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nuarts therms and conditions, fineart prints,

General rules |  Conclusion of a contract |  Delivery |  Revocation right & Substitution right |  Conditions of payment | 
Warranty and liability |  Withdrawal Right of nuarts.de |  Copyright |  Applicable law  |  Privacy |  Final provisions | 
1. General rules zum Seitenanfang

1.1 Contractual partners
nuarts.de runs under www.nuarts.de (.eu) an Online-Shop for sale of individual and large scaled pieces of printed matter, especially reproduction of art work from the graphic arts. These terms and conditions apply to both , contracts made online as well as contracts which are made by using this online shop only as mediator. Contractual Partners are the customer and nuarts.de. Concerning the offer of original art work, nuarts.de appears only as a mediator if need be. Contractual partners are in this case the customer and the owner/seller of the art work. nuarts.de only sends the personal information for a contact to the seller.

1.2 Terms and conditions of the customer
For the contract between nuarts.de and the customer only the terms and conditions of nuarts.de valid at the time of order apply. Terms and conditions that eventually colide with those of nuarts.de do not apply even if there was no explicit and written objection from the side of nuarts.de.
nuarts.de formaly reserves the right to agree for record the eventually dissenting terms and conditions of the orderer.

1.3 Scope of services and payment
All prices on the homepage are inclusive the sales tax and including postage and packing. See prices in the product description.

1.4 Set off and retention
The right for set off applys only for the orderer, if his counter-claims have been judicially determined, or are uncontested or acknowledged by nuarts.de. They are only authorised for the exercise of a right of retention if their counterclaim is based on the same contractual relationship

 
2. Conclusion of a contract zum Seitenanfang

2.1 Applications to conclude aquisition
The displaying of an article in the gallery or on an artists homepage, i.e. a partner of nuarts.de, is not an applicaton to conclude an aquisition, but merely a request to the customer to offer a purchase order himself. The application for conclusion of an aquisition takes place through filling-out and send the order form, which is provided on the homepage of nuarts.de. The orderer is compelled to check the correctness of the information on the order form and the acknowledgement, and to inform nuarts.de immediately about any clerical error or miscalculations or any other friction or meanderings in the order. The orderer is compelled to make true and complete personal information according to the requirements of the order form. For damages due to false informatino the orderer is to be held liable against nuarts.de.

2.2 Acceptance of application for conclusion of an acquisition
The application of the orderer for acquisition is valid by expressed written acceptance, latest with imminent delivery, i.e. with the handing over of the warefrom nuarts.de to the shiping company. nuarts.de is entitled to refuse the acceptance of application for conclusion of an acquisition without giving any reasons. nuarts.de does not guarantee that all offered articles on the sites are available at any time and can be delievered in the desired number. If one or more products is not available in the deisred number, nuarts.de will inform the orderer hereof. In case the orderer has already payd for the ware , the appropriate amount will be refunded within 10 working days.

 
3. Delivery zum Seitenanfang

3.1 Delivery adress
The delivery goes to the delivery adress provided by the orderer. Cost of packing, freight charges, and postage shall be indicated separately in our invoices and have to be paid by the orderer. A summary of the shipment costs you will find here: Shipping-Returns

Eventual additional taxes, fees and custom duties abroad (except EU) have to be paid by the orderer.

3.2 Delivery periods
The delivery will take 7-14 days of receipt of the order, with prepayment within 7-14 days after receipt of the payment. If a customer wisheh a delivery before the stated delivery period, nuarts.de will check the request of the customer for the possibility of an earlier production and delivery.

3.3 Transport damages
If wares are delivered with obvious transport damages, please make a complaint immediately to the delieverer and contact us as soon as possible under: 0751 - 56 81 57 00.

3.5 Failures
The failure of a reclamation or a contact with us on your side has no effect on your legal warranty laws. You help us however, to make demands on our behalf to the carrier or the cargo insurance.

 
4. Revocation right & Substitution right zum Seitenanfang

4.1 Substitution right for individual art prints
The wares will - except for the articles described under point 2 of this paragraph - be producedby individual customer specifications, i.e. regarding to the demands of the customer. On behalf of that, there is no revocation right of the sales contract for the customer (§ 312 d Abs. 4 Nr. 1 BGB). nuarts.de gives no contractual revocation right.

nuarts.de however offers a subsitution right in the form, that the customer can send the ware back to nuarts.de within 10 days, and the customer will get a voucher equal to the value of the ware sent back for the purchase of one or more articles at nuarts.de. For the keeping of the 10 day - deadline it is sufficent, if the customer sends the ware on the 10. day after reception to nuarts.de. nuarts.de has to be notified about the use of the substitution right before returning the ware. The substitution right can be used only one time per order. Costs an dangers of the return shipment in case od use of the substitution right have to be carried by the customer. With return of the ware yu should take sufficent precautions against transport damages. If the ware can be returned wholly or partially in an impaired condition, the customer is eventually obligated to provide compensation to nuarts.de.

Unaffected by this provision are the regulations regarding guarantee and liability for defective goods.

4.3 Revocation right
You can revoke your contract within 14 days without giving any reasons in writing (such as letter or E-mail), or -if the item is placed at your disposal prior to the expiry of this period - by returning the item.The stated period of time starts on receipt of this information in written form, however not before receipt of the good at the consignee (for recurring consignment of similar goods not before receipt of the first part-delivery) and also not before performance of our obligation of information according to Article 246 § 2 in conjunction with§ 1sentence 1 and 2 EGBGB as well as our obligations according to § 312e section 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. Send revocation to:

nuarts
Liebfrauenstrasse 38
88250 Weingarten
E-Mail:


4.4 Consequences of revocation
In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obligated to value replacement. In the case of goods surrendered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof - such as would have been possible for you e.g. in a retail shop.In other respects you can avoid the obligation to compensate for a deterioration due to the utilisation of the good as intended by not using the goods as if they were your property and by refraining from doing anything that could impair their value .Goods capable of being sent by parcel post should be returned to us at our risk.You have to bear the cost of returning if the goods ordered are in conformity with those ordered, and if the price of the items returned does not exceed an amount of 40 Euros or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. Otherwise the return consignment is free of charge. Items not able to be sent in a package shall be picked up. Requests for re-compensation for payments must be met within 30 days after sending the declaration of withdrawal or after returning the goods. The period begins with the transmission of your statement or recovation of things for us with their reception.

4.5 Cost sharing agreement
If you use your revocation right under the above stated criterias, you have to pay the ongoing costs of the return delivery, if the delivered ware is the one you ordered and if the price of the returned ware is not above 40 Euro or if you have not paid a higher price for the item at the time of the revocation, or a contractual agreed partial payment Otherwise the return is free of costs for you.

 
5. Conditions of payment zum Seitenanfang

5.1 Reservation of proprietary rights
The goods supplied remain the property of nuarts.de until all claims of nuarts.de against the customer have been completely settled. A resale or a load of wares with a reservation of proprietary rights to or through third parties is excluded or only valid with the consent of nuarts.de. If the ordering party does not meet nuarts.de's payment obligations, even after written request,Kommt der Besteller seinen Zahlungsverpflichtungen gegenüber nuarts.de auch nach schriftlicher Aufforderung nicht nach, he has to return the ware on demand of nuarts.de. The costs for the return has to be paid by the customer. If the ware shows signs of usage, nuarts.de reserves the right to charge the suitable depreciation to the customer.

5.2 Payment methods
The only payment methods accepted are those subscribed . You will find a summary here: http://www.nuarts.de/zahlungsbedingungen/
Individual and written offers of nuarts.de have individual payment methods. With debit payment the the account of the customer/ account owner is debitted with acceptance of the order. Payment per credit card or Paypal is - since it involves external payment providers - initiated through separate instigation of the customer after inducement of the order.

5.3 Credit card payment
nuarts.de points out, that the handling of credit card payment happens in germany, since it is head office of nuarts.de. If the account to be debited is from abroad, additional fees from the credit card company can occur.

 
6. Warranty and liability zum Seitenanfang

6.1 Use of the website
nuarts.de excludes any liability for disadvantages that result directly or indirectly from the use of this website, in so far as it was not the intention or gross negligence of nuarts.de

6.2 Disclaimer of Warranties
nuarts.de takes over no guarantee for minor deviations of the delivered product to the images of the product or their description, or to the original or another reproduction of the same art work. With printed products, minor deviation in shade, in the measurements and format as well as material and surface quality are - due to production and manufacture - not avoidable. These deviations shall not constitute a defect. For the purchased products materials in line with the industry standard are used by nuarts.de. nuarts.de uses if possible special colours with a high resistibility against UV radiation. Although quality deviation due to intense and ongoing sunlight can not be excluded. No guarantee is given for quality deviation with material and colour due to ongoing and intense sunlight. We explicitely state, that the products are not made for use outside and therefore shall only be used in closed rooms, except there is a note to the contrary in the product description. Therefore we do not recompense for resulting damages, e.g because of moisture-damage.

6.3 Correction of faults, replacement
If the ordered ware has a defect, nuarts.de is obliged to do defect remediation or send a replacement. If nuarts.de is not adressing this demand within 14 days or if two replacement sendings fail, the customer has the right to step back from the contract, or to demand price reduction, compensation of damages and for replacement of unsuccessful expenses .

6.4 period of time
The warranty period shall be 2 years, starting from the time the risk of loss passes.

 
7. Withdrawal Right of nuarts.de zum Seitenanfang

Written- printing mistakes or miscalculations on the websites of the gallery or the homepage of the artist, nuarts.de is entitled to withdraw from the contract.

 
8. Copyright zum Seitenanfang

The intellectual property in this website is as well as the purchased goods is protected by copyright.This web site does not grant a license for use of intellectual property of nuarts.de or third parties. The contents of this website may not be copied, disseminated, altered or made accessible to third parties for commercial purposes.

 
9. Applicable law zum Seitenanfang

For all disputes resulting from the contract, the law of the Federal Republic of Germany is valid with the exception of the UN law of purchase.

 
10. Privacy zum Seitenanfang

The purchaser agrees that all data relating to him will be modified and stored exclusively in electronical way for the completion of the contract.

With the registration of the newsletter nuarts.de stores the e-mail address of the registering person or advertisement and market research purposes until you unsubscribe from it.

nuarts.de is committed not to give away personal information to unauthorized third parties. The personal information will only be handed over to parties engaged - and hence authorized - by nuarts. (e.g. the delivering company), as neccessary for the conclusion of a contract, i.e. delivery and payment. In these cases the amount of information is restricted to the neccessary minimum.

If the customer pays per debit, nuarts.de will in order to protect our rightful interests, your name and your address will be sent to the SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany or similar credit assessment companies in order test your credit-worthiness. Your interests will be respected according to the legal regulations.

Responsible for data collection is the management of nuarts.de.

 
11. Final provisions zum Seitenanfang

1. Severability Clause
If certain terms of the contract should become ineffective, invalid, void or contestable for whatever reason, this does not affect the validity and/or legal effect of the other terms of the contract.

State of the General Terms and Conditions:: 31.10.2010

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