Terms of service

General terms and conditions of business

1. scope

The following terms and conditions apply to all orders from sellers (artists) via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with the seller (artist) who created the work of art chosen by the buyer. Kunst-Direkt.de is under no circumstances a reseller of the works of art offered by the sellers via the site. Kunst-Direkt.de only acts as an intermediary within the scope of providing the pages and thus enables sellers and buyers to be brought together. Therefore, Kunst-Direkt.de is not part of the sales contract, which is exclusively concluded between buyer and seller. The artist is the sole seller of the works and is solely responsible for the obligations arising from them.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place the works in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the steps provided for this purpose in the ordering process and use the explained correction aids.

By clicking the order button, you place an order with the seller for the goods contained in the shopping cart. The receipt of your order is confirmed by email immediately after the purchase offer has been sent. This confirmation of receipt does not constitute acceptance of your offer, but is only intended to inform you that we have received your order.
The works are offered for sale by the seller on the site subject to their availability. After receipt of the order, Kunst-Direkt.de will check the availability of the work requested by the buyer within 48 hours and confirm the buyer's order if it is available. If the work desired by the buyer is not available, the buyer will be informed immediately and the amount paid will be fully refunded.
When the contract with the seller is concluded depends on the payment method you have chosen:

Payment in advance
If you would like to choose the prepayment method of payment, send an e-mail to: info@kunst-direkt.de and state the title of the work and, if applicable, the execution. We will check the availability of the work within 48 hours and, if available, send you the invoice with our bank details in a separate email. The work will be delivered by the seller after receipt of payment.

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Services
In cooperation with the PayPal payment service, we offer you various payment methods as PayPal services. Depending on the selected payment method, you may be redirected to the PayPal website and the selected payment service after placing the order. There you can enter your payment details and confirm the payment order, provided this has not already happened in our online shop. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. delivery terms

Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.
It is only delivered by mail. Unfortunately, a self collection of the product is not possible. It is not delivered to packing stations.
All obligations arising from the delivery of the order with regard to the delivery times, the quality of the packaging and the work lie exclusively with the seller. Kunst-Direkt.de cannot be held liable in the event of defective/faulty delivery. However, in the event of a defect/fault on the part of the shipping service provider, the seller can hold the latter liable.

5. Pay

The following payment methods are generally available in our shop:

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been dispatched. You'll get more information during the ordering process.

Payment processing through PayPal Services
In cooperation with the PayPal payment service, we offer you various payment methods as PayPal services. In order to be able to pay the invoice amount, you do not have to be registered with PayPal. Depending on the selected payment method, you may be redirected to the PayPal website and the selected payment service after placing the order:
Credit card: The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited.
Giropay: You can enter your payment details on the PayPal website and confirm the use of your details by PayPal. You will then be forwarded to the Giropay GmbH website. In order to be able to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. The payment transaction will be carried out immediately afterwards and your account will be debited.

Direct debit: On the PayPal website you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited.

6. right of withdrawal

You are entitled to the statutory right of cancellation vis-à-vis the seller, as described in the cancellation policy.
Kunst-Direkt.de reserves the right not to take back works that have been returned by the buyer, which are damaged, soiled or have other defects, nor to reimburse the costs. The buyer only has to pay for any diminished value of the work if this diminished value is due to the handling on the part of the buyer that is not necessary to establish the nature, characteristics and functioning of the goods.
The buyer must treat the works with care while they are in his possession in order to avoid damage and depreciation. The return takes place in the original packaging, provided that this is still suitable for transport. If the original packaging is no longer suitable for transport, the buyer must choose suitable packaging.
The buyer bears the direct costs of returning the goods.

7. Retention of title​​​​​​​

The goods remain the property of the seller until full payment.
The following also applies to entrepreneurs: The seller retains title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to the seller in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Intellectual property

The seller guarantees to be the author of the sold work and that the work in no way violates applicable laws, regulations and standards and does not infringe the rights of third parties. He undertakes to protect Kunst-Direkt.de and the buyer from legal action by a third party regarding the sold work within the scope of the warranty for defective title.
In the event of a sale, the seller cedes the material carrier of the work to the buyer and assigns his rights to depict the work to him. However, the seller retains the moral right to the sold work and the rights associated with its depiction.

9. Damage in transit

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and please contact us or the seller immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help the seller to assert claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

10. Warranties and Guarantees​​​​​​​

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

11. Liability​​​​​​​

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the case of intentional or grossly negligent breach of duty
• in the case of promises of guarantees, if agreed, or
• as far as the area of ​​application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.

12. Dispute Resolution​​​​​​​

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

13. Final Provisions​​​​​​​

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.