artflash Terms and Conditions
The website artflash.de and artflash.net our social media accounts and especially our shop range are operated by artflash Editionen UG (haftungsbeschränkt), Berlin.
To the commercial relations between artflash Editionen UG (haftungsbeschränkt)
Stargarder Straße 44a, 10437 Berlin (hereafter ARTFLASH) and you, the customer, the following general terms and conditions apply exclusively in their form valid on the day of order. We can, unfortunately, not accept deviating provisions from the customer. They do not become part of the contract, unless ARTFLASH confirms this in written form. Personal agreements between ARTFLASH and the customer always have priority.
2. Your data
Your data is safe with us. In our data protection policy (here: LINK), we provide an outline of how we handle your personal data and how we protect this data when you use our services. By using our services, you consent to us using the data as discussed there.
3. Conclusion of contract
The presentation of the works & products in the online shop of ARTFLASH does yet function as a legally binding offer for the conclusion of a purchasing contract but serves as a way for you, the customer, to submit a binding offer. You can provide your purchase offer through the shopping basket integrated into our online shop, insofar as you are registered with us.
Upon ordering the works & products in the shopping basket and by clicking the buttons “Order at a fee” or “Purchase”, you will be redirected in the next step to the confirmation page for the desired payment method (advance payment, PAYPAL or payment via credit card [VISA/MASTER with 3-D-Secure]) or to the external page of an online payment service (e.g. PAYPAL, instant transfer). By confirming by way of the “Order at a fee” or “Purchase” buttons, you place a binding order and thereby place a legally binding contract offer pursuant to the works & products contained in the shopping cart.
Prior to this step, you still have the opportunity you verify and correct your entries in the shopping cart. To do so, you can change the data in your shopping basket and in the following order steps and/or go back to one or more of the previous steps. As long as the works are only located in your shopping basket, they are not yet bindingly reserved for you. As soon as your order is received, we will send our order confirmation to the email address, confirming the receipt of your order with us and listing the details. This order confirmation does not represent an acceptance of your offer but merely informs you about the fact that we have received you order and that it is undergoing processing. A purchase agreement is only made when we accept your offer and ship the ordered works & products to you — about which we will inform you via email.
The contingents of the goods presented on www.artflash.net are temporarily and quantitatively limited. artflash is only liable for shipping from its existing inventory and for the goods ordered by artflash from the suppliers. artflash does not assume the risk of having to dispose of an ordered good (procurement risk). This also applies to orders of goods that are only described in terms of their type and characteristics.
The shipping of the products is carried out — as per our instructions — directly through us or by service providers commissioned by us to your provided delivery address.The customer’s contractual partner is artflash Editionen UG (haftungsbeschränkt), Stargarder Straße 44a, 10437 Berlin
4. Shipping, pricing & shipping fees
We deliver to Germany, as well as to Belgium, Denmark, Finland, France, Greece, Ireland, Italy, Luxembourg, Monaco, the Netherlands, Norway, Austria, Poland, Portugal, Sweden, Switzerland, Spain, the United States and Canada. We can only deliver to countries such as Brazil, Mexico, countries in Asia, Australia or India upon prior request.
We ship the goods within 3–5 weeks following the completion of sale. The complete payment of the invoiced amount by the customer is required for the delivery of the goods. Deliveries are carried out to the delivery address specified by the customer, insofar as it is located in one of the aforementioned countries. It is the responsibility of the buyer to ensure that he or she is able to accept the delivery at the provided delivery address during regular business times. In the event of a delay in acceptance by the buyer, the buyer owes artflash reimbursements for the additional expenditures which artflash had to make for the unsuccessful delivery attempt as well as for the storage and safeguarding of the owed object.
As an exception, artflash is not obligated to deliver the ordered goods in the event that artflash correctly ordered the goods prior to the time of the conclusion of the contract but is not supplied correctly or in a timely manner (congruent hedging transaction). An additional requirement is that artflash is not to be held responsible for the lack of availability and that artflash has not assumed the risk of the procurement of the ordered good. We will immediately inform the buyer about the unavailability. In such an event, artflash will immediately reimburse the buyer for payments already made.
The listed prices are final prices and include the relevant and applicable German sales tax. Should additional delivery and shipping costs accrue, they will be separately listed in the offer and will once more be separately listed prior to the placing of the order. Shipping is carried out by a large logistics enterprise using insured packages. For shipments outside of Germany, we reserve the right to (re)calculate the shipping costs on the basis of the delivery address and to immediately inform the buyer about the new price in the case of a deviation in shipping costs.
Potential customs duties, taxes and fees are not included in the item price or the shipping costs. These fees are to be covered by you as the buyer. Please inquire with your local customs office what additional costs may arise. These costs are normally charged by the delivery company or when you pick up the item at the customs office.
Once payment has been successfully completed, we will promptly ship the order to the delivery address ourselves or through a service provider. From the time of ordering, the domestic delivery of the products can take up to 25 working days. The delivered goods remain in the ownership of ARTFLASH (retention of title) until complete and final payment.
5. Revocation and consequences of revocation
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The fourteen days revocation period begins on the day on which you, or a third party nominated by you, who is not the carrier, has taken ownership of the goods. In case of part deliveries: on the day on which you, or a third party nominated by you, has taken ownership of the last good.
In order to exercise your right of revocation, you must inform us
artflash Editionen UG (haftungsbeschränkt)
Stargarder Straße 44a
in the form of a clear statement (e.g. a letter sent by post or by email) about your decision to revoke this contract. To maintain the right of revocation, it is sufficient that you send the statement concerning the exercise of the right of revocation prior to the expiry of the revocation deadline.
Consequences of revocation
If you revoke this contract, we are to pay back any payment that we have received from you, including delivery costs (with exception of the additional costs if you selected a delivery method other than the affordable standard delivery offered by us) to you immediately and no later than within fourteen days from the day on which we received your statement concerning the revocation of this contract. For the refund, we will employ the same payment method that you used during the original transaction, unless something else was clearly agreed on with you; we will under no circumstances charge you fees for this refund. We can refuse the refund until we have received the goods back or until you have produced evidence that you have sent back the goods, depending on which occurs earlier.
In any case, you are to send back or hand over the goods immediately and in their original packaging to our contracting partner no later than within fourteen days from the day on which you inform us about the revocation of this contract:
Stichwort: artflash Editionen
The deadline will be considered met if you send the goods before the expiry of the deadline of fourteen days. The costs associated with the return of the goods are to be carried by you.
You only have to pay for a potential loss of value of the goods if this loss of value can be traced back to your improper handling of the goods for the assessment of the quality, properties and functions of the goods.
6. Signature decal(s)
If the piece is offered with a signature decal with details on the edition and the signature of the artist, ARTFLASH can for logistical reasons send the sticker to the buyer separately and with a delay in time without any effect on the revocation period. Should you, as a customer, exercise your right of revocation, the unused (!) decal is to be sent back immediately as well.
Without receipt of the signature decal, reimbursement of the purchasing price will not follow. When using the signature decal on the artwork, the frame, the lamination or in another place, the right of revocation expires.
7. General defect liability
We assume all liability insofar as the cause of damages results from intentional behaviour or gross negligence.
The buyer is to assess the works & goods for damages immediately and to make a complaint to the freight forwarder prior to accepting. Should there be any obvious damages that are only noted after receipt, then you as the buyer are to make a complaint with us within a period of 5 days following receipt. If this does not happen within the laid-out deadline, then the assertion of compensation for defects is excluded for such obvious damages.
We are liable for the slightly negligent breach of essential duties whose breach risks the attainment of the contract purpose or for the breach of duties whose fulfilment even makes the correct execution of the contract possible and on whose compliance you can regularly rely. In such a case, we are only liable for foreseeable, contract-typical damages. We are not liable for any slightly negligent breaches of duties other than the aforementioned ones.
These liability restrictions shall not apply in case of damage to life, limb and health, for a defect after the assumption of a guarantee for the condition of the product and in the case of maliciously concealed defects. Liability pursuant to product liability law remains unaffected.
Insofar as our liability is excluded or restricted, this also applies to the personal liability of employees, representatives and/or auxiliary agents, especially the storage and transport personnel contracted by us.
8. Warranty concerning works
The details on the works offered by us are provided on the basis of information from galleries, art associations and artists. ARTFLASH will verify this information insofar as possible and is only conditionally liable for the correctness of the details.
Artworks, especially photographs but also lithographs, etchings, screenprints et al, are subject to environmental influences, their impression and colourisation may change and fade. ARTFLASH does not provide warranty for these processes of change.
Excluded from the warranty are damages that are due to natural wear and tear, improper use and insufficient or faulty care or storage.
In regard to the works and editions offered by ARTFLASH, deviations in colour and size from the depictions on the Internet are possible. Warranty claims on the basis of minor deviations are excluded.
Any art (whether photographs, sketches, prints, oil painting, laminated works and many more) may not be exposed to direct sunlight in whole or in part, hung just above radiators and be exposed to levels of humidity above that of regular residential rooms. Thus, none of the artworks are suitable for outdoor spaces, cellars, bathrooms or kitchens. Laminations with UV-protection film or acryl glass and wooden frames are very sensitive to scratching and staining and may thus only be touched with gloves or using comparable protection.
9. Contract text
Should you desire a printed copy of your order, you may print your “confirmation of receipt”, which you have received via email. You can also view the general terms and conditions at any time by visiting “Terms and Conditions” on our website.
Should one of the provisions in these terms and conditions become invalid, this shall not affect the validity of the remainder of the provisions. To all legal relations between the parties applies the law of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods. In regard to consumers, this choice of law only applies to the extent that the protection granted by mandatory statutory provisions of the country in which the consumer maintains his or her customary residence is not withdrawn.
Should the customer be a business, the location of the office of ARTFLASH is the exclusive jurisdiction for all disputes based on this contract. The same applies when the customer does not have a place of general jurisdiction in the EU or if the domicile or customary location at the point of legal action is unknown.
ARTFLASH, November 2018