All purchases at the Kunstverlag Christoph Falk are regulated by the following General Terms and Conditions in the version which was applicable when the order was placed.

Other business conditions of a customer only apply after this has been agreed to in writing.

§ 1 Conclusion of Contract

The contract takes effect when the customer places an order (estimate) via the internet order form and the confirmation by the Kunstverlag Christoph Falk. The automatically generated e-mail by our system directly after the order process (estimate) is not to be seen as an confirmation by the Kunstverlag Christoph Falk. You will get a confirmation for your order by the Kunstverlag Christoph Falk after a carefully checking for correctness and availability of the goods within 4 days in a seperate e-mail.

The customer is obliged to check this order confirmation for correctness and, when necessary, to advise us, the Kunstverlag Christohp Falk, of any deviations.

If the goods are not available, the customer is notified without delay and any payments (or other consideration) which have already been rendered are refunded (or reinstated) immediately.

§ 2 Prices

The applicable prices are the list prices indicated in the internet site when the order is placed.

The prices are prices ex Kunstverlag Christoph Falk including value added tax but without any costs for packaging and shipment.

§ 3 Retention of Title

Kunstverlag Christoph Falk retains title to the sold goods until the customer has paid all liabilities from the current order and all preceding orders, if any, from Kunstverlag Christoph Falk. Kunstverlag Christoph Falk is entitled to apply customer payments to preceding liabilities.

§ 4 Shipping Costs

The shipping costs are given in a table which can be called up via a link in the internet site.

In addition, with shipments to addresses outside Germany there might also be taxes, customs duties and warehouse costs, all of which are to be paid by the customer.

§ 5 Delivery

Only delivery dates and periods which are explicitly confirmed in writing by Kunstverlag Christoph Falk are binding on Kunstverlag Christoph Falk.

Kunstverlag Christoph Falk reserves the right to make partial deliveries; in this case the shipping charges are only invoiced once.

If delivery fails for reasons for which Kunstverlag Christoph Falk is not responsible, then Kunstverlag Christoph Falk may withdraw from the contract. Kunstverlag Christoph Falk is obliged to inform the customer of this in due time. Any payments that were rendered are reimbursed without delay; however, in this case the customer is not entitled to compensation for damages.

§ 6 Return Privilege

The customer may return the goods received within two weeks of date of receipt without showing cause.

To meet this deadline it is suffices to send the goods back by this deadline or to mail, by this deadline, a letter which exercises the right to withdraw from the contract. The goods sent back must be completely packed in the original packaging or otherwise properly packed. The routine costs of return which are paid by the orderer will be reimbursed; however, with return of a delivery of total order value of 40,00€ or less and with all returns from outside Germany the customer bears the costs of return unless the goods delivered were not part of the order.

In the event of effective cancellation of the contract, each side is to return everything which it has already received in performance of the contract and to surrender all benefits, if any, which it has derived therefrom (e.g. interest). If the customer is unable to return any of that which the customer has received, or can only return some of it or can only return it in a deteriorated state, then the customer is to render compensation for lost value to Kunstverlag Christoph Falk except as deterioration is exclusively due to inspection of the goods.

§ 7 Author's Rights

In respect to all images and other documents we reserve property rights including intellectual property rights and other author's rights. The customer is not entitled, either directly or through third parties, to make any kind of image of our etchings and other products or to reproduce them or to sell such images or to offer such images for sale.

In the case of any items received from the customer for production of a motif prescribed by the customer, the orderer is responsible for ensuring that there are no violations of author's rights or other personal rights of other persons. If there is an occurrence of this case, then the customer assumes responsibility for all legal and financial claims and releases Kunstverlag Christoph Falk from all liability whatsoever.

§ 8 Warranty

All representations of delivered items (pictures, frames, passepartouts, etc.) which are parts of an offer only serve as illustrations. Deviations between representations of colours in the internet and the products of Kunstverlag Christoph Falk are, in principle, not completely avoidable. Original etchings, which are individually printed by hand and coloured in by hand by the colourers of Kunstverlag Christoph Falk each have, by their very nature, an individual character of their own.

All statements of picture sizes of original etchings and hand made copper works are not binding. For the sake of simplicity, similar picture sizes are subsumed under standard sizes. For this reason, deviations in this respect do not constitute a defect.

Faulty deliveries and obvious defects are to be reported by the customer in writing to Kunstverlag Christoph Falk within two weeks of delivery of the goods.

§ 9 Payment

Kunstverlag Christoph Falk makes out an invoice to the customer for the goods which have been ordered. The invoice is given to the customer when the goods are delivered. The customer has the options of paying by payment in advance or by means of PayPal; however, deliveries to addresses outside Germany are only made upon payment in advance or by means of PayPal.

With any kind of payment, Kunstverlag Christoph Falk does not grant a discount payment.

Our prices include the currently applicable German value added tax.

The goods delivered continue to be the property of Kunstverlag Christoph Falk until payment has been rendered in full.

If at attempt at direct debit from the customer’s bank account fails for want of funds or because the bank account data was not correctly transmitted to Kunstverlag Christoph Falk, then Kunstverlag Christoph Falk are entitled to invoice the customer for the resulting costs and to demand default interest of 5% over the base interest rate.

In the event of payment delay, Kunstverlag Christoph Falk are entitled to charge reminder fees of 10.00€ for each reminder and to hand over the claim to a collection agency. The customer bears all costs which arise from usage of the services of the collection agency.

§ 10 Warranty / Complaints

All obvious defects in the goods delivered, especially those which are visible and including all damages sustained during transport, must be reported with an exact description by the customer in writing without delay within at most two weeks of delivery. In the event of failure to observe this deadline, all warranty rights for obvious defects are excluded. Defects which are not obvious are to be reported to Kunstverlag Christoph Falk without delay upon discovery of the defect during the warranty period.

Warranty claims of the consumer based on sales contracts become struck by the statute of limitations one year after delivery or, with shipped goods, one year after acceptance. When goods are defective, Kunstverlag Christoph Falk are entitled to render a substitute delivery. If the substitute delivery fails, the customer may demand, at the customer’s discretion, a reduction of the purchase price or reversal of the contract (cancellation). With cancellation, the customer is obliged to return the goods in their entirety.

Characteristics of the products are not warranted by Kunstverlag Christoph Falk except as a warranty is issued explicitly and in writing. Kunstverlag Christoph Falk are only liable for damages to the goods themselves. In particular, the customer is only entitled to compensation because of subsequent damages if an explicitly warranted characteristic is not present and if the given warranty was intended to exclude the risk of the of the subsequent damages which actually arose. All further claims by a customer for any legal reason whatsoever are excluded.

The above exclusion of liability does not apply in the cases of gross negligence or intention, nor does it apply in the case of injury to health or life. It also does not apply with claims under the German Product Liability Law, nor in cases of delay in performance nor with impossibility for which Kunstverlag Christoph Falk are responsible, nor with liability arising from warranty of title. They also do not apply if an essential contractual obligation of Kunstverlag Christoph Falk is culpably violated. With a violation of an essential contractual obligation excepting violations entailing intent, gross negligence or the absence of warranted characteristics, liability is limited to those damages which could reasonably be anticipated.

Delivery of goods takes place at the risk of the customer. The risks pass to the customer when the goods are handed over to the shipping company. This also applies when Kunstverlag Christoph Falk assumes responsibility for the chipping costs.

Complaints because of damages during shipping (e.g. packaging is damaged upon receipt of goods) are to be asserted by the customer directly to the shipping company.

The customer is obliged to fill out the order form truthfully and completely. Damages which arise from false or incomplete statements are to be compensated for by the customer.

§ 11 Applicable Law

All differences of opinion and legal disputes which arise in connection with the business relationship are regulated exclusively by German law under exclusion of the UN Sales Convention. In the event that the orderer does not have a residence or place of customary stay in Germany when a lawsuit is filed or if this place is not known by Kunstverlag Christoph Falk or if the orderer is a merchant, then Berlin, Germany is agreed as the place of jurisdiction.

§ 12 Data Protection

The personal data of the customer which is required to process transactions is all stored and handled confidentially in accordance with the German Federal Data Protection Law and the German Tele-Services Data Protection Law. Kunstverlag Christoph Falk point out that they will gather customer data in connection with the contractual relationship, and will store this data, process it and use it insofar as this is required for proper processing of orders and proper order information.

§ 13 Severability Clause

If individual provisions of these General Terms and Conditions or of the contract as extended by them are or become ineffective, this does not affect the effectiveness of the remaining provisions. The contract and General Terms and Conditions continue, in their remainder, to be in effect for both parties. The contracting parties are obliged to agree a new provision which takes their mutual interests into consideration and which comes as close as possible to the purpose pursued by the ineffective provision.