Terms and Conditions (T&C)
for purchases in the online shop <menagallery.art>
§ 1 Scope and Applicability
(1) UntoldStories e.V., legally represented by its board, Woennichstr. 10, 13010 Berlin, Germany (hereinafter also referred to as: „we/our/us“) is a non-profit organization with registered offices in Berlin, Germany. On our website <menagallery.art> we provide and operate an online shop in which we offer artworks and related items, i.a. merchandising products, for sale, especially from artists from the Middle East and North Africa.
(2) These Terms and Conditions (T&C) apply exclusively to all orders, purchase and sale transactions of artworks and/or merchandising items in our online shop between us and you as our customer (hereinafter also referred to as: „You“, „Purchaser“ or „Buyer“). These T&C apply only insofar as no deviating provisions are individually agreed upon between you and us. Differing, contrary or supplemental T&C of the Buyer do not apply, except if expressly confirmed by us. You may access the current version of the T&C at any time on our website and may print and/or save it.
(3) The respective version of these T&C is valid and applicable at the time a purchase contract is concluded.
§ 2 Registration
(1) In order to ease and facilitate our online shopping services, you can freely register for an user account on our website. The registration is free of costs or charge.
(2) If you register for a user account, you must provide accurate and complete information and keep your account information updated at any time during the use of your account. If you register on behalf of a third person or a legal entity you require the consent of the third person or the person responsibly in charge of the legal entity you are representing.
(3) You are responsible for the activity that occurs on your account. You shall keep your login data (username and password) confidential and prevent any unauthorized use by third parties. You shall immediately inform us if there are any indications that any third party is misusing your account.
(4) We may restrict, block, or delete an account if you have given false or incorrect information during the registration or if you violate applicable laws, regulations or these T&C. When choosing one of the aforementioned measures, we will consider the impact of the false information, your legitimate interests and the degree of responsibility.
(5) You may delete your account at any time without providing a reason, by sending an e-mail to us (info@menagallery.art) with your request of account deletion. In case of a deletion or termination of your account, outstanding payments for pending purchases from our online shop remain unaffected by such deletion or termination.
(6) You can as well request a customer data report or you can have your customer data removed at any time without providing a reason or notice.
§ 3 Conclusion of contracts
(1) Online purchase contracts via our website <menagallery.art> are being concluded by you or the natural or legal person you are authorized to represent as the Buyer and:
UntoldStories e.V., represented by the board
Woennichstr. 10
13010 Berlin
Germany
as the Seller.
(2) The presentation of the artworks and all other items in our online shop does not constitute a legally binding contract offer, but only a non-binding request to you to purchase the offered artworks or items from our online shop by clicking on the <Order/Buy> button for the product(s) selected by you and listed in your shopping cart. When ordering artworks or items from our online shop we are sending an order confirmation to you via e-mail with order details, such as a list of items you have ordered and the costs for these items. This order confirmation does not constitute the acceptance of your binding order, as we reserve the right at any time after receipt of your binding order to accept or decline your order for any reason or to supply less than the quantity you ordered, if an artwork or an item is out-of-stock. A contract is not concluded until we are sending a shipping confirmation to you via e-mail or until we are shipping the artworks or items to you after:
a) you have selected the artwork(s) and/or item(s) you want to order,
b) you have submitted all the relevant information we need to process your order (name, shipping address, billing address, email address),
c) you have agreed to the applicability of theses T&C and
d) you have clicked on the <Order/Buy> button.
(3) In the event that artworks or items you have ordered are temporarily or permanently not available we will inform you accordingly via e-mail. We will ship the artworks or items as they become available. However, artworks or items you have ordered may be out-of-stock and therefore unavailable for (immediate) shipment, which will delay fulfilling your order.
(4) You can return to the internet page on which your details were entered by pressing the “Back” button in your internet browser before bindingly submitting your order, e.g. to correct input errors or to cancel the order process. Before submitting your legally binding order you may view all information you are submitting to us and correct wrong information in the respective online forms. You can also cancel or interrupt the ordering process before clicking on the <Order/Buy> button by closing the browser window. Further ordering instructions are available during the shopping process.
(5) You can view and print these T&C on our website at any time. For security reasons, order details are only stored in our internal systems and will not be available online after your order has been submitted to us.
(6) Contract language is English.
§ 3 Prices, shipping costs, payment, due date
(1) Total prices are in EURO and include statutory sales taxes and other price components. In addition, there are explicitly stated shipping costs, which are to be borne by you. These are calculated depending on weight, size, volume, shipping destination and shipping company. You also bear other costs incurred by the shipment of the goods, in particular customs duties, tolls or taxes for orders outside the EU. Additional fees (customs, import duties) may be levied by the local governing authorities. These further costs shall be borne by you. Failure to pay these costs may result in the package being returned to us. Buyers are requested to get official information on applicable customs and import regulations of the respective country the product is delivered to. All costs incurred for the package’s return shipment have to be borne by the Buyer. Our current prices at the time of the respective conclusion of the contract shall apply.
(2) You have the option of paying via PayPal, credit card or SEPA direct debit. We will provide you with detailed information on your chosen payment method during checkout.
(3) You undertake to pay the purchase price immediately after conclusion of the contract. As soon as we have been credited with the full payment, we will prepare the product(s) ordered by you for shipment to you.
(4) Any additional transfer costs (e.g. service fees for foreign bank transfers, commissions of payment providers) shall be borne by you.
(5) If you are in default of payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate per annum as published by the European Central Bank. If we can prove a higher damage (e.g. due to return debit notes), we can demand full compensation. Furthermore, in the case of default we are entitled to claim a default flat fee in the amount of 40 € according to § 288 (5) of the German Civil Code BGB. However, you may prove that no damage or only a lesser amount of damage has been incurred.
§ 4 Shipping and Delivery
(1) Shipping of the ordered artworks or items is performed via professional delivery service companies. The delivery of the artworks or items will take place to the delivery address provided by you.
(2) We will do our best to meet any delivery date specified, provided the artwork or item ordered is in stock. However delivery date and time is estimated and quoted for information only and does not imply a contractual obligation or a warranty.
(3) For multiple product orders, we will make every attempt to ship all items contained in one order at the same time. Artworks or items that are unavailable will be shipped as they become available, unless you inform us otherwise. You will only be charged for artworks or items contained in a given shipment, plus any applicable taxes and any applicable shipping charges.
(4) We will provide you with detailed information on the expected delivery date. Please note that ordered artworks within the scope of an edition are specially made upon order and printed up to the respective maximum number of copies of such an edition. Therefore such artworks or items are usually not yet ready for shipment at the time of your order and delivery may therefore be longer than for prefabricated products.
(5) The risk of accidental loss and accidental deterioration of the sold artwork or item shall not pass to the Buyer until the item has been handed over.
(6) The Buyer shall bear any additional delivery costs for additional expenses incurred because he/she or a person authorized by the Buyer to accept delivery cannot be found at the delivery address provided by the Buyer at the time of delivery.
§ 5 Retention of title
Until receipt of complete payment in full we retain title to the artworks and/or items and the delivered artworks and/or items shall remain our sole property or the property of the respective Artist.
§ 6 No transfer of rights
(1) All artworks and items offered in our online shop are subject to copyright protection under statutory law (Urheberrrechtsgesetz/UrhG – German Copyright Act). The respective authors (artists, painters, photographers, etc.) reserve all rights to their artwork and items. By purchasing an artwork or item from our online shop no rights are transferred to the Buyer other than the ownership of the purchased artwork or item for his/her private use according to statutory provisions of the German Copyright Law (UrhG).
(2) The right of the Buyer of an original artwork to publicly exhibit the same is expressly excluded (§ 44 para. 2 UrhG – German Copyright Act). A public exhibition of a purchased original artwork is therefore only permitted with the express separate consent of the author/creator of the respective artwork. For inquiries in this regard, please contact us by e-mail: info@menagallery.art
§ 7 Information on consumers’ right of withdrawal
Consumers within the meaning of § 13 of the German Civil Code (BGB), i.e. every natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade business or profession, have a right of withdrawal according to the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us
UntoldStories e.V., represented by the board
Woennichstr. 10
13010 Berlin
Germany
E-Mail: info@menagallery.art
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the information on the right of withdrawal
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
via post to: UntoldStories e.V.
Woennichstr. 10
13010 Berlin
Germany
via e-mail to: info@menagallery.art
I/We (*) ________________________________
(first name, last name)
________________________________
(street, no.)
________________________________
(postal code, city)
hereby give notice that I/We (*) withdraw from my/our (*) contract of the following service (*): Name of article: ________________________________
Article-No. (*): ________________________________
Ordered on (*): ________________________________
received on (*): ________________________________
Signature of consumer(s) (only if this form is notified on paper), – Date
________________________________
(*) Delete as appropriate.
§ 8 Exclusion and expiry of the right of withdrawal
Please note that the right of withdrawal does not exist, i.a. for contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 No. 1 BGB).
§ 9 Defects, Warranty
(1) The statutory provisions shall apply to defects of the purchased artworks or items. In the case of material or legal defects of the artwork or item within the meaning of § 434 or § 435 of the German Civil Code BGB, we meet our obligation to subsequent performance by way of replacement delivery or repair at our choice. If we choose to replace the defect artwork or item, you shall be obliged to return the defective artwork or item delivered to you in the first place at our expense but at your risk. In order to avoid a loss of the artwork or item to be returned, we may ask you to assign a shipping company with the return, which has a so-called tracking system, on the basis of which the shipment can be tracked.
(2) The Buyer is obligated to check the delivered artwork or item after receipt for completeness of the delivery and defects. In the event the Buyer has received incomplete, damaged, faulty or deficient goods, he/she has to make a claim and has to provide us with proof and a clear description of the damage/ defect.
(3) Claims asserted on account of defects shall become time-barred under the statute of limitations after two years, calculated from the time at which you received the delivery. This does not apply for claims for damages due to injury to life, body or health and/or claims for damages caused by gross negligence or intent. In these cases statutory limitation periods apply.
(4) We only give additional guarantees or warranties for any delivered artworks or items, if expressly stated so in the respective order confirmation.
§ 10 Liability
(1) We shall be fully liable for intent and gross negligence as well as for damages resulting from injury to life, body or health. In case of ordinary or slight negligence, we shall only be liable for breaches of a material contractual obligation. A material contractual obligation is an obligation the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which you may regularly rely. For us, this is in particular the obligation to hand over a defect-free purchased artwork or item. In all other cases, we are not liable for damages to the extent permitted by law: (i) we shall not be liable for any lack of commercial success, lost profits and indirect damages and (ii) liability in accordance with the above clauses shall be limited to the typical, foreseeable damages.
(2) The exclusions or limitations of liability set forth herein shall also apply to our vicarious agents, i.e. any person we assign with any performance of our contractual obligation under an Agreement with you, such as employees, representatives, sub-contractors or freelancers.
(3) Furthermore, the exclusions or limitations of liability set forth herein shall not apply to claims under the German Product Liability Act (ProdHaftG). Instead, the statutory liability rules shall apply in these cases.
§ 11 Data protection
Personal data that we collect, store, record and process from you are used for the processing and handling of your order, including the liquidation of delivery or purchase price claims, as well as the pursuit of any further claims resulting from this. Further information can be found in our privacy policy.
§ 12 Online Dispute Resolution according to Art. 14 para. 1 ODR Regulation
The European Commission provides a platform for online dispute resolution (ODR platform), which you can find at http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
(2) If performance by either party is prevented, restricted or delayed due to any cause arising from or attributable to acts, events, non-happenings, omissions, accidents or acts of God beyond the reasonable control of the party due to perform, the party so affected shall be excused from performance to the extent of such prevention, restriction or delay. No party shall have any liability to any other party for delay or non-delivery in the performance of its obligations under these T&C, when attributable to acts of God, such as fires, war, riots, labour disputes such as strikes or lockouts, sabotage, unusually severe weather or any other cause beyond the reasonable control of such Party („force majeure“).
May, 2022
