General TERMS & CONDITIONS and Customer Information
As of April 2021
1. Identity of the contractual partner and choice of law
The contract is concluded with
Mr. Klaus Rimbach
Papenhuder Str. 34
Tel: + 49-172-4030399
Please address any questions or complaints to the above address.
German law applies with the restriction that consumers with a habitual residence abroad can refer to the mandatory consumer protection regulations of their home country regardless of this choice of law.
2. Scope of these terms and conditions
These terms and conditions apply to orders placed via the online gallery as well as to orders placed by telephone or email.
3. Delivery Restrictions
(1) Please note that I only accept orders for deliveries within Germany and to Austria.
(2) Deliveries to another country of destination are only carried out after separate agreement. Please contact me directly by email at: email@example.com
I will then inform you individually whether a delivery is possible to the shipping address you want outside of the above delivery area and, if applicable, about the shipping time and the delivery costs incurred.
4. Contract language
The contracts can only be concluded in German.
5. Conclusion of the contract
(1) You can only conclude contracts with me via the online gallery if you are resident in the EU and countries that are part of the European Economic Area (Norway, Iceland and Liechtenstein).
(2) The ordering process in the online gallery comprises the following steps: In the first step, select the desired work and place it in the shopping cart. You can also enter a voucher code here. You can also enter a message for me. In the second step you go to the checkout. Alternatively, you can continue the order process here directly via PayPal. If you do not do this, you will be taken to a form in which you can enter your data. After you've done this, select select the payment method you want. You can also enter a different billing address here. In the last step you will receive an overview of your order as well as your other data entered in the previous steps. Here you can check your order again and correct possible input errors. You also have the opportunity to enter a discount code again here before you can finally send the paid order after confirming the general terms and conditions and the right of withdrawal.
(3) You can also register as a customer in the online gallery as part of the order process so that you do not have to enter your customer data again for subsequent orders. Further information on registration can be found in the data protection declaration.
(4) The presentation of the works of art does not constitute a binding offer. You only submit a binding offer with your order. The purchase contract is then concluded as follows:
Credit card : If you have chosen credit card payment, the contract is concluded at the time the credit card is charged.
PayPal : If you have chosen the PayPal payment method, the contract is concluded at the time you confirm the payment order to PayPal.
Prepayment : If you have chosen the prepayment method, the contract is concluded immediately when you place your order.
Telephone or telephone orders outside of the online gallery: Here the contract is concluded when I confirm the order with an order confirmation by email. If we have agreed that I will first send you an offer, the contract is concluded when you accept the offer, be it by email or by paying the agreed purchase price.
6. Storage of the contract text, order confirmation
The contract text of the order submitted via the online gallery is saved. After the order has been placed, access to the text of the contract is no longer possible. However, after submitting your order via the online gallery, you will immediately receive an order confirmation with all order data as well as the terms and conditions and the cancellation policy along with a sample cancellation form to the email address you provided.
7. Prices, shipping costs
(1) All prices are total prices.
(2) Unless otherwise agreed (see section 9 (5) below), shipping costs are not calculated separately.
8. Accepted means of payment, billing options
(1) The following payment methods are accepted:
Credit card (Master Card, VISA, AMERICAN EXPRESS), Pay-Pal, prepayment
(2) Klaus Rimbach is - subject to conflicting legal regulations of the respective country in which you are domiciled - entitled to electronically invoice the services provided. If this is used, you will receive the invoice by email. You can revoke your consent to this if there are objectively important reasons preventing the invoice from being sent by email. The revocation must be declared in writing, stating the reason.
9. Terms of delivery, shipping time
(1) You will receive a dispatch confirmation in good time with the dispatch.
(2) The delivery takes place by forwarding agent or courier service exclusively on working days.
(3) Shipping is insured.
(4) Transporting insured works of art free of damage is relatively expensive. Therefore, we only carry out free delivery as a so-called "additional load" via a forwarding agency or courier service that specializes in the transport of art. "Additional loads" are not strictly timed, the maximum shipping time is therefore approx. 3-4 weeks (usually 10-14 days), with the delivery period starting on the day after the contract is concluded.
(5) A shorter delivery time can be agreed upon separately. The resulting additional costs are to be borne by you.
10. Copyrights - Usage Rights
(1) Klaus Rimbach is the author of the sold works. Express reference is made to the special moral rights in accordance with Sections 12-14 of the Copyright Act. In particular, the work may not be edited and / or changed without the consent of Klaus Rimbach.
(2) With the sale, Klaus Rimbach undertakes to transfer ownership of the physical work of art to you.
(3) A public exhibition of the work is approved.
11. Retention of title
(1) The delivered goods (reserved goods) remain the property of Klaus Rimbach until all claims from this contract have been paid in full.
(2) In the event of seizure of the reserved goods by third parties or other interventions by third parties, the customer must point out the ownership of Klaus Rimbach and must notify Klaus Rimbach immediately in text form so that he can enforce his property rights.
12. Offsetting, right of retention
(1) You are only entitled to offset if your counterclaims have been legally established by a court or are undisputed. This limitation does not apply to counterclaims from the same contractual relationship.
(2) You can only exercise a right of retention if the claims result from the same contractual relationship.
13. Right of withdrawal - costs of return - exclusion of the right of withdrawal
As a consumer, you have the right of cancellation described in more detail in the separate cancellation policy. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
In the event of cancellation, you have to return the work of art to us. The direct costs of the return are to be borne by you. For more information, please refer to the cancellation policy. Please also note that a mere return without an express declaration of revocation does not constitute a revocation of the purchase contract.
The right of withdrawal is excluded for the delivery of works that have been manufactured according to customer specifications or that are clearly tailored to personal needs (commissioned work).
14. Liability for defects
(1) The statutory liability for defects applies. The provisions of the national law applicable to the consumer are decisive.
(2) For all defects of the purchased item occurring during the statutory warranty period of 2 years, the statutory claims apply at your discretion. Subject to other national legal provisions, the warranty period begins upon receipt of the goods.
(1) Klaus Rimbach is not liable for damage to property or financial loss caused by slight negligence. This does not apply in the event of a breach of an obligation that enables the proper execution of the contract in the first place and which you can regularly rely on observing. In the aforementioned cases, Klaus Rimbach's liability for damage to property or financial loss caused by slight negligence is limited to foreseeable damage that is typical for the contract. The same applies to the fulfillment of obligations by Klaus Rimbach's vicarious agents.
(2) The aforementioned limitation of liability does not apply in the event of injury to life, body or health.
16. Data protection
The data protection provisions can be found in the separate data protection declaration.
17. Online Dispute Resolution
Online dispute resolution in accordance with Art. 14 Paragraph 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at: http://ec.europa.eu/consumers/odr/.
If I cannot resolve a dispute with you about a contract concluded with me online, you can contact the arbitration body responsible for me, which is named in more detail below:
Center for European Consumer Protection eV
c / o online arbitrator
Tel .: + 49 78 51/991 48 0
Fax: 07851 / 99148-11
At this point I would like to expressly inform you that I am neither willing nor legally obliged to participate in a dispute settlement procedure at this consumer arbitration board.