase price has been paid in full.
(2) If the customer is an entrepreneur within the meaning of § 14 BGB, the following also applies:
- The artist retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods. The customer must immediately notify the artist in writing of impending or already started seizures or other interventions by third parties.
- The customer may resell the artistic work in the ordinary course of business. In this case, the customer already now assigns to the artist all claims in the amount of the invoice amount (final invoice amount including VAT) that arise from the resale to his customers or third parties. Changing the work is not permitted. However, the customer remains authorized to collect the claims. If the customer does not properly meet his payment obligations, the artist reserves the right to collect claims herself.
- The artist undertakes to release the securities to which he is entitled on request insofar as the realized value of his securities exceeds the claims to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.
§ 9 Warranty
(1) If the purchased work is defective, the customer as a consumer is entitled to statutory warranty rights.
(2) Notwithstanding, the limitations and exclusions provided in Section 10 apply to claims for damages or reimbursement of wasted expenses.
(3) If the customer is an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications:
- Only the artist's own information and, if applicable, the manufacturer's product description are binding for the quality of the work, but not public praise, statements and other advertising by the manufacturer.
- The customer is obliged to inspect the work immediately and with the necessary care for deviations in quality and quantity and to notify the seller of obvious defects within 7 days of receipt of the work. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
- In the event of defects, the artist provides a guarantee of either repair or replacement (supplementary performance). In the case of repairs, the seller does not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, the customer can either demand a reduction in price or withdraw from the contract.
- There is no warranty period.
§ 10 liability
(1) I am liable to the customer in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases - unless otherwise stipulated in Paragraph 3 - I am only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely (so-called cardinal obligation), and limited to the replacement of the foreseeable and typical damage. In all other cases, my liability is excluded, subject to the provision in Paragraph 3.
(3) My liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above liability restrictions and exclusions.
§ 11 Legal violations in the case of custom-made products
If and to the extent that, in the case of custom-made products within the meaning of these terms and conditions, the customer's provided preliminary information or information on the design (e.g. inspiration, drawings or photographs) infringes property rights or other rights of third parties, the customer is solely responsible for this in relation to me and provides me free from all claims asserted against me.
§ 12 data protection
The artist advises the customer that personal data of the customer will be electronically stored and processed for the purpose of proper business transactions. Further information is provided when using the artist's online offer as part of their Data protection.
§ 13 Agreement on the place of jurisdiction
Unless otherwise stipulated by law, Potsdam is agreed as the place of jurisdiction for all disputes arising from this contract.
§ 14 final provisions
(1) Changes to the contract, additions to the contract and ancillary agreements must be made in writing.
(2) The relationships between the contracting parties are governed by the law applicable in the Federal Republic of Germany, excluding the UN Sales Convention (CISG). If the customer as a consumer has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(3) Should any of the provisions of the contract with the customer, including these general terms and conditions, be or become fully or partially ineffective, the remaining provisions shall remain unaffected.