General Terms and Conditions
General Terms and Conditions / GTC’s
§ 1 General
1) The general terms and conditions issued by Klauss Studios GmbH shall apply exclusively for the business relationship between Klauss Studios GmbH and its customers. Any terms and conditions diverging from the provisions herein or supplemental to such shall not be recognized by Klauss Studios GmbH, unless written consent to such is provided.
2) By submitting the truthfully filled out order form, Customer declares his acceptance of the General Terms and Conditions of Klauss Studios GmbH. Customer shall be liable for any damage caused as a result of violation against said GTC's.
§ 2 Entering into a Contract
1) The Klauss Studios GmbH products and services shown online shall not be considered a sales offer (§§ 145 and following BGB [=Bürgerliches Gesetzbuch; German Civil Code]). By submitting the truthfully filled out order form located within the online shop, Customer shall be bound to a purchase offer with Klauss Studios GmbH.
2) As of the date of submittal of the binding order, Customer shall be bound to the purchase offer for a period of four weeks.
3) A receipt confirmation of Customer’s purchase offer shall not be considered a binding acceptance of said offer by Klauss Studios GmbH. Only a written order acknowledgement sent to customer or the delivery of the products and services included in the sales offer to the courier service shall be considered the acceptance of the offer by Klauss Studios GmbH.
4) Klauss Studios GmbH shall have no obligation to accept the purchase offer.
5) Prices and the General Terms and Conditions as amended on the day Customer submits the purchase offer shall apply. Applicable VAT shall apply to all prices plus shipping charges.
6) Before a sales offer may be submitted, Customer shall be required to confirm his acceptance of the General Terms and Conditions.
7) Should an order not be available for delivery, Customer shall be informed promptly by email. Any payments for such items, which had already been made, shall be refunded immediately.
§ 3 Delivery
1) The lead times listed in the online shop are guide values. Should there be a delay of more than two days in the lead time, Customer shall be informed by email.
2) Klauss Studios GmbH has no influence on delivery delays caused by courier services.
3) The respective shipping charges are listed in the purchase offer in the online shop.
4) Transport damage is to be reported the courier service immediately upon delivery of the goods or otherwise Klauss Studios GmbH is to be notified of such in writing.
§ 4 Guarantees
1) Klauss Studios GmbH is to be notified of any defects (manufacturing defects, incorrect product delivery) within one week after receipt of delivery in writing by fax or by email.
2) Should the notification of defects be acknowledged, Klauss Studios Gmbh shall have the right to either rectify the defect or deliver new product. When returning product, Customer shall be required to use the original packaging. Return shipment costs shall be borne by Klauss Studios GmbH.
3) For technical reasons, the colouring and the colour density shown in the online paintings, which are rendered with a resolution of 72 dpi, may not be considered binding. Only such reproductions of paintings shown in high resolution processed using strict colour management guidelines shall be binding for the materials on offer. There is always the possibility that size and colouring deviate from the final product.
§ 5 Right of Revocation
Revocation and Cancellation Policy
If Customer is a consumer, he shall have the right to revoke from the sales contract at any time and without reason within the first thirty days in writing (letter, fax, email) or by returning the item. The deadline shall begin at the earliest on the day after Customer has received the goods as well as the revocation and cancellation policy in written form.
The declaration of revocation or the returned item is to be addressed to:
Klauss Studios GmbH
30880 Laatzen, Germany
Fax: +49 (0)511 9838515
The right of revocation accordance with § 312 d, paragraph 4 BGB shall not exist for agreements.
*for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality are not suitable for return or may spoil quickly or the expiration date of which has expired.
*for the delivery of audio or video recordings or of software in the event that the seal of the supplied data carriers has been broken by Customer.
Consequences of Revocation
In the event of an effective revocation, both the received products or services are to be returned and, as the case may be, any benefits received as a result of such products or services (e.g. interest) are to be handed over.
If Customer is unable to return the goods entirely or in part, or should product be returned in a deteriorated state, Customer shall be required to pay any replacement value. Said provision shall not apply if said deterioration of the goods is the result of inspection of the goods, such as an inspection that might be performed in a store, or proper use of the goods.
Items that can be shipped in boxes are to be returned at our risk. Items, which cannot be shipped in boxes, shall be picked up. Customer shall be required to pay the costs of return shipping, in the event that the delivered goods are in accordance with what was ordered and if the price for returning the item does not exceed the amount of 40 euros or, if at the time of revocation, Customer has not made a payment for a higher-priced item or has not paid the contractually agreed upon partial payment. Otherwise any return shipment shall be free of charge for Customer.
Any obligation to compensate for payments made must have been fulfilled within a period of 30 days after having sent the declaration to revoke from the purchase agreement.
End of Revocation and Cancellation Policy
The right of revocation shall not apply as concerns prints, framings and photo mounts tailor-made according to customer specifications, since such are customized according to specific personal needs of Customer.
§ 6 Payment Terms and Conditions
Payments in advance pursuant with details listed in the online shop shall be applicable as payment terms and conditions. Klauss Studios GmbH offers the option to pay by credit card or by cash in advance (invoice payment).
§ 7 Retention of Title
Until payment of the purchase has been made in full, the supplied goods shall remain property of Klauss Studios GmbH.
§ 8 Copyright
1) All images shown on Klauss Studios GmbH’s website shall be subject to German copyright law and may not be copied, reproduced or published without prior written consent.
2) The prints of the painting reproductions offered by Klauss Studios GmbH may not be reproduced, edited, further processed, copied nor sold.
§ 9 Data protection policy
1) Customer shall be required to give his consent to the collection, processing and use of personal data required to process the order.
2) Customer data shall not be relayed to any third party.
3) Customer shall have the right to request in writing the details of any data gathered with regard to his person or to have such deleted.
§ 10 Legal Venue
1) Should Customer be a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal public entity, Hanover, Germany shall apply as the place of execution and legal venue.
2) Should Customer be a consumer, Hanover shall also apply as legal venue, even in the event no general legal venue in the Federal Republic of Germany should apply for Customer or in the event that his place of residence is unknown at the time of the dispute.
3) The laws of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods shall not apply.
4) Should any provision of the GTC at hand be null and void, this shall have not affect on the remaining provisions.