General Terms and Conditions

We would like to refer you to some care instructions so that you can enjoy our plants for a long time.

Unpacking
When unpacking the plants, you will ensure a clean and protected environment. Do not use sharp objects as both the prints and the frames may be damaged.

Wall mounting
We recommend to treat the print area very carefully. Gloves are not a must help but very much to protect the pressure.
Environmental influences such as moisture, moisture and direct sunlight can affect the colors and your purchased fineart print. Generally, keep your work from chemicals.

Maintenance
For dusting the works, we only recommend a dry duster.
Basically, even fineart prints do not need special room conditions – just a cozy home.

Contracting party and user of these terms and conditions is Marco Gagliano
Sackgasse 11, 65203 Wiesbaden
Tel .: +49 15786379815
E-mail: hello@gipsyhearts.com

The basis of an order and a contract are always the following General Terms and Conditions of the individual company Marco Gagliano, whose acknowledgment and inclusion you acknowledge and confirm with an order from us. You can see the terms and conditions here.

§ 1 Scope

For the business relationship between Marco Gagliano, Berlin, acting under the brand GIPSYHEARTS (hereinafter referred to as GIPSYHEARTS), and the purchaser, the following terms and conditions apply exclusively in their version valid at the time of the order. GIPSYHEARTS does not recognize divergent conditions of the customer, unless GIPSYHEARTS has expressly agreed to their validity in writing.

§ 2 Conclusion of contract

The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. The products selected by you via the “Add to Cart” button will be summarized in an order summary at the end of the order process. Here you can check all information provided during the ordering process and add or correct it via the “change” button. By clicking on the button “buy now” you send off your order data and declare binding to GIPSYHEARTS to purchase the products listed there (offer). We accept your offer with receipt of your order automatically. Immediately after submitting the order, you will receive an order and contract confirmation by e-mail, detailing the details of your order.

The text of your order will be stored by us and can be sent to you upon completion of your order on request. For your safety, GIPSYHEARTS recommends that you print out the order data and the general terms and conditions valid at the time of ordering. The contract language is German.

§ 3 Copyright

(1) The author of gipsyhearts.com pictures is not GIPSYHEARTS itself, but the respective photographer on the site called “Creator”.

(2) Creators grant GIPSYHEARTS an unrestricted right of use for all images, works and designs offered on the gipsyhearts.com website. When purchasing the respective works, these rights of use are not transferred to the buyer. See §12 of these terms and conditions.

§ 4 Revocation

We point out that each work is made individually after your binding order. For individual products a right of revocation according to § 312 g Abs. 2 Nr. 1 BGB is excluded.

§ 5 Delivery

Unless otherwise agreed, the delivery will be made ex warehouse to your address or to the delivery address specified by you. The delivery time is within Germany about 6 working days and abroad about 8 days.

§ 6 Prices, due date and payment, arrears

The prices quoted in the online shop are final prices including VAT. The shipping costs are not included in the price of the order and will be added to this. Information about shipping costs can be found in § 7 of these terms and conditions.

Payment of the purchase price is made by credit card or direct debit before delivery (prepayment). Furthermore, there is the possibility to buy on account or installment purchase after shipping the goods.

Please note that direct debit is only possible from a German account. You can pay by direct debit, PayPal credit card (Visa, Mastercard, American Express), advance invoice and on account.

§ 7 Shipping costs

GIPSYHEARTS charges for the standard domestic shipping from Monday to Friday excluding bank holidays no extra shipping costs. Express delivery within Germany can be calculated on request.

§ 8 Offsetting, retention

You are only entitled to set-off if your counterclaims have been legally established or recognized by GIPSYHEARTS. You are also entitled to offsetting if you assert claims for defects or counterclaims from the same purchase contract. In addition, you are only authorized to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 9 Retention of title

The delivered goods remain the property of GIPSYHEARTS until complete and final payment.

§ 10 Liability

GIPSYHEARTS is fully liable for damages within the scope of the statutory provisions

(a) from injury to life, body or health due to intentional or negligent breach of duty or otherwise to willful or negligent conduct of GIPSYHEARTS or any of its legal representatives or vicarious agents;

(b) which are based on an intentional or grossly negligent breach of duty or otherwise on intent or gross negligence of the provider or one of its legal representatives or vicarious agents.

GIPSYHEARTS is liable under limitation to compensation for foreseeable damage typical of the contract for such damages, which are based on a slightly negligent violation of essential obligations by GIPSYHEARTS or one of its legal representatives or vicarious agents. Essential obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the purchaser can rely.

The above provisions also apply mutatis mutandis to the liability of GIPSYHEARTS with regard to the reimbursement of futile expenses.

Liability under the Product Liability Act remains unaffected.

§ 11 Warranty

The statutory warranty rights apply, unless expressly agreed otherwise.

The statutory warranty period of two years applies. This begins with delivery of the goods. During this time, all defects that are subject to the statutory warranty obligation, free of charge.

If you are an entrepreneur according to § 14 BGB (German Civil Code), your claims for defects presuppose that you have complied with your statutory inspection and complaint obligations (§§ 377, 381 HGB). If there is a defect during the examination or later, we must be notified immediately in writing. The notification is deemed to be immediate if it takes place within two weeks, whereby the timely dispatch of the advertisement is sufficient to meet the deadlines. Regardless of this duty to inspect and notify you of obvious defects (including wrong and short delivery) within two weeks from delivery in writing, in which case the timely dispatch of the ad is sufficient to meet the deadline. If you miss the proper examination and / or notification of defects, our liability for the non-indicated defect is excluded.

§ 12 No grant of rights

With the purchase of a photographic print, you only acquire the real property in the print. There are no other rights of use granted. Any reproduction (reproduction), distribution, rental, making available to the public or any other analogue or digital exploitation are not permitted unless permitted by law. However, you can resell the deduction.

§ 13 Collection, processing and use of personal data

All regulations for the protection of your data can be found under data protection.

Information on online dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and §§ 36 f. VSBG:

The European Commission provides a platform for online dispute resolution (“OS platform”), which can be found at http://ec.europa.eu/consumers/odr/. The OS platform can serve as a point of contact for out-of-court settlement of disputes arising from online sales contracts or service contracts. We are ready to participate in an out-of-court dispute resolution.

A list of consumer disputes recognized in Germany can be found here.

In all cases, you can contact: General Consumer Arbitration Body of the Center for Mediation e. V., Strassburger Str. 8, D-77694 Kehl; Telephone: +49 7851 79579 40; Fax: +49 7851 79579 4, E-Mail: mail@verbraucher-schlichter.de; Internet: www.verbraucher-schlichter.de contact.

Status: 01.01.2018


Alternative Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO und § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.