| Newness |
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| Reviews |
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| 1.
General rules |
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| 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 |
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| 2. Conclusion
of a contract |
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| 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. |
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| 3. Delivery |
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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.
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| 4. Revocation
right & Substitution right |
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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. |
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| 5. Conditions
of payment |
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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. |
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| 6. Warranty
and liability |
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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. |
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| 7. Withdrawal
Right of nuarts.de |
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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. |
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| 8. Copyright |
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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. |
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| 9. Applicable
law |
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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. |
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| 10. Privacy |
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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. |
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| 11. Final provisions |
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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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