Terms and Conditions
The following terms and conditions apply to all activities of Anja Berliner, Friedrichstraße 123, 10117 Berlin (following Blog or Artist) advertised on my homepage www.AnjaBerliner.blogspot.com. This terms and conditions are brought to the attention of all customers through uploading them unto the homepage www.AnjaBerliner.blogspot.com and form part of any agreement between the customer and me.
1.1 There will be from time to time auctions of paintings produced by the artist on the homepage www.AnjaBerliner.blogspot.com. Such auctions are held in a manner that individual bidders are no aware of other bidders and do not possess knowledge of other bids (blind auction).
1.2 The Artist paints with high quality acrylic or oil paints on medium density or high density boards. The size is 6 x 6 x 3/8 inch. Acrylic paintings are semi glossy varnished.
2. Establishing contractual obligations
2.1 During the course of the customers' visit to the homepage the customer will have the opportunity to bid for a painting created by me as an artist.
2.2 Auctions concerning painting on the homepage are held in a manner that each customer is free to determine the price of the painting by placing a minimum bid in accordance with Para 315 BGB (German Civil Code). Each auction starts with a minimum reserve price set by the artist.This is 100,00€ minimum.
2.3 Aforesaid minimum reserve price is neither a binding minimum price nor an invitation to enter into contractual relations with the customer.
2.4 Customers interested in purchasing a painting by the artist via the homepage are encouraged to submit their minimum bid to the artist via the e-mail address sales@AnjaBerliner.de before the end of the auction stipulated below each painting.
2.5 Before the conclusion of the bidding process interested customers can enquire with the blog as to current highest bid. However, the blog is under no obligation to reveal the current highest bid.
2.6 Contractual obligations concerning the purchase of a painting are entered in the fashion that each bid by a consumer is an offer to purchase a painting condition to entering the highest bid. Such an offer attached to the highest price is accepted by the artist upon reaching the end of the auction.
2.7 The customer with the highest bid will be notified by the blog upon the conclusion of the auction via e-mail. The blog will also supply the highest bidder with further information concerning modes of payment and shipping arrangements.
2.8 All prices on this homepage are subject to changes without prior notice. This includes prices of the actual product as well as the applicable VAT rate of currently 7%.
3.1 The shipping costs will be paid by Anja Berliner. The blog has no influence over the average delivery time. In Germany a painting usually reaches the customer within three workdays.
3.2 Customers are to bear the costs of reshipping the purchased painting.
3.3 Shipment outside of the European Union might cause country-specific customs duties and tariffs. The blog has no influence over aforementioned customs duties and tariffs. Customers are encouraged to check with the relevant national customs authority in their jurisdiction before placing a bid.
4. Cancellation of Agreement for consumers according to Para. 13 of the German Civil Code
4.1 The customer has the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which the customer or a third party nominated by the customer other than the carrier, take possession of the goods.
4.2 In case of products specifically made based to the customer`s wishes meant to fulfil the customer`s individual ideas the customer is excluded from cancelling this contract in accordance with to Para. 312g Subpara. 2 No. 1 of the German Civil Code.
This exclusion shall be in operation whenever the painting and its design is based on the customer`s specification, making the painting in question a unique product designed to be used by the customer or third parties making it impossible for us to resell the painting question.
4.3 In all other cases to exercise he customer`s right of cancellation, the customer may please inform the blog, Anja Berliner, Friedrichstraße 123, 10117 Berlin, e-mail: firstname.lastname@example.org within a unique declaration (e.g. a letter sent by mail or email) of the customer`s decision to cancel this contract. The customer can optionally use the attached sample cancellation form. The customer can also fill out and submit the sample cancellation form or any other unique declaration, electronically, on our website. Once the customer has made use of this possibility, the blog will send the customer confirmation of the receipt of such cancellation immediately (e.g. by email). To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
4.4 Consequences of cancellation: If the customer cancels this contract, the blog is obliged to repay all payments that the blog have received from the customer including delivery charges without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. The blog will use the same means of payment for this repayment that the customer used in the original transaction, unless something else has been expressly agreed with the customer; in no instances will fees be charged for this repayment.
The blog may refuse to refund payments until the blog have received the goods again or until the customer have demonstrated that he/she have returned the goods, whatever is sooner. The customer must return or hand over the goods promptly and in any case no later than fourteen days from the date on which the customer have informed the blog about the cancellation of this agreement. The deadline is guaranteed, if the customer send the goods before expiration of the fourteen day period.
The customer must bear the direct costs of returning the goods. The customer will only be liable for any possible loss in value of the goods, if this loss in value is attributable to their unnecessary handling for testing, properties and function of the goods.
END OF INSTRUCTION ABOUT YOUR RIGHT OF CANCELLATION
5.1 Shipment will commence upon full payment in advance within 30 days of receiving the full price and shipment costs or per Paypal.
5.2 The customer will be informed after the ending of the auction about the full price for the painting and the expected shipment price. The only means of payment accepted by the blog is PayPal. The blog will inform the customer about the PayPal e-mail address to be used in the transaction.
5.3 Once the auction is concluded, the blog will initiate the transaction. Shipment will be finalized taking into consideration the time necessary for the painting to dry. This usually takes place within 1 to 6 weeks after publishing the painting online. The artist will inform the potential customer before sale the estimated drying period if requested of the potential custumer. In case the customer is not a private individual consumer as stipulated in Para 13 of the German Civil Code transfer of liability as to damage or loss of the painting takes place upon handing over the paining to a carefully selected mail-order firm.
5.4 In case the customer is a private individual consumer as stipulated in Para 13 of the German Civil Code transfer of liability takes place upon delivery of the painting.
6. Reservation of Ownership
6.1 All paintings remain the artist`s property until all claims against the customer have been settled.
6.2 In case of any unnecessary delay of payment, the blog is entitled to forgo this contract in accordance with the law.
6.3 The artist retains any copyright in connection with the painting. Any right to use must be agreed with the artist beforehand.
7.1 Customers use this homepage at their own risk. Based on the state of the art, the risk of an unforeseeable breakdown of the homepage cannot be ruled out. In the event of an unforeseeable breakdown of the homepage, the blog shall keep the user informed as far as feasible at reasonably expectable expenditure within the scope of existing technical possibilities. The blog shall inform users of impending maintenance work on the homepage and the presumable duration of such work by posting messages on the homepage, taking the rightful interests of users into due consideration during the execution of such work.
7.2 The blog does not guarantee access to the homepage. The blog does not guarantee that any product displayed on the homepage is complete or accurate.
7.3 All content is on offer “as seen” by the customer, there are no warranties, no assurances.
8. Data Protection
8.1 The blog might process personal information in connection with the auction and shipment of the paintings.
8.2 In terms of data protection the blog would like to draw the customer`s attention to the data protection statement available on the homepage.
9. Intellectual Property Rights
9.1 All rights, including copyright and other intellectual property rights, in and to this homepage are owned by or licensed to the blog.
9.2 Using the homepage and its contents grants no rights to the customer in relation to the blog`s intellectual property rights, or that of third parties, in the homepage or its contents.
9.3 Customers may not, without prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the homepage or materials on the homepage or the computer codes or elements comprising the homepage other than solely for their own personal use.
10. Limitation of Liability
10.1 The blog shall be liable to the user in all cases of contractual and extra-contractual liabilities for intent or gross negligence in accordance with statutory provisions relating to damages or reimbursement of frustrated expenditure.
10.2 In other cases, the blog`s liability only applies to a breach of a contractual obligation the fulfillment of which is a material prerequisite for the execution of the agreement and on whose fulfillment the user may generally rely; such liability shall be limited to the compensation of foreseeable and typical damages.
10.3 In all other cases liability on the blog`s part shall be excluded subject to liability for damages resulting from injury to life, limb or health.
10.4 Under no circumstances does the blog guarantee access to or quality of this homepage. The blog do not accept liability for any loss of data, late or incomplete transmission of data connected with the use of the homepage.
11. Subject to Change
11.1 The blog may change this terms and conditions anytime.
11.2 All users will be notified within thirty days of changes to this terms and conditions. They will further be notified that continuing to use this homepage constitutes approval of said changes.
11.3 Continuing to use this homepage indicates approval of said changes and will be deemed sufficient.
12.1 Only the customer shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions.
12.2 These terms and conditions are the sole contract in force between the customer and the blog in connection with the homepage and the services provided on that homepage. These terms and conditions replace all other agreements in force up to date.
12.3 If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
13.1 All agreement and their terms shall be construed according to German law. The laws of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
13.2 If the English legal meaning differs from the German legal meaning of this agreement and its terms, the German meaning shall prevail.
13.3 As far as legally permissible, the sole place of jurisdiction for all disputes in connection with any agreement shall be Berlin / Germany, as far as it is legally permitted.
13.4 The European Commission offers consumers a means to resolve disputes between consumers and companies arising from the use of the internet for shopping purposes. Please visit http://ec.euopa.eu/consumers/odr/ to find out more and to take advantage of this offer.
Last updated: January 2017