General Terms

Preamble

By completing the registration process consumers (hereinafter referred to as "customers") accept the following Terms and Conditions for all contracts concluded via the online shop provided by yourPainting GmbH, Schlesische Straße 26, 10997 Berlin, GERMANY "Imprint“, operated under the “”. All services at [http://www.yourpainting.com] by yourPainting GmbH shall be subject to the following General Terms. English shall be the official language of the contract’s text and interpretation. Divergent or supplementary General Terms and Conditions of the customer are not a constituent of the contract. The customer can call up, print out, download and or save the following General Terms at any time under the “General Terms-Link”.

§ 1 Contractual Partners

The contract is concluded with yourPainting GmbH (in the following “yourPainting”) which is a limited liability company, registered in Berlin, GERMANY, commercial register: Registration court of Charlottenburg HRB 130 469B.

§ 2 Applicable Law

(1)

yourPainting GmbH is a limited liability company, registered in Berlin, GERMANY, no registered offices in other countries.
Die von dem Kunden gewünschten Ölgemälde können auch per E-Mail, telefonisch, oder per Post bestellt werden.

(2)

The Contract including these General Terms and the contractual relationship shall be governed by the Law of the Federal Republic of Germany, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) that have been adopted by German Law.

(3)

The place of performance under these General Terms shall be Berlin, GERMANY. For all disputes arising from the respective contract Stuttgart is the exclusive place of jurisdiction, as long as the customer is a merchant, a special estate of public law or a juristic person of public law. The same applies to customers without a general place of jurisdiction within Germany. Statutory regulations shall remain unaffected.

§ 3 Conclusion of the Contract

(1)

The offering of products and services by yourPainting in its online store is not a legally binding order but constitutes a nonbinding invitation to the customer to name an offer (so-called “invitatio ad offerendum”). By ordering the desired products the customer submits a binding offer for the conclusion of a contract under these general terms. A contract is agreed upon with the confirmation of the order by yourPainting.

(2)

The customer may order oil paintings via email or telephone.

§ 4 Prices and Payment

(1)

All prices are stated in USD. In case of shipments to foreign countries additional costs may arise (e.g. import duty), which shall be paid by the customer.

(2)

Packaging, transporting fees and transport insurances will be charged upon the customer regarding the price list of yourPainting in effect at the date of purchase. The additional shipping fees concerning shipments abroad are also part of that rule.

(3)

The customer may pay via PayPal and Visa. yourPainting reserves the right to restrict the above-mentioned range of methods of payment.

(4)

(4) All prices and other costs are due to payment as soon as the contract has come about and must be paid within 14 days.

(5)

While the customer is in a state of default with respect to payment, yourPainting is authorized to charge default interest in the amount of 5 percentage points above the prime rate p.a. as published by the Deutsche Bundesbank in the Federal Gazette. yourPainting reserves the right to prove the incurrence of further damages in this regard. In case a debit fails due to incorrect information provided by the customer or insufficient funds, all costs incurred shall be paid by the customer.

(6)

yourPainting is entitled to use the services of reliable third parties for the handling of payments.

§ 5 Retention of title

The delivered good remains the property of yourPainting until full payment and may neither be pledged or sold nor encumbered by third party, except explicit written permission by yourPainting. The customer must immediately inform yourPainting of third-party access to any retained good after this has become known. The customer is liable for all costs incurred for resolving such access to the extent the costs cannot be reimbursed by the applicable third party.

§ 6 Shipment

(1)

YourPainting delivers to Germany and other countries according to the list . The shipment will be handled by a transport company selected by yourPainting.

(2)

Once confirm of the payment, yourPainting will arrange the goods to be sent.

(3)

The customer shall bear the applicable costs for shipment. An overview of shipping possibilities and the shipping costs incurred can be viewed by following the link "Shipping costs ". Shipping costs are also displayed for the customer's attention on the order overview page prior to submission of the order.

(4)

If an article ordered cannot be delivered because a supplier failed to ship the necessary goods to yourPainting despite being contractually obligated to do so and through no fault of yourPainting, the latter is entitled to withdraw from the contract. In this case, yourPainting will immediately advise the customer and any payments made will be immediately refunded.

(5)

Delivery time information by yourPainting is provisional and not binding. yourPainting does not accept binding delivery dates to be part of this contract.

§ 7 Shipment damages

Shipment and transport of the good is always insured. By the delivery of the goods, the customer shall check the good for obvious damages and, in the event of damage, inform yourPainting in writing within 14 days. The customer must notify the delivery agent resp. company of such damage without delay. The customer must have the delivery agent resp. company confirm the damage on delivery in writing. In the event of hidden transport damages, the customer shall inform the transport company for damage findings without delay.

§ 8 Right of revocation

The right of revocation does not exist for distance contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs.

The customer can revoke your contractual statement within 14 days without providing reasons in text form (e.g. letter, fax, E-mail) or – if the good is transferred to his ownership before the end of the period – by returning the good. The period begins with the receipt of these instructions, however, not before the receipt of the good by the recipient and also not before fulfilling the obligations to provide information pursuant to Article 246 Sec. 2 in connection with Sec. 1 Para. 1 and 2 EGBGB [Introductory Act to the German Civil Code] and the obligations pursuant to Sec. 312 g Para. 1 BGB [German Civil Code] in connection with Article 246 Sec. 3 EGBGB by yourPainting. The timely forwarding of the declaration of cancellation or the good suffices for compliance with the cancellation period.

The cancellation is to be addressed to:

yourPainting GmbH
SCHlesische Str. 26
10997 Berlin
GERMANY
E-Mail: serivce@yourpainting.com

Consequences of cancellation:

In the event of valid cancellation, performance received by both parties and any benefits gained (e.g. interest) by either party must be returned. If the customer is not able to return the goods and benefits (e.g. benefits of use) to yourPainting in full or in part or only in a deteriorated state, the customer is required to reimburse the applicable value to yourPainting. The Customer is only required to compensate yourPainting for the deterioration of the product and for benefits from use to the extent such use or the deterioration is attributed to the customer’s handling of the product and goes beyond verifying the properties and functions of the product. The "verification of properties and functions" is understood as testing and trying out the respective good as is possible and customary in a store. Goods capable of being sent by parcel post are to be returned at our risk. The customer must assume the regular costs of the return if the shipped good corresponds to the ordered good and if the price of the good to be returned does not exceed an amount of 40 Euros or, in the event of a higher price of the good at the time of cancellation, the customer has not provided the quid pro quo or a contractually agreed partial payment. In all other cases, the return shipment is free of charge for the customer. Obligations to reimburse payments must be fulfilled within 30 days. For the customer, the period begins with the forwarding of your notice of cancellation or the good. For yourPainting it starts with the receipt of the same.

End of the instructions on the right of cancellation

§ 9 Copyrights, individual rights

By submitting a picture or file, the customer expressly assures that he or she holds all rights to the picture and/or file and has the unlimited right to use all parts of the picture, and that no rights to the picture are held by third parties and that, in cases where individuals are shown, no individual rights are infringed upon. The customer will be liable for any infringement and to the extent permitted by applicable law, the customer agrees to indemnify and hold harmless yourPainting.

§ 10 Customer’s obligation

During the process of production of the oil-painting, yourPainting uploads a preview picture to the customer’s account. The customer is required to give feedback to the preview within 5 working days. The feedback has to be given by using the function provided for in the customer’s account. In the event that yourPainting will not be given notice by the client within 5 working days, the ordered product shall be deemed to be accepted by the customer. yourPainting shall inform the customer about these consequences as part of the notification mentioned above.
In the event that the customer requests changes within these 5 working days by using the function provided for in his or her account, the change request will be checked and, if possible, the product will be customized. Please note that changes will extend the delivery period of the respective product.

§ 11 Warranty claims

(1)

The customer acknowledges that color, shape and quality of the product may be different from the display on the internet or other media. The customer shall not be entitled to complain because of any minor variation of the product comparing to its display on the screen or to the original photography.

(2)

All paintings are hand-made and may vary in color and shape. The customer shall not be entitled to complain about those variations.

(3)

Claims of the customer may not be delegated.

(4)

Upon receipt of the goods the customer shall check the goods immediately for obvious transportation damage. In the event of a damage apparently caused by transport, the customer must have the delivery agent resp. company confirm the damage on delivery in writing and shall inform yourPainting in writing, including the invoice number.

§ 12 Liability for the compensation of damages

For the liability of yourPainting for the compensation of damages, the following exclusions and limitations of liability apply irrespective of other legal conditions of entitlement:

(1)

yourPainting is liable to the extent this is attributed to intent or gross negligence on yourPainting’s part. For minor negligence, yourPainting is only liable for the breach of a duty, whose fulfillment is essential for the proper execution of the agreement and whose regular fulfillment the contract party relies on. Furthermore, liability for the compensation of damages of all types, regardless of the basis for a claim, including liability for culpability upon conclusion of the contract, is ruled out.

(2)

To the extent yourPainting is liable as per paragraph 1 for minor negligence, yourPainting’s liability is limited to foreseeable damages typical of such contracts, whose possibility of occurrence yourPainting is aware of at the time the contract was concluded.

(3)

These exclusions and limitations of liability do not apply for damages, which must be compensated pursuant to the German Product Liability Act, nor for injury to life, limb and health.

(4)

These exclusions and limitations of liability also apply for the benefit of the yourPainting’s employees, servants and other third parties, whom yourPainting engages for the fulfillment of the contract.

§ 13 Amendments to the General Terms

yourPainting reserves the right to amend these General Business Conditions. Any amendments to these General Conditions shall be notified by yourPainting to the customer at least three weeks in advance. In the event that the customer shall not be in agreement with the respective amendment to the General Business Conditions, he shall be under a duty to notify disagreement to yourPainting in writing within two weeks from the date of receipt of the amended General Business Conditions. Where the customer fails to deliver such notification, then his consent to amendment of the General Conditions shall be deemed to have been given. yourPainting shall inform the customer about these consequences as part of the notification mentioned above.

§ 14 Closing provisions

If single clauses or rules in this contract are not valid, the validity of all other clauses is not concerned by that. In place of the invalid clause the contracting parties agree upon the validity of an appropriate rule to fill the respective void. This rule should be as near as possible to the hypothetical will the contracting parties had regarding this very clause.