§ 1 General Provisions
All goods and services provided by Edition FAG to the customer are provided exclusively subject to the following General Terms and Conditions (GTC) in the version valid at the time of ordering. By placing your order, you confirm knowledge of these GTC and their content. Differing arrangements shall only be valid if agreed in writing between Edition FAG and you; otherwise they are expressly rejected. Orders that are placed orally, by phone or electronic means of communication shall be accepted by Edition FAG exclusively subject to its GTC in the version valid at that time.
§ 2 Conclusion of contract and delivery
The offers made by Edition FAG on the internet constitute non-binding invitations to the customer to order artworks shown at the website edition-fag.com or to bid. By placing an order or with his bid for the desired artwork, the customer submits a binding offer for the conclusion of a sales contract by directing the appointment or his bid for the auction in writing or by email to the Edition FAG in Cologne. Edition FAG will send an order confirmation in writing or by e-mail within 48 hours, by which the offer shall be deemed to have been accepted. Delivery time will be 14 days, provided, however, that Edition FAG is supplied with the production material correctly and in due time.
§ 3 Information on the right of revocation
Right of revocation
You may revoke your acceptance of the contract within 14 days, without having to indicate any reasons, in text form (e.g. in a letter, fax or e-mail) or – if the goods or services are made available to you before the expiry of this period – by returning the goods or services. The 14-day period begins with the receipt of this information in text form. Dispatching the revocation or the goods in time shall suffice for complying with the period of notice for revocation. Revocations should be addressed to:
c/o Ekkehard Großkopf
Consequences of revocation
In the case of an effective revocation the mutually received services or goods – and if applicable, profits derived from their utilisation (e.g. interests) – are to be returned. If you cannot return or restitute the delivered goods or services including any profits taken (e.g. benefits resulting from their use) wholly or in part, or if you can return them only in a deteriorated condition, you will have to compensate us for the resulting loss in value. You shall however only be obliged to compensate for lost value resulting from deterioration of the goods, or for profits derived from their utilisation, if that deterioration or utilisation results from a handling of the goods that goes beyond the inspection of its properties and function. By “inspection of its properties and function” we understand the testing and trying out of the goods in question, such as is possible and customary in a shop, for example. Goods that can be shipped as a parcel shall be returned at our risk. The return is free of charge to you. Goods that cannot be shipped as a parcel will be picked up at your address. Any obligations to reimburse payments must be fulfilled within a period of 30 days. For you, this period will commence with the dispatch of your revocation or of the goods in question; for us, it begins upon the receipt thereof.
End of the information on the right of revocation
Edition FAG would like to point out that from their point of view, there is no right of revocation in the case of their contracts, because the fine-art prints are manufactured to the individual specifications (selection of a printing medium) and are clearly tailored to the personal needs (format of the picture) of the customer who orders them.
§ 4 Pricing and payment terms
Our offers are not binding. All pricing includes the statutory value-added tax applicable at the date of the order and the shipping costs. Only the prices quoted at the date of the order shall apply. Edition FAG delivers only against payment in advance. The order will not be carried out before the receipt of the invoiced amount. Payment is made by transfer of the payable amount to the bank account of Edition FAG. Counterclaims can only be offset against our accounts if such claims are undisputed or have been identified as legally valid by a court. A right of retention can be exerted by the customer only if it is based on the same contractual relationship. Edition FAG is entitled to withdraw from the contract if no payment has been received on the account indicated in the order confirmation within 14 days.
§ 5 Author’s rights
The works of art displayed by Edition FAG on the pages of its web shop edition-fag.com are subject to German copyright (“Urheberrecht”, i.e. author’s right). Duplication, adaptation, dissemination and any kind of exploitation beyond the scope of German copyright require the written consent of the copyright owner, who in this case is also the owner of Edition FAG. Downloads and copies from these pages are only permitted for private, non-commercial use.
§ 6 Final provisions
German law applies to the exclusion of UN purchasing law (CSIG). By placing an order, you acknowledge the General Terms and Conditions (GTC) of the web shop edition-fag.com. If the customer is a merchant, a legal person under public law, or a special asset under public law, the exclusive legal venue for all disputes resulting from this contract shall be our company’s domicile in Cologne, Germany. The same applies if the customer has no general venue in Germany or another EU member state. Should individual points of these GTC be or become ineffective, this shall not affect the validity of the other provisions. The ineffective provision shall be replaced by a new provision, which in its economic effect comes as close as possible to the ineffective provision.