Applicability
 
The present General Terms and Conditions shall apply to all business relations between Online Galerie Emanuel-Maria.de, Hamburg (in the following Emanuel-Maria.de) and its customers.
 
These GTC's shall apply exclusivly. Conflicting Conditions cannot be accepted, unless approved by Emanuel-Maria.de in writing in individual cases.

 

Formation of contract

 

The description of our products on the internet just serves to inform the customers. It is no offer to conclude a contract within the meaning of Art. 145 German Civil Code. Contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for Emanuel-Maria.de

 

By sending an order to Emanuel-Maria.de, the customer offers to conclude a contract. The customer then will receive an e-mail or other message confirming receipt of the offer. If individual information on the products are faulty, Emanuel-Maria.de shall inform the customer seperately after receipt of the order and submit an appropriate counter offer to him.

 

The contract with Emanuel-Maria.de shall be brought about with Emanuel-Maria.de's acceptance of this offer. The acceptance of the offer shall be subject to the proviso, that the product is available. A seperate confirmation of the acceptance of the offer by Emanuel-Maria.de will not be necessary. If the offer cannot be accepted by Emanuel-Maria.de, the customer will be informed about it via e-mail or other message.

Right of Withdrawal

 

The customer shall be intitled to withdraw his declaration of intention to conclude a contract within four weeks after receipt of the goods, by returning the goods to Emanuel-Maria.de. To comply with this term, it is sufficient to dispatch the goods in time. The withdrawal and the return of the goods have to be sent to: Online Galerie Emanuel-Maria.de, Wiebke Matthews, Friedastrasse 5, 22043 Hamburg, Germany.

 

The charges for the return of the goods shall be paid by the customer.

 

In case of withdrawal, Emanuel-Maria.de will refund the purchase price. Possible return charges paid by Emanuel-Maria.de will be deducted from the purchase price. Refunds to countries apart from Germany, the transfer fee will be deducted as well.

 

The right of withdrawal shall be excluded in following cases:

a) with remittance works

b) with contracts of other deliverys, barring the right of withrdrawal expressis verbis.

Consequences of withdrawal

 

In case of a valid withdrawal, the mutual benefits have to be given back. In case of a considerable deterioration in the quality of the goods or in case of a loss, the customer has to pay demands to Emanuel-Maria.de. The compansation value may be up to 100% of the purchase price.

Delivery

 

Emanuel-Maria.de will deliver the ordered goods to the address indicated by the customer in the order as soon as possible.

 

Emanuel-Maria.de is intitled to make partial deliveries.

 

The costs for the deliveries will by charged to the customer by Emanuel-Maria.de. For deliveries outside the Federal Republic of Germany, the customer shall ask for the charges before ordering.

 

If the delivery date will be exeeded for more than six weeks, the customer has the right to set a period of grace, with the notice, that he will decline the acceptance of the goods after that period. This period of grace has to be at least two weeks. In case there will be no agreement for a new delivery date, the customer has the right to step back from the contract, after a written statement. Shall the customer in case of default or impossibility of performance seek compensation, the compensation will be limited to 5% of the payment price, in case of slight negligence. It will only contain the refund the direct loss, so in particular no refund for missed profit or other econimic losses of the customer. Other claims, in particular for delivery, are excluded.

Shipment

 

The risk of shipment will pass over to the customer, as soon as the goods have been given over to the carrier and left the stock. This will also be effective, if Emanuel-Maria.de has taken over the delivery charges. The complaint regarding transportation damages, the customer has to claim directly to the carrier, in the designated period of time. In case of deliveries from the customer to Emanuel-Maria.de, the customer takes any risk, in particular the transportation risk, until Emanuel-Maria.de received the goods in Hamburg.

Prices

 

All prices are in EURO including german VAT. All prices are valid until cancelled.

Maturity and payment of purchase price

 

The purchase price is due upon conclusion of contract.

 

The payment shall be made by cash in advance or collect on delivery (only Germany). Payments from foreign countries can only be made by cash in advance.

Reservation of Ownership

 

Until complete settlement of all claims against the customer, the delivered goods will remain the property of Emanuel-Maria.de

 

The retention of title remains for all claims, Emanuel-Maria.de has against the customer, e.g. due to repairs or other services, gained additional by the customer. During the retention of title, the customer has the right to be in posession of the goods and has the right of usage according to agreement as long as he complies his obligations according to business relationship.

 

The customer is obliged to provide any information to Emanuel-Maria.de, regarding the retention of title.

Warranty

 

Emanuel-Maria.de shall be liable for defects existing upon delivery of the goods for a period of six month after the customer received the goods.

 

The customer is obliged to inform Emanuel-Maria.de about any defects arising in writing immediately. In case of a defect for which Emanuel-Maria.de is responsible, Emanuel-Maria.de will either repair or replace the defective product, due to Emanuel-Maria.de's choice.

 

Excluded from warranty coverage are originals, facsimilies and remittance works.

Copyright

 

All rights of use and utilization on illustrations, reproductions, lyrics, pictures, collages and their commercial realizations remain only with Wiebke Matthews.

 

Copying and/or any other usage, even in part, is prohibited.

 

Any violation will be prosecuted.

Privacy

 

All personal information of our customers will be treated confidentially. Emanuel-Maria.de though is authorized to collect, save and handle personal information arising from the business relationship regarding to the german Federal Data Protection Act.

 

The data will not be transfered to Third Parties.

Disclaimer for foreign links

 

Emanuel-Maria.de may refer to other internet pages with links. For all these links applies: Emanuel-Maria.de states explicitly that Emanuel-Maria.de has no influence on the content and design of this pages.

 

As well other internet pages may refer to Emanuel-Maria.de. Since we have no control over this, Emanuel-Maria.de distances itself explicitly from all contents and designs of third party pages, referring to Emanuel-Maria.de and we do not embrace any contents.

 

This statement applies for all shown and referred links and all contents and designs of foreign pages.

Final provisions

 

The nullity of any of the provision herein shall effect neither the validity of the Agreement, nor the validity of these General Terms and Conditions.

 

These General Terms and Conditions are governed by the laws of the Federal Republic of Germany. The place of performance and vanue is Hamburg.

 

These General Terms and Conditons are a translation of the german Allgemeine Geschäftsbedingungen (AGB's). In all cases only the german AGB's are valid.