General Terms and Conditions (AGB)

The basis of an order and a contract are always the following General Terms and Conditions of the sole proprietorship Marco Gagliano, which you acknowledge and confirm by placing an order with us. You can view the terms and conditions here.

§ 1 Scope of application

For the business relationship between Marco Gagliano, trading under the brand Gipsyhearts (hereinafter referred to as Gipsyhearts), and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Gipsyhearts does not recognize deviating 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 store does not constitute a legally binding offer, but a non-binding online catalog. The products selected by you via the "Add to shopping cart" button are summarized once again in an order overview at the end of the ordering process. Here you can check all the information provided during the ordering process and amend or correct it using the "Change" button. By clicking on the "Buy now" button, you submit your order data and make a binding declaration to Gipsyhearts that you wish to purchase the products listed there (offer). We automatically accept your offer when we receive your order. Immediately after sending the order, you will receive an order and contract confirmation by e-mail, in which the details of your order are listed again.

The text of your order will be saved by us and can be sent to you on request after your order has been completed. For your security, Gipsyhearts recommends that you print out the order details and the General Terms and Conditions applicable at the time of ordering. The contract language is German.

§ 3 Copyright

(1) The author of the images offered on gipsyhearts.com is not Gipsyhearts itself, but the respective photographer named on the site as "Creator".

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

§ 4 Revocation

We would like to point out that each item is only produced individually after you have placed a binding order. For individual products, a right of withdrawal according to § 312 g para. 2 no. 1 BGB is excluded.

§ 5 Delivery

Unless otherwise agreed, delivery will be made from the production site to your address or to the delivery address specified by you. The delivery time within Germany is approx. 5-10 working days and abroad approx. 8-12 working days.

§ 6 Prices, due date and payment, default

The prices stated in the online store are final prices including VAT. The shipping costs are added in the shopping cart based on the size of the package. Information on shipping costs can be found in § 7 of these GTC.

Payment of the purchase price can be made by Paypal or by bank transfer. 
In addition to payment from your Paypal wallet, Paypal offers other payment options such as direct debit, credit card (Visa, Mastercard, American Express) and payment by installments. Additional costs may be incurred for some of these options. These are displayed transparently before payment.

§ 7 Shipping costs

Your shipping costs are calculated according to the package size and displayed in the shopping cart. These costs apply to Germany mainland (excluding islands) with the standard option. If you require express delivery, please contact our support team at hello@gipsyhearts.com before placing your order.

§ 8 Offsetting, retention

You are only entitled to offset if your counterclaims have been legally established or recognized by Gipsyhearts. You are also entitled to set-off if you assert notices of 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 full and final payment has been made.

§ 10 Liability

Gipsyhearts is liable without limitation within the scope of the statutory provisions for damages

(a) from injury to life, body or health, which are based on an intentional or negligent breach of duty or otherwise on intentional or negligent behavior of Gipsyhearts or one of its legal representatives or vicarious agents;

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

Gipsyhearts is liable, limited to compensation for the foreseeable damage typical for the contract, for such damages that are based on a slightly negligent breach of essential obligations by Gipsyhearts or one of its legal representatives or vicarious agents. Essential obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may 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 shall apply unless expressly agreed otherwise.

The statutory warranty period of two years shall apply. This begins with the handover of the goods. During this period, all defects subject to the statutory warranty obligation will be rectified free of charge.

If you as the customer are an entrepreneur in accordance with § 14 BGB, your claims for defects presuppose that you have fulfilled your statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). If a defect is discovered during the inspection or later, we must be notified of this immediately in writing. The notification shall be deemed immediate if it is made within two weeks, whereby the timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you must report obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby the timely dispatch of the report is also sufficient to meet the deadline. If you fail to properly inspect the goods and/or notify us of defects, our liability for the unreported defect shall be excluded.

§ 12 No granting of rights

With the purchase of a photographic print, you only acquire ownership in rem of the print. No other rights of use are granted. Any reproduction (duplication), distribution, rental, making available to the public or other analog or digital use is not permitted, unless permitted by law. However, you may resell the print.

§ 13 Collection, processing and use of personal data

All regulations for the protection of your data can be found at 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 ("ODR platform"), which you can access at http://ec.europa.eu/consumers/odr/ find. The ODR platform can serve as a point of contact for the out-of-court settlement of disputes arising from online purchase contracts or service contracts. We are prepared to participate in an out-of-court dispute resolution procedure.

A list of recognized consumer arbitration boards in Germany can be found at here.