General Terms and Conditions
Scope of Application:
The General Terms and Conditions of business apply for all deliveries of HolyartGallery, James-Cook Str.33, 86156 Augsburg. Consumers are natural persons who conclude a legal transaction with HolyartGallery for a purpose that can predominantly not be attributed to commercial or self-employed activity.
Contractual Partners
The contract of purchase is concluded with HolyartGallery, James-Cook Str. 33, 86156 Augsburg.
Conclusion of contract
The representation of products in my online shop shall not constitute a legally binding offer, but rather an invitation to place an order.
By clicking the button (buy/order with cost) you place a binding order of the listed products. Your purchase contract becomes effective as soon as we send you an order confirmation via email right after receiving your order.
Withdrawal of contract
If you are the consumer (a natural person, who placed the order for a purpose that can predominantly not be attributed to commercial or self-employed activity) you are entitled to a withdrawal of contract according to legal regulations.
If you make use of your right of withdrawal of contract as a consumer according to Item 4.1, you will have to carry the regular cost of return shipment.
Otherwise, the same regulations apply to the right of withdrawal of contract specified in the following
Cancellation instructions
Right of withdrawal of contract
You have the right to withdraw from the contract within fourteen days without giving reasons.
The period of revocation starts on the day on which the consumer or a third party indicated by the consumer other than the carrier acquires the material possessions of each of the goods ordered and lasts fourteen days.
In order to exercise your right to withdraw from the contract, you must inform HolyartGallery, James-Cook Str. 33, 86156 Augsburg, about your decision to withdraw from the contract (via mail, letter, Fax or via email). You can use the annexed standard withdrawal form, but it’s not mandatory. You can use the sample form of withdrawal or another clear statement that can also be filled in on the homepage holyart.gallery and can be transmitted electronically.
In that case, we will communicate to you an acknowledgement of receipt of your withdrawal without delay by email.
To comply with the time limit of revocation it suffices to send off the revocation notice within the time frame of the revocation period.
Consequences of withdrawal
If you withdraw from the contract of purchase, we are obligated to refund all payments received from you minus the costs of shipment, without delay, and no later than fourteen days starting from the day your revocation notice was received. Repayment will be made in the same way the original payment was made, unless it was agreed upon otherwise with you. In no way there will be additional cost for the reimbursement.
However, we have the right to refuse repayment until we have received to goods to be returned.
You are obligated to return the goods without delay, and no later than fourteen days starting from the day you gave us notice of your withdrawal from contract through shipment or handing over the products personally. You are within the time limit if you send the goods before the time frame of fourteen days has passed.
You will carry the costs of the return shipment of the goods. You are only liable for any diminished value if said diminished value comes from ascertaining the nature and functioning of the goods in a way that results form handling the goods in a way other than what is necessary from your side.
Prices and shipping charges
The prices stated on the product pages include the statutory value-added tax as well as other price components.
In addition to the price stated we charge 3.95 Euros for the shipment of postcards and 12.95 Euros for the shipment of larger prints in Germany. Prices can vary for shipment abroad.
The shipment charge I clearly stated again on the product pages, the online shopping cart and on the order page.
Delivery
Delivery is possible in Germany with various shipping providers. Delivery of the larger prints can take up to four weeks, postcards will be delivered within 4-7 workdays.
Additional information about shipment times are provided on the product page.
Payment
Payment may be made by prepayment or Paypal. Should you select the prepayment method of payment, we will include our bank details in the conformation of order and the order will be delivered after payment has been received.
Retention of ownership
The merchandise shall remain the property of the company until full payment of the sale price.
Dispute settlement
The EU-commission has created a platform for online-dispute-settlement. This platform serves as a focal point for out-of-court settlement of dispute concerning contractual obligations stemming from online contracts. Further information can be found under the following link: http://ec.europa.eu/consumers/odr.
We are neither obligated nor willing to participate in a dispute settlement procedure with a consumer arbitration board.