Terms of service
Terms and Conditions
1. Subject matter and area of validity
1.1.The following terms and conditions are valid according to the date of the order and apply during the business relationship between Galerie Roschlaub Inc. („Gallerie Roschlaub“) and the customer. Differing terms and conditions, proposed by the customer apply only if explicitly recognized by Galerie Roschlaub.This also applies if the terms and conditons are not expressly rejected.
2. Contracting Parties
2.1 If not explicit stated otherwise in special cases, purchase agreements of the client according to these terms and conditions conclude with Galerie Roschlaub GmbH
Galerie Roschlaub Inc.
District Court Hamburg, HRB 133833
Managing Director: Kirsten Roschlaub
VAT-ID: DE 297626745
3. Contract Conclusions
3.1 Presentation of the products in the online gallery is not a legally binding offer by Galerie Roschlaub leading to contract conclusion. The customer is merely asked to make an offer. Galerie Roschlaub may decline the offer without explanation. All Art works ar sold in standard quantities.
3.2 The customer may submit a bid via the online-form, integrated in the online-gallery. In order to do so, the customer can move products from the website into the online-shopping cart using the button „Add To Shopping Cart“. Before sending the order, the customer can have look at and change the information at all times. Only once the customer clicks on the button „ Order Now“, is he liable to pay.
3.3 The customer will receive an automatic acknowledgement of the order via E-Mail, containing all the order details. This confirmation can be printed out by the customer. This automatically sent E-Mail however, is not an agreement to the contract. Its only purpose is to guarantee the order has been acknowledged by the Galerie Roschlaub. The purchase agreement is completed once Galerie Roschlaub has sent the customer both, the purchased product and an E-Mail confirming the purchase has been sent out.
3.4 The customer will be able to open an account as well. The customer is responsable for the accuracy and the completeness of the personal information. The login details are confidential and must not be given to a thrid party. The registration will be confirmed automatically after clicking „Register“.
According to § 312g Abs. 2 Nr. 1 BGB (German Civil Law) no cancellation right applies for pieces that are individually custom-made for the customer. For all other orders, the following cancellation right applies:
The customer may step back from this contract within the first 14 days after making the order, without naming any reasons.
Cancellation period is exactly 14 days starting the day the purchase has been handed over to the customer or a third party that is not the carrier
or if you ordered one or more products all in 1 order and they are being transported to you or have arrived at the final destination
or if you or a third party of your choice, who is not the carrier, has confirmed to have received the last purchase or all parts of the purchase in case they were sent seperately.
In order to practice your cancellation right, you will have to declare this decision to step back from this contract clearly (via mail, fax or email) and direct it to: Galerie Roschlaub GmbH, Mittelweg 21, 20148 Hamburg, Deutschland, Tel.: +49 (0)40 414 669 55, E-Mail: email@example.com . Although it is not mandatory, you may use the attached example document to do so. This declaration has to be received by Galerie Roschlaub before the last day of the cancellation period.
Consequences of the cancellation
In case you step back from this contract, we are obliged to return all payments to you including delivery expenses (excluding extra expenses as a result of a different delivery method other than the cheaper standard delivery, chosen by the customer) immediately and no later than 14 days after we received your cancellation. If not agreed otherwise we will return your money using the same method you used for the purchase. We will not charge you any extra fees for the cancellation. We may hold back the payment until we receive the purchased items or prove of the delivery, depending on which happens first.
Your purchased items are to be returned immediately and no later than 14 days after the cancellation. If you send it back within 14 days, you are still within the cancellation period. Return delivery is at your expense. You are only liable for any loss in value if this loss is an obvious result of your treatment and does not require any more tests.
Copy of the cancellation form Widerrufsformular herunterladen
5. Rates, Payment
5.1 All rates are final rates, meaning they include all taxes. Extra fees for delivery will be stated seperately.
5.2 PayPal may be used as a payment method.
6.1 Galerie Roschlaub will send the purchased items to the adress they received from the customer. Delivery times will be stated in the item details. In case of any delay, Galerie Roschlaub will inform the customer imediately.
7. Retention clause
7.1 The purchased items will remain the property of Galerie Roschlaub until completely paid.
8. No admission of exploitation rights, public exhibiton
8.1 Upon purchasing a photography the customer only receives the easement of enjoyment of the photo, however no extra rights. Copying (reproduction), dissemination, renting, public exhibition or anything like that is strictly prohibited. The purchased item may however be sold again.
9. Warranty, Liability
9.1 Warranty according to law
9.2 Galerie Roschlaub is accountable for deliberate action and gross negligence according to law.
9.3 In all other cases Galerie Roschlaub is only accountable, if not otherwise stated in 9.4, in breach of duty, which would have led to proper conduct of the contract and on which the customer can rely (contractual obligations), but only to the substitution of typical and foreseeable damage. In all other cases Galerie Roschlaub is not accountable, except for 9.4.Galerie Roschlaub is not liable for any damage of life, body or health and according to product liability law.
10.1 All personal data submitted by the customer in order to purchase an item will be saved electronically. All necessary information will be forwarded to service partners (i. e. transportation companies, banks).
11. Final clauses
11.1 Only german law applies. UN- sale of goods law does not apply. If the customer is a permanent resident in another country, laws of their country are not affected.
11.2 If the customer is a merchant and is a resident of germany at the time of the order, the address of Galerie Roschlaub is the place of jurisdiction. Apart from that, applicable clauses apply for national and international jurisdiction.
Effective: September 2015