The business relationship between „masei“ (Jakob Marek Jeske and Ursula Seitz, sole proprietorship, in the following referred to as “we”) and the Customer shall be exclusively governed by the following General Terms and Conditions (“GTC“), as amended, applicable at the point in time orders are placed.
2. Conclusion of contract
Our offers are subject to alteration and non-binding. We reserve the right to correct errors as regards the information related to our products and prices.
After placing an order, your order will be confirmed by us in form of an email (order confirmation). This order confirmation does not constitute the acceptance of any purchase offer. Purchase contracts shall become effective only upon the payment of the ordered product via bank transfer (advance payment). Ordered goods shall be reserved for the Customer until their payment is received (maximum 10 days). Following the receipt of payment the Customer will receive a second email (purchase confirmation) and a third email after shipping took place (shipping confirmation).
Our prices are final prices and include the currently applicable German Value Added Tax. Only the amount stated at the point in time at which a binding order is placed shall be applicable.
4. Conditions of payment and reservation of ownership
The Customer shall pay the purchase price via bank transfer (advance payment). Invoicing shall be made electronically via email. The goods shall remain our property until full payment is made.
5. Delivery / postage
Any information on the date of delivery shall considered as non-binding unless the date of delivery has been expressly guaranteed as binding. Dispatch shall be triggered as soon as we have received your advance payment on the goods. Given the differing characteristics of the our goods, delivery and/or freight charges may differ and will be stated at the time of placing the corresponding order, respectively.
We have no influence as regards customs and/or importation fees of goods deliveries outside Germany. The Customer shall be responsible for observing the corresponding local regulations in connection with the importation of goods.
6. Right of cancellation
The Customer shall be entitled to cancel his order in writing within a period of 14 days without giving any reasons. The period of cancellation shall start on the day on which the Customer or a third person indicated by him other than the carrier has taken possession of the goods. In the case of an effective cancellation we shall return the payment made to us within a period of 14 days after we received the communication concerning the exercise of the right of cancellation. Repayment is made in the same means of payment as used by Customer in his initial transaction. The Customer shall send or hand over the goods within a period of 24 days after the day he informed us about his cancellation, at the latest. We shall be entitled to refuse repayment until the goods have been returned to us or until the Customer provided evidence that he has returned them. Taking back and return of the goods shall be borne by us up to a merchandise value of 2000 € provided the goods are returned in perfect condition in their original packaging. In the case of a higher merchandise value, the costs will be separately agreed with the Customer. Special and custom build goods shall be excluded from this right of cancellation. The Customer shall bear any loss of value in connection with the goods only if this loss is attributable to unnecessary handling of the goods while examining the corresponding properties, characteristics and functioning.
7. Rights arising from product defects
We take back and reimburse the value of goods defective at delivery (warranty claim). In this case the Customer agrees to return the goods to us in compliance with the above described return procedure. No warranty claim shall exist if the goods were according to the agreed properties on transfer of risk. In the case of an infringement of the duty to return the goods attributable to the Customer, the Customer’s liability for damages shall be governed in accordance with the applicable legal provisions.
We assume that the Customer is aware that the appearance of pieces of art in reality cannot be completely identical with the photos on the internet. We furthermore assume that the Customer is aware that pieces of art may change their appearance and colour and bleach out. In the case of photographic works, the legal warranty obligation is two years and starts when the goods are passed over. During this period, any faults subject to the legal warranty period shall be remedied at no charge. Damages attributable to normal wear and tear, improper use, inappropriate or wrong care and/or storage shall be excluded from our warranty.
We shall only be liable if we are have violated any essential contractual obligation (cardinal obligation) in a way that puts at risk the contractual purposes or if the damage is attributable to wilful action or gross negligence from our part.
10. Copyright and indemnity
The pieces of art are our property and subject to copyright. The depicted pieces of art must not reproduced without permission. Likewise, the purchase of any of these pieces of art does not constitute a permit for their reproduction, commercial leasing or any other analogous or digital distribution. The Customer shall be entitled, however, to resell them. The public exhibition of the pieces of art purchased by our Customers shall require our consent on a case-by-case basis.
11. Data protection
We use the data provided by the Customers so as to comply with and handle their orders. All personal data shall be treated as confidential. We strictly comply with the stringent provisions set forth by the Federal Data Protection Act.
The contractual relation shall be governed by German Law with the exception of the UN Sales Convention.
Place of jurisdiction for full tradesmen and deliveries to foreign countries shall be Munich.
Should one of the provisions of these GTC be or become ineffective in whole or in part this shall not affect the validity of the remaining provisions.
As at 06/2015