Terms and conditions

Terms and conditions for the Webshop of Zalarte

§ 1 Scope, Definitions
§ 2 Conclusion
§ 3 Duties of Zalarte, description of works of art
§ 4 Delivery, availability of goods
§ 5 Retention of title
§ 6 Prices and Returns
§ 7 Payment Terms
§ 8 Warranty for defects, warranty
§ 9 Liability
§ 10 Right of Withdrawal
§ 11 Complaints procedure
§ 12 Information on data processing
§ 13 Final Provisions

Terms and Conditions for the purchase of works of art under the mediation of the

Zalarte GbR
Robert Strong & Lourdes Reyes
High Str. 43
04107 Leipzig
Germany
VAT no .: DE295247915
Phone: +49 341 24799107
E-mail: info@Zalarte.com

between the offering sellers and the purchasing customers.

§ 1 Scope, Definitions

(1) For the business relationship between Zalarte (hereinafter also "Zalarte") and the customer (hereinafter "Customer") subject to the following terms and conditions in their valid form at the time the order is placed. Differing conditions of the customer are not recognized, unless Zalarte agrees to their validity in writing.
(2) In certain cases, special conditions of Zalarte or the respective cooperating partner company of Zalarte are in addition to these Terms and Conditions. These special conditions will be noted separately.
(3) If the contract was concluded, the customer has the option to save or print these terms and conditions.
(4) The customer is a consumer, if the purpose of the goods and services ordered can not be primarily attributed to its commercial or independent professional activity. By contrast entrepreneur is any natural or legal person or unincorporated organization that trades in their commercial or independent professional activity when concluding the contract.
(5) Customers have the option to purchase articles from sellers, which are offered by these sellers at Zalarte. Zalarte assumes the order and payment process in the name and on behalf of the seller.
(6) As a seller occur galleries or directly artists which have instructed Zalarte to make the payment process for the artworks to be sold on their behalf.

§ 2 Conclusion

(1) The product descriptions contained on the web site of Zalarte represent a noncommittal request at the customers to make an offer.
(2) The customer can select from the assortment of Zalarte, particularly original paintings and prints and collect them in a so-called basket by clicking on the "add to cart" button. By clicking on the button "order to pay it", he delivers a binding offer to purchase the goods in the basket. Before sending the order, the customer can change or examine the data at any time. The request can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking the button "Accept Terms" and thereby added these to his request.
(3) "order" means only the commission for brokering the sale of art works by Zalarte. The mediation shall be limited to the negotiation of a contract between the customer and the desired vendor. Zalarte is not a party with regard to the purchase agreements concluded by the customer with the seller.
(4) After the order Zalarte sends an automatically generated acknowledgment of receipt by e-mail to the customer, in which the customer's order is listed again and which can be printed via the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by Zalarte and does not constitute an acceptance of the request.
(5) After carrying out the order Zalarte takes the mediation of the ordered work of art. This service may take up to four business days. After the confirmation of the ordered work of art by the seller, Zalarte sends immediately an order confirmation in the name and on behalf of the seller via email to the customer. The purchase agreement for the work of art comes only to pass after sending the order confirmation.
(6) In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the treaty text (consisting of order, Terms and Conditions and order confirmation) will be sent to the customer on a durable medium (email or hard copy)(contract confirmation). The contract will be stored in compliance with data protection.
(7) The final contract is in German.
(8) The customer guarantees that the information as part of his contract offer or contract conclusion about his person and other relevant contractual circumstances is complete and correct, especially the e-mail address given by him as part of the purchase. The Customer is obliged to inform Zalarte immediately of any changes of data; a corresponding inquiry from Zalarte has to be confirmed by the customer. Applicable to infringements Zalarte is entitled to block the contractual services immediately.

§ 3 Duties of Zalarte, description of works of art

(1) The performance of Zalarte extends to the careful selection of the respective seller and the proper application of the order and payment process for the works of art to be sold.

(2) The information on the offered works of art are based solely on information provided by the seller for Zalarte, They are not warranted by Zalarte towards the customer. Zalarte accepts no responsibility for the completeness and accuracy of information provided by sellers.

§ 4 Delivery, product availability

(1) Delivery times displayed on the website are calculated from the time of order confirmation, provided prior payment of the purchase price (except for the purchase on account). If for the respective goods in online store no or different delivery time is specified, it is 14 days.
(2) At the time of the customer's order, if no copies of the selected product are available, Zalarte will inform the customer in the order confirmation without delay. If the product is permanently unavailable, Zalarte refrains on a declaration of acceptance. A contract is not concluded in this case.
(3) If the product in the order designated by the customer is only temporarily unavailable, Zalarte informs the customer immediately in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to terminate the contract. Incidentally also Zalarte is entitled to withdraw from the contract in this case. Here he will refund any payments already made by the customer immediately.
(4) There are the following shipping restrictions: Zalarte only delivers to customers who have their habitual residence (billing address) in one of the following countries and customers who have their delivery address within the same country: Germany.

§ 5 Retention of title

Until full payment delivered goods remain the property of the seller.

§ 6 Prices and shipping costs

(1) All prices indicated on the website of Zalarte are inclusive of applicable taxes. The amount of tax depends on the seat of the gallery or the artist. If the customer has a VAT identification number, the invoice can be issued without VAT according to the requirements for tax-exempt intra-community supply. In this case, the customer should contact Zalarte: info@zalarte.com.
(2) The corresponding shipping costs are indicated in the order form and shall be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) The order will be shipped by mail. The shipping risk is borne by the seller, if the customer is a consumer. If the customer is not a consumer, supply and shipment is at the risk of the customer.
(4) The customer has to bear the direct cost of returning in the event of cancellation.

§ 7 Terms of payment

(1) The customer can make payment in advance or Paypal. The Customer shall reimburse all costs arising from the fact that a debit or other payment method, will not be cashed and the customer is responsible for this.
Payments are discharging the debt only to the account payable:

Zalarte GbR; Postbank; Account No .: 842379109; BLZ: 10010010; IBAN: DE43 1001 0010 0842 3791, BIC: PBNKDEFF.

(2) If the advance payment is selected, the bank account of Zalarte will be communicated to the customer in the order confirmation. The goods are delivered after payment.
(3) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of payment determined by the calendar, then the customer is already in default observance of the event. In this case he has to pay Zalarte default interest amounting to 5 percentage points above the base rate.
(4) The customer's obligation to pay default interest does not exclude the assertion of further damages caused by delay by Zalarte.
(5) The customer may only offset counterclaims that have been legally established, uncontested or recognized by Zalarte. Counterclaims from the same contract are excluded from the setoff. A lien, the Customer only on the basis of counterclaims assert, based on the same contract.

§ 8 Warranty for defects, warranty

(1) The seller is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period on goods delivered by the seller for entrepreneurs is 12 months.
(2) An additional guarantee for goods delivered by the seller exists only if it has been explicitly stated in the order confirmation of the respective products.

§ 9 Liability

(1) Customer claims for compensation are excluded. This excludes claims for damages of the customer arising from injury to life, limb, health or the breach of contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty of Zalarte, his legal representatives or agents. Material contractual obligations are those whose performance characterizes the contract and to which the customer can rely.
(2) In the event of the breach of contract Zalarte is only liable to typical, foreseeable damage if this was simply caused through negligence, unless there are claims for damages of the customer arising from injury to life, limb or health.
(3) The limitations of para. 1 and 2 also apply to the legal representatives and agents of Zalarte if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.

§ 10 Conditions

(1) Consumers generally have a statutory right of withdrawal at the conclusion of a distance selling business.In accordance with the legal pattern Zalarte informs subsequently about statutory right of withdrawal. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) there is a model withdrawal form.

Right of Withdrawal

Withdrawal

You have the right to withdraw within fourteen days without giving a reason this contract.
The withdrawal period shall be fourteen days from the date, you or a representative of your named third party, who is not a carrier, has taken possession of the goods.
To exercise your right withdrawal, you have to inform by a clear statement (e.g. a consigned mail, fax or email) about your decision to withdraw from this contract:
Zalarte GbR,
Robert Strong, Lourdes Reyes,
High Str. 43
04107 Leipzig
Germany
VAT no .: DE295247915
Phone: +49 341 24799107
Email: info@zalarte.com
You can use the attached model of a withdrawal form, but it is not required.
To preserve the withdrawal period it is sufficient that you send your communication concerning the exercise of the withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments we received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the one offered by us),immediately and at the latest within fourteen days from the date on which the notification of cancellation of this contract has been received at Zalarte. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will not be charged fees for this repayment.
We may withhold reimbursement until we have received the goods back again, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract. The deadline is met if you send the goods before the deadline of a fortnight.
You bear the direct cost of returning the goods.
You just have to pay for any diminished value of the goods, when this loss of value is due to a non-necessary handling to ascertain the nature, characteristics and functioning of the goods.

(2) The right of withdrawal does not apply to contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
(3) About the model withdrawal form Zalarte informes by the statutory scheme as follows:

Model withdrawal form

(If you want to withdraw from the contract, please fill out this form
and send it back.)

- At
Zalarte GbR,
Robert Strong, Lourdes Reyes,
High Str. 43
04107 Leipzig
Germany
VAT no .: DE295247915
Phone: +49 341 24799107
E-mail: info@zalarte.com
- Hereby give notice (s) I / We (*) withdraw from my / our (*) contract concluded
for the purchase of the following goods (*) / provision of the following
Service (*)
- Ordered on (*) / received on (*)
- Name / consumer (s)
- Address of the / consumer (s)
- Signature of / consumer (s) (only for message on paper)
- Date
(*) Delete as applicable

§ 11 Complaints procedure

From 15 February 2016, the European Commission provides a platform for extrajudicial dispute resolution. Consumers have the opportunity to settle disputes related to your online order without the intervention of a judge. The dispute settlement platform is accessible under the link http://ec.europa.eu/consumers/odr/.

§ 12 Information on data processing

(1) Zalarte rises as part of the execution of contracts customer data. Zalarte follows in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without consent of the customer Zalarte data will only collect, process or use user data and customer usage data to the extent necessary for the execution of contracts and for the use and accounting of Telemedia.
(2) Without the consent of the customer Zalarte customer will not use data for purposes of advertising, market or opinion research.
(3) The customer always has the possibility to retrieve the data stored by him under the button "My data" in its profile to modify or delete it. Reference is also made in terms of consent of the client and more information on data collection, processing and use in the privacy statement that is available in printable form on the website of Zalarte at any time via the button "Privacy".

§ 13 Final Provisions

(1) In contracts between Zalarte and the customer the law of the Federal Republic of Germany shall apply, excluding the CISG. For clients who are consumers as defined in § 14 BGB, this only applies to the extent that the residence is located within the Federal Republic of Germany.
(2) If the customer is a businessman, a legal entity under public law or a public special asset, jurisdiction for all disputes arising from contractual relationships between the customer and Zalarte is the seat of Zalarte.
(3) The contract remains binding in the remaining parts even if there is legal invalidity of individual items. The invalid points, if any, are replaced by the statutory provisions. If this would constitute for a Party an undue hardship, the contract will be ineffective as a whole.