General Terms and Conditions
1. Scope of application
The following General Terms and Conditions apply exclusively in their valid form at the time of the order for the business relationship between the Frankfurter Kunstverein, Steinernes Haus am Römerberg, Am Markt 44, D-60311 Frankfurt, and you as a buyer.
2. Contract conclusion
Offers from the Frankfurter Kunstverein are always non-binding. By sending your order, you provide a binding offer to conclude a contract. You will then receive an order confirmation by email with all the details of your order. However, this email does not represent a binding acceptance of a contract. The purchasing contract is only concluded upon prior payment by you and the delivery of the ordered goods. Excluded from a direct online order are editions which are only available for members of the Frankfurter Kunstverein.
3. Prices and shipping costs
The indicated prices include the legal value added tax. The delivery incurs packaging, postage and insurance costs for the shipping, which is charged to you additionally and stated in your invoice. If no other agreement is made, the delivery is sent from the warehouse to the purchaser’s address or the delivery address stated by the buyer. Information on delivery periods is non-binding unless the delivery date is guaranteed in exceptional cases. It is also possible to pick up the ordered goods yourself.
4. Delivery and payment
After receiving your payment, the ordered goods can be collected from the Frankfurter Kunstverein during our opening hours. The buyer pays the purchase price in cash or by transfer before the delivery or collection of the goods (advance payment). The goods cannot be handed over or be sended without payment in full. Paid goods must be collected from the Frankfurter Kunstverein within 14 days. It is not possible to store orders at the Kunstverein. The paid goods become your property upon accepting them as completed deliveries.
The Frankfurter Kunstverein assumes no liability for any damage with respect to delivery. The Frankfurter Kunstverein does not assume any liability for any damage that may have occurred in the course of delivery of the goods. Liability in cases of damage during transport must be asserted with the transport company. For a value of goods exceeding 500 Euro the Frankfurter Kunstverein recommends buyers to take out additional transport insurance. The buyer must immediately check the goods for damage and point out any damage to the shipping company before accepting it. Should obvious damage exist but is only noticed after acceptance, the buyer must report this to the relevant delivery company within 7 days. Should the buyer fail to do so, claims with respect to such obvious damage are invalid.
5. Title retention
The ordered goods remain the property of the Frankfurter Kunstverein or the respective artist until their full payment.
The Frankfurter Kunstverein is only liable if it has breeched an important contractual duty (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is shown to be the result of negligence or intent by the Frankfurter Kunstverein. In so far as it is grossly negligent or intentional, the liability of the Frankfurter Kunstverein is limited to damage that was reasonably foreseeable at the time the contract was concluded.
Liability due to assured quality, in the case of personal injuries and due to compulsory legal regulations, especially product liability law, remains unaffected.
7. Right of revocation for consumers
You can revoke your contractual declaration in writing (e.g. by letter, fax, email) within 14 days without stating reasons or – if the goods are delivered to you before the deadline expires – revocation is also possible by returning the goods. Return shipping is paid for by the buyer. The buyer undertakes to send the goods back using the same transport conditions. The buyer is liable for the undamaged nature of the returned goods. The time limit begins after receiving the instruction in written form, but not before the goods are received by the recipient and also not before fulfilment of our obligation to inform in accordance with Article 246 § 2 in connection with § 1 Sections 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our obligations in accordance with § 312g Section 1 Clause 1 BGB (German Civil Code) in combination with Article 246 § 3 EGBGB (Introductory Law to the German Civil Code). To fulfil the revocation deadline, it is sufficient to send the revocation or goods within the deadline to:
Frankfurter Kunstverein, Markt 44, D-60311 Frankfurt am Main, to fax no.: +49 (0)69 219314-11 or by email to: email@example.com
Consequences of revocation
In the case of a valid revocation, the performance received by both parties must be returned including any derived uses (e.g. interest). Should you be unable or only partially able to return the received performance and uses (e.g. benefits of use), or only in a deteriorated condition, you are liable to pay a value replacement. You are only liable to pay a value replacement for deteriorated goods or utilisation if the utilisation or deterioration was caused by handling the goods in a way that goes beyond checking its condition and operative functions.
Objects that can be sent in a parcel are returned at your own risk. You must carry the regular costs of return shipping. Obligations to refund payments must be fulfilled within 30 days. Your time limit begins at the time you send your revocation declaration or the goods. Our time limit begins when we receive them.
End of revocation instruction
8. Warranty, proper handling
It is assumed as known that all pieces of art can change their appearance and colours, including fading, depending on environmental influences. The Frankfurter Kunstverein assumes no liability for this unavoidable transformation process.
Artworks and frames should neither entirely nor in part be exposed to direct sunlight, should not be hung in the direct vicinity of heating and not be exposed to humidity levels that exceed that of normal living areas. Artworks and frames are thus not suitable for exterior spaces, cellars, bathrooms and kitchens.
9. No granting of rights, exhibitions
In purchasing the artwork you only acquire ownership of the piece. No other utilization rights are granted. Any reproduction (duplication), distribution, public sharing or other analogue or digital exploitation is not permitted. You can however sell the artwork to a third party.
Public exhibition of purchased artworks requires the approval of the respective artist in individual cases.
10. Data protection
The Frankfurter Kunstverein uses the data you provide to fulfil and process your order. In so far as it is necessary, the data is forwarded to the shipping company contracted for the delivery (name, address and, if required, the telephone number to coordinate delivery dates). We forward your payment details to our bank to process payments if necessary.
11. Final clauses
The place of performance and jurisdiction for dealers, legal entities of public law or special funds under public law is Frankfurt am Main. German law exclusively applies, without recourse to UN purchasing law.
Frankfurter Kunstverein, Markt 44, 60311 Frankfurt am Main