Terms and conditions

General terms and conditions for sales contracts made via the online platform www.edition2020.com and the Edition2020 Facebook shop

between

Robin Ungruhe, Galerie und Kunsthandel, Rueckertstr. 20, 48165 Muenster, Germany, Email robin@edition2020.com

-Provider- or -Seller-

and the customers specified in § 2 of these general terms and conditions

-Customer- or -Buyer-

getting settled.

§ 1 Scope

1. The following contractual conditions apply to all sales contracts between the provider and a customer who is a consumer in the version valid at the time of the order.
2. "Consumer" is, within the meaning of these contractual conditions, any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity.

§ 2 Conclusion of a contract

1. The presentation and listing of the goods in the supplier's online shop is not an offer by the supplier to the customer to conclude a purchase contract. Through the online catalog, which is non-binding on the website and the online shop, the customer is only invited by the provider to submit an offer to the provider to conclude a purchase contract.
2. The descriptions of individual products in the provider's online shop do not contain any assurances of individual product properties, but only contain explanations and illustrations with the "approx. standard" in the industry.
3. The customer can select products from the provider's range and add them to a shopping cart on the shop page using the “add to shopping cart” button. Via the button “order with obligation to pay” the customer makes a binding offer to the provider to purchase the products in the shopping cart. Before sending the order, the customer can view the data at any time and change it if necessary. However, the offer can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby makes it clear that he accepts and agrees to them.
4. The provider then sends the customer an automatic confirmation of receipt or order confirmation by email, in which the customer's order is listed again. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not represent an acceptance of the offer. The purchase contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate email under the name "order confirmation". In this email or at the latest upon delivery of the goods, the contract text, consisting of the order, terms and conditions and the order confirmation, is sent to the customer by the provider (contract confirmation).
5. Due to the peculiarities of the art trade and the distribution of limited graphic editions, it may happen that the supplier only has to procure the goods ordered by the customer at the market or from the artists. Therefore, there may be a delivery delay of up to several weeks. The seller will inform the customer about this by email. If the delivery delay is more than 4 weeks (not the shipping time of the parcel sender!) The customer can withdraw from the purchase contract. To do this, he sends the revocation to the seller as described under §9.
6. The contract text is saved by the provider in compliance with the legal requirements of data protection.
7. The final contract language is in German..

§ 3 prices, shipping costs and payment methods

1. All prices stated on the provider's website include the applicable statutory sales tax (total prices), or are stated without sales tax if not applicable by law.
2. The provider usually sends all articles, goods and pictures to the customer as an insured DHL package, nationally and internationally; this can also be a shipping roll, especially for individual sheets.
3. The shipping costs are shown to the customer in the online shop when ordering and are included in the total costs.
4. The customer makes the payment as part of the order process before the purchase contract is concluded and before the purchase price is due. By accepting the purchase price, the provider does not accept the buyer's offer to conclude a purchase contract. The acceptance of the purchase price takes place on the part of the provider subject to the later conclusion of the purchase contract.

§ 4 Delivery

1. The delivery times specified by the provider are calculated from the time of the order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods in the online shop of the provider, it is fourteen days.
2. If there are temporarily no copies of the product selected by the customer available at the time of the customer's order, the supplier will notify the customer immediately in the order confirmation. If the goods selected by the customer are permanently unavailable, the provider will refrain from accepting them. A contract is not concluded in this case.
3. The following delivery restrictions exist: The provider only delivers to customers who have their habitual residence (billing address) in a country of the EU or European Economic Area, or to a country in which the seller is allowed to send the goods with DHL parcel and customs declaration and this with practically no unreasonable expenditure of time is possible. If shipping is not possible without considerable additional effort or is associated with disproportionate costs, the seller will inform the customer and not accept the purchase contract.

§ 5 Retention of title

1. The seller retains ownership of the goods until the purchase price has been paid in full.

§ 6 Material defect warranty, guarantee

1. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
2. An additional guarantee exists for the goods delivered by the provider only if this was expressly given for the respective article.

§ 7 Liability

1. Customer claims for compensation are excluded. Excluded from this are claims for damages due to injury to life, limb, health or a breach of essential contractual obligations (cardinal obligations). Essential contractual obligations are those obligations, the fulfillment of which is necessary to achieve the objective of the contract. Excluded from the exclusion is liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
2. In the case of a simply negligent breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical for the contract, unless the customer is entitled to compensation for damage to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
4. The limitations of liability arising from Paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

§ 8 Online dispute resolution platform

1. The EU Commission has created a platform for the online settlement of disputes.
2. The platform serves as a point of contact for out-of-court dispute resolution regarding contractual obligations arising from online contracts. More information is available at the following link:
3. https://ec.europa.eu/consumers/odr
4. The provider does not take part in a dispute settlement procedure before a consumer arbitration board.

§ 9 Right of withdrawal

1. When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the provider informs about here in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2).
2. Wight of withdrawal

The customer has the right to withdraw from this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier has taken possession of the goods.

To exercise your right of withdrawal, you must tell me

Robin Ungruhe, Galerie & Kunsthandel
Rueckertstrasse 20
48165 Muenster, Germany
E-Mail robin@edition2020.com

of your decision to withdraw from this contract by means of a clear declaration, e.g. a letter sent by post or email. The customer can use the attached sample cancellation form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired.

Consequences of the withdrawal:

If the customer cancels the contract, the provider has received all payments received from him, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheap standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which the notification of the customer's cancellation was received by the provider. For this repayment, the provider usually uses the same means of payment that the customer used in the original transaction, unless something else was expressly agreed with the customer or technical circumstances / changes make this impossible. The customer will not be charged any repayment costs.

The provider can refuse the repayment until the goods have returned to the provider or until the customer has provided evidence that he has sent the goods back.

The customer must return or hand over the goods to the provider immediately and in any case no later than fourteen days from the date on which he informed the provider of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

In any case, the customer bears the direct costs of returning the goods in the insured package.

The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the quality, properties and functionality of the goods.

§ 10 Final notices

1. The law of the Federal Republic of Germany applies to contracts between the provider and the customer. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
2. The contract remains fundamentally binding in its remaining parts even if individual regulations are legally ineffective. The ineffective points, if any, are replaced by the statutory provisions. If this would represent an unreasonable hardship for the customer or the provider, the contract as a whole becomes ineffective.