1. Scope of Application
1. The General Terms and Conditions (hereinafter referred to as “GTC”), in the version applicable at the time of your order, shall apply to all deliveries of goods and services of Erbengemeinschaft Sabaliotis (hereinafter referred to as “EG”), Am Volkspark 53, 10715 Berlin, Germany.
2. Orderers of goods and/or services (hereinafter referred to as “Orderer” or “Customer”) may be natural persons and/or entrepreneurs (entrepreneurs are understood to be legal entities with the intention of making a profit, legal entities under public law or special funds under public law).
3. The General Terms and Conditions shall apply to all orders placed here online between the EG and the customer; other conditions and/or ancillary agreements shall only become part of the contract if both parties agree in writing.
2. Subject Matter of the Contract
The subject of the contract is the sale of works of art or other articles offered for sale such as postcards, prints, books, etc. and the associated delivery.
3. Conclusion of the Contract
1. The presentation of the artworks and other offers on this website does not constitute a legally binding offer. In the case of electronic orders sent by e-mail to office@sabaliotis.com, the EG shall confirm the receipt of orders and subsequently submit an offer or a draft contract. The confirmation of receipt by e-mail does not yet constitute an acceptance of the order.
2. An offer is made by e-mail, usually within 24 hours, but no later than the expiry of three working days. After expiry of the acceptance period of five working days, the offer shall be deemed to have been rejected if the offer has not been accepted in another form, e.g. by transfer of the purchase sum or first instalment. The deadlines for delivery of purchased artworks or other goods depend on the place of delivery and the type of delivery.
3. During the offer period, the EG shall remain bound to its offer to the buyer.
4. Product descriptions and other information such as dimensions and photographs of the work shall not be binding. Minor deviations from such product-describing specifications are not expressly excluded and do not affect the fulfilment of contracts, provided that these are reasonable for the customer.
5. The language of correspondence is German or English, the language of the contract is German.
4. Contracting Parties and Direct Contact
1. The contract shall be concluded directly between the EG respectively one of their legal representatives and the customer.
2. The customer can find telephone number and e-mail address in the confirmation or offer e-mail and in the contractual documents.
5. Prices, Shipping and Packaging Costs
1. All prices on this page and in the e-mail offer include the statutory value added tax, once she is separately announced in offer and invoice. In general, the small business regulation according to § 19 is applied. Other price components are always shown separately on the offer and invoice. Packaging costs are included in the selling price.
2. The prices at the time of the order apply are consistent.
3. For the shipment or delivery of the works of art from the EG to the customer, unless expressly agreed otherwise, the customer shall incur shipping costs customary in the market. These shall be listed separately in the offer.
4. For the return or collection of the work of art or ordered goods, the customer shall be obliged to use the original or equivalent packaging and to pack it properly. The shipping costs for the return transport shall be borne by the customer.
6. Payment
1. Works of art and other goods can be purchased by Paypal or payment in advance.
2. The EG shall issue the invoice when the service is rendered or when the ordered artwork/goods are delivered. The invoice will be sent to the customer by e-mail.
7. Delivery
1. The works of art and other goods are generally ready for dispatch within five to ten working days, unless this is expressly stated otherwise on the website directly in the “more information” section and in the offer.
2. If the customer pays in advance, the art will be dispatched when the payment has been received in the EC’s account.
3. The risk of accidental loss and accidental deterioration shall pass as follows:
– to the consumer, at the time of delivery to the customer.
– to the EG as soon as the goods are handed over to the commissioned logistics partner.
8. Retention of Title
1. Consumers: the work of art and other goods remain the property of the EG until full payment of the invoice amount.
2. EG: the work of art remains the property of the EG until all outstanding claims of the EG arising from the business relationship with the customer have been settled. Security rights are transferable to third parties.
9. Right of Retention / Set-Off
1. The customer shall only have a right of set-off if its counterclaims have been legally established or are undisputed or recognized by the EC. Furthermore, the customer shall only have a right of retention if and insofar as a counterclaim of the customer is based on the same contractual relationship.
2. If the customer is in arrears with his payment obligations towards the EC, all existing claims shall become due for payment immediately.
10. Cancellation – Cancellation Policy for Consumers
1. Right of Revocation
The customer may revoke the contract declaration in text form (letter and e-mail) without stating reasons within 14 days or – if the goods are handed over to the customer before the deadline – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our duties to inform pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our duties pursuant to § 312g para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period.
2. The revocation is to be addressed to:
Sabaliotis
Am Volkspark 53
10715 Berlin
Germany
E-mail: office@sabaliotis.com
3. Consequences of Revocation:
In the event of an effective revocation, the services received by both parties shall be returned. If the customer cannot return services received from the EG in whole or in part, or only in a deteriorated condition, the customer shall pay compensation to the EG for the value of the goods. In addition, the customer can avoid the obligation to pay compensation for deterioration caused by the intended use of the goods by not using the goods as if they were his property and by refraining from doing anything that could impair their value. Goods that can be sent as parcels are to be returned at the expense and risk of the customer.
Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of his declaration of revocation or the goods, for the EG with their receipt.
4. Special Notes:
In the case of a service, the customer’s right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at
the express request of the consumer before the consumer has exercised his right of withdrawal.
Exclusion of the right of revocation: The right of revocation does not exist in accordance with § 312d para. 4 no. 1 BGB (German Civil Code) in the case of distance contracts – for the delivery of goods which are manufactured according to customer specifications or are clearly tailored to personal requirements or which are not suitable for return due to their nature.
– End of the cancellation policy –
11. Limitations of Liability of the EC
1. The EG shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by the EG or a representative or vicarious agent of the EG.
2. The EG shall also be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the EG is only liable for the foreseeable damage typical for the contract. The EG is not liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
3. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
4. Insofar as the liability of the EG is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents.
12. Storage of the Contract Text
The EG stores the text of the contract and sends the order data including the link to the GTC to the customer by e-mail. The customer has the option of requesting the text of the contract and the GTC valid and accepted at the time of conclusion of the contract by e-mail from the EG free of charge for up to six months after the end of the contract. A
processing fee will be charged for delivery after one year after the end of the contract.
13. Deviating Agreements
Verbal agreements or agreements deviating from these General Terms and Conditions before and at the time of conclusion of the contract are legally non-binding and shall be replaced by the written contract, unless in individual cases it is expressly stated in the verbal agreements that they shall continue to be binding. A written contract or written confirmation by the EG shall be decisive for the content of such agreements.
14. Final Provisions
For contracts with entrepreneurs, the place of performance for delivery and payment shall be the place of jurisdiction of the registered office of the EC, with the proviso that the EG shall also be entitled, at its own discretion, to take legal action at the place of the registered office or at the place of a branch of the customer. If the customer has no general place of jurisdiction in Germany or if the customer moves his place of residence or usual place of abode out of the territory of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction shall be the place of business of the EC. This shall also apply if the place of residence or habitual abode of the customer is not known at the time the action is brought.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Unless otherwise agreed, amendments or additions to the underlying contract or the General Terms and Conditions of Business must be made in writing in order to be effective. Even with regard to the elimination of the written form clause, the written form requirement may not be deviated from.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.
Status: July 2021