Artisster / Terms & Conditions
§1 Scope

 

The following General Terms and Conditions of Business apply to all purchases issued by the consumer (§13 German Civil Code) through the Artisster online platform, www.artisster.com as well as the use of the platform www.artisster.com. These General Terms and Conditions of Business are exclusively valid and supersede any other terms and conditions. Any General Terms or Conditions which deviate from, conflict with or supplement these terms and conditions are not recognized and shall not be valid.

 

Artisster reserves the right, at its sole discretion, to modify, discontinue or terminate the website or services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the website or provide the consumer with notice of the modification. By continuing to access or use the website or services after we have posted a modification on the website or have provided the consumer with notice of a modification, the consumer indicates that he/she agrees to be bound by the modified Terms. If the modified Terms are not acceptable to the consumer, the only recourse is to cease using the website and services.

§2 Conclusion of the contract

 

Products displayed on artisster.com do not constitute a legally binding offer, but are an invitation to order. By clicking the “Place order” button, the consumer is issuing a binding order for the products listing on the order page. The sales contact comes into existence when we accept the order by sending a confirmation of order immediately upon receipt of the order. The consumer is not required to open a customer account in order to place an order. English is the sole language for concluding the contract.

 

The sales contract is concluded between the consumer and the artist. The online platform www.artisster.com or its proprietor, Sandy Banic, does not conclude the sales contract with the consumer. The artist appoints www.artisster.com and its proprietor as his/her representative and independent non-exclusive reseller with the right to resell such original works of art through the website. Furthermore, Artisster will be responsible for collecting billing and shipping information from the consumer and for processing payment for such purchases via the website.

 

Artisster reserves the right to not accept any order for an Original Work of Art placed via the website if Artisster determines, in its sole discretion, that the item is out of stock or otherwise unavailable via the website. If Artisster cancels an order placed via the website, Artisster will send the consumer an email confirmation of such cancellation and the consumer will not be charged for the order.

§3 Delivery

 

Information regarding the availability and delivery of a work of art are general approximations and do not constitute a guaranteed delivery date. The consumer will be informed of any changes regarding delivery by email. Partial delivery is possible. Shipment costs are based on the delivery location as well as the format of the artwork to be shipped.

§4 Pricing

 

The prices listed on the online platform (artisster.com) include statutory Value Added Tax and other price components, excluding shipping costs. The shipping costs can be found on the shopping cart system and on the order page.

§5 Payment

 

Payments can be made by major credit cards (Visa, MasterCard, American Express).

§ 6 Retention of title

 

Until payment has been made in full, the product or artwork remains the property of the artist.

§7 Warranty

 

In the case of a private consumer, the statutory provisions apply in the event of a delivery of a defective product.

 

If the consumer is a merchant, all claims, which rely on a defect in the product, become subject to the statute of limitations, including contractual and competing non-contractual claims for compensations in damages, 12 months from delivery of the goods. This shall not apply in the case of fraud, intent, gross negligence, liability under the Product Liability Act, breach of a cardinal duty or acceptance of a guarantee, nor in the case of claims for compensation for damage to life, bodily injury or health. The statutory limitation periods apply to claims, which do not relay on a defect. §479 German Civil Code remains unaffected.

 

The consumer does not receive guarantees from the artist in a legal sense. The artist is not responsible for any liabilities regarding the product or artwork if the consumer has inappropriately used or handled the artwork, resulting in the stated defect. Slight deviations of the quality, color, size, materials or design of the artwork are negligible. A right of withdrawal from the contract is excluded in these cases.

§8 Links

 

The website www.artisster.com may contain links to third-party websites or resources. The consumer acknowledges and agrees that Artisster is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Artisster of such websites or resources or the content, products, or services available from such websites or resources. The consumer acknowledges sole responsibility for and assumes all risk arising from use of any such websites or resources.

§9 Indemnity

 

The consumer agrees to defend, indemnify, and hold Artisster, its directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the consumer’s access to or use of the website and services, or the consumer violation of these Terms.

§ 10 Limitation of Liability

 

The consumer acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of the consumer’s access to and use of the website www.artisster.com remains with the consumer. Neither Artisster nor any other party involved in creating, producing, or delivering the website or related services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the website and services, or from any communications, interactions or meetings with other users of the website or other persons with whom the consumer communicates or interacts as a result of his/her use of the website or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Artisster has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

§11 Right of revocation for consumers

 

Cancellation policy

 

Right of revocation

 

Any consumer has the right to revoke his/her contractual obligations in text form (e.g. letter, email) without cause within 14 days. The period for the deadline begins on receipt of this guidance in text form, usually with the order confirmation sent by email, fulfilling our duty to inform pursuant to Article 246 §2 in conjunction with §1 Sections 1 and 2 of the Introductory Act to the Civil Code and our duties pursuant to §312g Section 1 of the German Civil Code in conjunction with Article 246 §3 of the Introductory Act to the Civil Code. The timely communication of the revocation of the purchase agreement shall be deemed sufficient to comply with the revocation term.

 

The revocation must be addressed to: artisster.com, Sandy Banic, Papenhuderstr. 28, 22087 Hamburg or at info@artisster.com.

 

In the event of a valid revocation, all payments received from the consumer, including shipping costs will be repaid to the consumer within 14 days upon the receipt of the revocation of the purchase agreement. The consumer has the obligation to return the product or art work immediately or within 14 days upon receipt of the right of revocation by Artisster. The repayment can be delayed until the product or artwork has been received by the artist or the consumer offers written formal proof that the product has been returned to the artist. In the event that the consumer is unable to return the product in the original state, the consumer shall be bound to offer compensation in this respect. The consumer is required to compensate the artist for the loss of value for the degradation of the artwork if the degradation can be traced to improper handling which exceeds the standard inspection of its properties and mode of operation.

 

“Inspection of the properties and mode of operation” refer to the testing and use of the goods, as is feasible and customary in retail business. Items suitable for shipment as a parcel shall be returned at our risk. The consumer shall bear the normal cost of return of the products, if the products delivered are in conformity with the products ordered.

§12 Extrajudicial resolution

 

According to EU VO Nr. 524/13, consumer disputes can be resolved online. Details can be found on the following link: http://ec.europa.eu/consumers/odr/

§13 Controlling law and jurisdiction

 

These Terms and any action related thereto will be governed by the laws of Germany without regard to its conflict of laws provisions. To the maximum extent permitted by applicable law, Hamburg, Germany is agreed as the Court of jurisdiction.

§14 Severability Clause

 

If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

§15 Contacting Artisster

 

If you have any questions about these Terms, please contact Artisster at info@artisster.com.