§ 1 Scope and vendor
Jana Dettmer (vendor) offers products, in particular original paintings, graphics and multiples (hereinafter referred to as “products”), for sale at her premises at Stammheimer Strasse 15, 50735 Cologne, Germany, and online on the website www.janadettmer.com.
These General Terms and Conditions apply to both businesses and consumers (hereinafter referred to as “customers”). The customer expressly accepts these General Terms and Conditions by placing an order, but at the latest by accepting the delivered product.
These General Terms and Conditions apply to the exclusion of all others. Any conflicting or deviating terms and conditions shall not be recognised.
The contractual language is German.
§ 2 Conclusion of contract
A purchase contract between the vendor and the customer is concluded as follows:
On the website, the customer can select products and place them in the shopping cart without obligation by clicking the “Add to cart” button. The customer can view the contents of the shopping cart at any time without obligation by clicking on the “Shopping cart” button. The customer can remove the selected products from the shopping cart at any time by reducing the number of products to “0”.
By clicking the “Buy now” button on the Order Summary screen, the customer makes a legally binding offer to purchase the product from the vendor. Upon receiving this offer, the vendor sends the customer electronic confirmation of receipt of the order. This does not yet constitute acceptance of the offer. The customer will subsequently receive an email expressly confirming the acceptance of the offer. Only at this point is a purchase contract considered to have been concluded.
§ 3 Delivery and shipping conditions
The vendor can deliver original works, graphics or multiples worldwide. Delivery takes anywhere from 5–14 working days, depending on the product and size, on whether the ordered products are in stock (originals) or must still be produced (multiples, graphics), and whether the order must be shipped abroad. The vendor will inform the customer of any delay in delivery and communicate the new delivery date.
§ 4 Prices and payment terms
The prices indicated on the website www.janadettmer.com apply. These prices include the statutory value added tax but do not include shipping costs. Before the customer places an order for a product in the online shop, the product name, quantity and gross price (excluding shipping costs) will be displayed in the shopping cart. Shipping costs vary depending on the product and delivery method and are calculated according to the choice of delivery method. The customer commits to paying the total cost of shipping.
For online orders, Jana Dettmer offers the choice of payment by credit card (Visa, Mastercard, American Express, Maestro, Google Pay, Apple Pay) or by Klarna Sofortüberweisung. If paying by credit card, the invoice amount will be charged on the day the products are ordered. This also applies to purchases that are not available for immediate delivery. For customer pick-up, there is also the option of paying in cash or with the usual credit cards.
If you are located outside the European Union, import duties or taxes may apply to the products you order and will be charged once the package reaches its destination. Any additional fees for customs clearance will be charged to you, as the vendor has no control over these fees.
§ 5 Retention of title
The product purchased remains the property of Jana Dettmer until payment has been made in full.
§ 6 Right of withdrawal, withdrawal policy and sample withdrawal declaration
If the purchase contract is concluded via the online shop, by mail, telephone or fax and the customer is a consumer, he or she has the right to withdraw from the contract in accordance with Sections 312g, 355 of the BGB (German Civil Code).
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last products.
To exercise your right of withdrawal, you must contact Jana Dettmer, Stammheimer Strasse 15, 50735 Cologne, Germany, Tel. +49 (221) 977 12 600, email: firstname.lastname@example.org, and submit a clear declaration (e.g., a posted letter or an email) of your decision to withdraw from the contract. You can use the sample withdrawal text below, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, Jana Dettmer shall return to you without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from the contract is received by Jana Dettmer all payments received from you, including delivery costs (with the exception of additional costs if you chose a type of delivery other than the least expensive standard delivery offered by the vendor). The vendor shall use the same mode of payment for this refund that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged for this refund. Jana Dettmer may refuse repayment until she has received the products back from you or until you have provided proof that you have returned the products, whichever happens first.
You are obliged to return or hand over the products without delay and in any case no later than fourteen days from the date on which you informed the vendor of your withdrawal from the contract. The deadline is deemed to have been met if you send the products back before the expiry of the fourteen-day period. You must cover the cost of returning the products.
You only have to pay for any loss in value of the products if an inspection of the quality, properties, and functioning of the returned products leads to the conclusion that they have been handled in an improper manner.
The right of withdrawal does not apply to products that were not purchased as is but were instead produced according to the personal choices or decisions of the customer, or which are clearly tailored to the personal requirements of the respective customer.
Sample declaration of withdrawal from contract
Jana Dettmer, Stammheimer Strasse 15, 50735 Cologne
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following products/goods (*)
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) please delete where inapplicable