TERMS & CONDITIONS

Last update on December 6, 2019

Printed artworks are always dependent on environmental influences; their appearance and colour can change and fade. To ensure you keep enjoying our works of art, you should not expose artworks, laminations or frames, either in part or in full, to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room. Artworks, laminations and frames are therefore not suitable for external areas, cellars, bathrooms or kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection.

The contractual partner and user of these Terms & Conditions is
Richard Linke, the-art-ai GbR
Am Rechtenbach 9
97816 Lohr
Germany
E-mail: info@the-art-ai.com

Our terms and conditions have been drafted to regulate the business relationship between you and us and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following General Terms and Conditions of the-art-ai GbR, and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us. You can read the terms and conditions right here.

Section 1: Scope

The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between the-art-ai GbR, Lohr, and the orderer. the-art-ai GbR shall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by the-art-ai GbR in writing.

Section 2: Conclusion of contract

The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Add to cart” button are summarised again for you in an order overview at the end of the order process. Here you can review the various information provided during the order process and add to or correct it by clicking the “Change” button. By clicking the button “Buy now”, you send your order details and make a binding declaration to the-art-ai GbR that you want to purchase the products listed there (Offer). We automatically accept your offer upon receipt of your order. Directly after sending the order, you will receive an email with an order and contract conformation, in which the details of your order are listed again.

The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, the-art-ai GbR recommends printing out the order details and the General Terms and Conditions applicable at the time of order. The contractual language is English.

Please note that we sell all products in small quantities only.

Section 3: Cancellation

Right to cancel

You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (the-art-ai GbR, Richard Linke, Am Rechtenbach 9, 97816 Lohr, Germany) of your decision to cancel this contract by a clear statement (e.g. by mail or email).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using SEPA bank transfer, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We shall bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

General information

Please prevent damage to and contamination of the goods. Please return the goods in unworn condition and, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage. Please note that the above general information is not a precondition for effectively exercising your right to cancel.

Section 4: Shipping and Delivery

All provisions regarding shipping and delivery can be found at the the-art-ai GbR shipping policy.

Section 5: Edition Certificate with signature

For organisational reasons, the-art-ai GbR may also send the orderer the Edition Certificate with the artist’s signature and the edition details separately – and subject to a delay. In this case, the cancellation period shall only start after receipt of the Editions Certificate with signature. If you exercise your right of cancellation, you must also immediately return the unused Edition Certificate. The purchase price shall not be refunded without receipt of Edition Certificate. The right of cancellation shall lapse if the Edition Certificate is used on the work of art, the frame, the lamination or elsewhere.

Section 6: Prices, due date and payment, default

The prices online include sales tax. The price online does not include shipping costs, which will be added separately at checkout. Information about the shipping costs is contained in Section 5 of these Terms and Conditions.

The purchase price is paid via credit card. Please note that direct debit is only possible with a German bank account. You can pay via PayPal or credit card (Visa, Mastercard, American Express).

Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, the-art-ai GbR shall have the right to demand an administration fee of €5.00 from the orderer.

If you are in default, the-art-ai GbR reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, the-art-ai GbR can charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, the-art-ai GbR reserves the right to assert claims in respect of these.

In the above cases you are entitled to prove that no costs were in fact incurred by the-art-ai GbR or that these costs were less than the flat-rate fees stated above.

Section 8: Offsetting, retention

You only have the right to offset if your counterclaims are legally upheld or are acknowledged by the-art-ai GbR. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorized to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.

Section 9: Retention of title

Until full and final payment, the delivered goods shall remain the property of the-art-ai GbR.

Section 10: Liability

Within the scope of statutory provisions, the-art-ai GbR is liable for damages without restriction.

(a) relating to loss of life, physical injury or damage to health which is due to wilful or negligent breach of duty or is otherwise due to wilful or negligent conduct by the-art-ai GbR or one of its legal representatives or vicarious agents;

(b) which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;

The liability of the-art-ai GbR shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by the-art-ai GbR or one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.

The above provisions shall apply accordingly to the liability of the-art-ai GbR in respect of reimbursing futile costs.

Liability under the Product Liability Act shall remain unaffected.

Section 11: No granting of rights

By buying a artwork, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorized by law or explicitly granted by the-art-ai GbR in written form. However, you can resell the print.

Section 12: Collecting, processing and using personal data

All provisions regarding the protection of your data can be found at the the-art-ai GbR privacy policy.

Section 13: Applicable law

German law shall apply to the exclusion of the UN Sales Convention.