General Terms and Conditions
Retrolux UG (haftungsbeschränkt) operates an online website under the URL www.retrolux.de (“Retrolux“), via which selected artworks are sold as high-quality prints or as high-quality, limited-edition prints. The respective artwork is usually only produced upon completion of the purchase and payment process. The subsequent shipping of the artwork shall be undertaken by Retrolux UG (haftungsbeschränkt) or directly by the Photo Lab that produces the print, in a proper manner as befitting for the transportation of fine art.
1. Contractual partner, are of validity, registration as a user
1.1 The contractual partner is Retrolux UG (haftungsbeschänkt).
1.2 All contracts between you and Retrolux shall be entered into in accordance with our General Terms & Conditions (“GTC”). The GTC shall be accepted by you in their entirety in the version current upon closure of the respective contractual agreement. These GTC shall be exclusively applicable: Provisions that differ from those stated herein are hereby deemed invalid. These GTC can be accessed and printed out at any time on our website, which can be found under the URL http://retrolux.de/legal/terms-conditions/.
1.3 Our platform can be used by you without registration, with limited functionality. A right to usage shall not exist however.
Registration, which enables the unlimited usage of our platform, is free of charge. The data required for registration must be submitted in full and in accordance with the truth. Registration shall take place with entry of the first and last name, and e-mail address, by clicking on the verification link sent to you via e-mail, and by entering a password chosen by you. You shall be obliged to keep you password secret. You shall be responsible for the updating of your data.
2. Offerings, ordering, contract closure and withdrawal
2.1 All of our offerings are subject to alteration and non-binding.
2.2 You may only make an order as a person of full legal age.
2.3 Any possible subsidiary agreements shall only be effective once they have been confirmed in writing.
2.4 We expressly reserve the right to price changes, technical alterations, errors, typing errors and interim sales.
2.5 You shall be obliged to pay the purchase price within 10 working days after receipt of the order confirmation.
2.6 Delivery cannot be made to a P.O. Box address.
The prices stated on our platform or given through an inquiry at the time of the order shall apply. The prices shall be stated in EURO and include statutory VAT without any reductions for buyers from Germany. If import sales tax etc. implies in your country of residence, payment of this tax must be made by you. Please enquire without the respective authorities responsible prior to placing an order on our platform.
4.1 The purchase price plus a fixed-rate amount for packaging and insurance, along with shipping costs, shall be payable upon closure of the contract. Payments shall be made as net amounts without any reductions, unless another method of payment has been expressly agreed upon in writing, and shall take place as the following provision via prepayment/invoice prior to delivery.
4.2 Methods of payment:
– Prepayment / Invoice:
Upon closure of the contract we will send you an invoice by e-mail with our bank account details and you will transfer the invoice amount to this account without delay.
5. Reservation of ownership
Each delivery shall take place under reservation of ownership. Only once payment has been received in full and once the artwork has been delivered shall the ownership be transferred. Up until this point, the artwork may not be resold, pawned, transferred by way of security, or encumbered with other rights.
6. Shipping costs
6.1 In addition to the purchase price, the respective shipping costs as stated must also be settled.
6.2 Details about shipping costs are provided through by inquiry.
7. Terms of delivery
7.1 Unless other arrangements have been made, delivery shall be made from our office, or directly from the photo lab to the delivery address provided by you. Information about the delivery time shall only be estimated values and non-binding points of reference.
7.2 If the artwork specified in the order cannot be delivered either temporarily or at all, we shall inform you of this without delay. If we are unable to deliver the ordered artwork through no fault of our own, due to the fact that our contractual partners (e.g. Photo labs, transport companies) fail to fulfill their obligations, we shall be entitled to cancel your order. Your legal rights shall remain unaffected here.
7.3 In cases where delivery is not possible due to reasons that lie within your sphere, you shall be subject to the additional costs of a renewed delivery.
7.4 You are obliged to check the delivered artwork for damages without delay after receipt, and to inform us of anything you discover immediately. Damages that have obviously been caused by transportation must be shown to the forwarding company upon delivery.
7.5 The risk of accidental loss or damage shall be transferred to you upon receipt of the artwork.
8. Right of revocation by the consumer, instructions on revocation
If you are consumer as per Article 13 of the German Civil Code (BGB) and the sale is not being made either for commercial or individual professional purposes, you shall be entitled to the following right of revocation within the scope of a distance-selling transaction, provided this is not excluded in Sec. 8.3:
8.1 Right of revocation:
You may revoke your contractual declaration in writing (by letter, fax, e-mail, for example) within 14 days without giving any reason, or by returning to the goods should they have been delivered to you within this period. This term will commence upon receipt of this information in writing, but not before delivery of the goods with the recipient (in the case of repeated delivery not before receipt of the first delivery load) or the information requirements pursuant to Article 246 Sec. 2 in conjunction with Sec. 1 (1) and (2) of the EGBGB [Introductory Act to the German Civil Code], as well as our obligations pursuant to Sec. 312e Para. 1 Sentence 1 of the BGB in conjunction with Article 246 Sec. 3 of the EGBGB have been fulfilled. In order to observe the revocation period, it is sufficient if you send your revocation in time.
THE REVOCATION IS TO BE ADDRESSED TO:
Retrolux UG (haftungsbeschränkt)
Borsteler Chaussee 9
or by e-mail to: email@example.com
8.2 Consequences of revocation
In the case of an effective revocation, the mutually received benefits are to be returned and if so derived profits (e.g. interest) are to be returned. In case you are unable to reimburse us either in total or partially for services received, you are required to offer a compensation of equal value. This shall not apply if the deterioration is only due to examination of the merchandise, such as would be possible when buying something in an actual shop. Moreover, you can avoid having to pay compensation for any deterioration of the goods caused by the intended use, by not acting as owner of the goods and by avoiding anything that can lead to a deteriorated condition.
Items that can be sent as a parcel are returned at our risk. If the merchandise delivered is in conformity with what was ordered and if the price of the items returned does not exceed 40 euros or, in the event that the price of the item is higher, you have not yet paid for the goods or made a contractually agreed part payment at the time of revocation, you shall have to bear the regular costs of return. In all other cases you can return items free of charge. Items that cannot be sent by parcel post shall be collected.
Obligations for the reimbursement of payments must be fulfilled within 30 days. For you, this period begins on the day you send your revocation or the goods and for us, it begins upon receipt.
End of the instructions on revocation.
8.3 Exemption to the right of revocation
Excluded from the right of revocation are, for example, goods, and artworks in particular, which
– are specially produced in accordance with client wishes or
– have clearly been tailored to the personal needs of the client, or
– are unsuitable for return consignment due to their natural condition.
A right to revocation shall not apply, for example, for:
– Labour-intensive special and one-off productions.
– Unframed and unmounted photos and prints as their delicate condition makes them unsuitable for return consignment.
– Images with frames if the image cannot be separated from the frame without damage occurring.
8.4 Special notes
Regarding the verification of ownerships and the functioning of the artwork, we strongly recommend care and caution in order to avoid any claim for compensation against you. We would like to draw your attention to the fact that e.g. scratches, marks and fractures alone adverse impact on value commensurate with the artwork being a total write-off.
In the exercising of your right to revocation, you are obliged to ensure that packaging is done in a proper manner for the safe and secure transportation of art when sending back the artwork you have ordered. The artworks should therefore, for their protection, be sent back as far as possible in the original shipping packaging using all protective materials, sealed to a professional standard, or packaged to the same standard. Please therefore enquire as to the necessary packaging specifications for the return consignment beforehand by sending an e-mail to firstname.lastname@example.org.
8.4 Agreement for the coverage of costs
If you are entitled to a right to revocation and you available of this right, you must carry the regular costs of the return consignment, if the goods delivered are the same as the goods ordered, and if the price of the goods to be returned does not exceed 40 EUR, or if you have not yet made a return payment or a contractually agreed part-payment should the price of the goods be higher at the time of the revocation.
9. No concession of rights of usage
With the purchase of an artwork, the client shall only acquire physical ownership of the reproduced object itself. No other rights of usage shall be granted. All manner of reproduction, dissemination, letting, public exhibition, public access or other analogue or digital utilization – without prior approval from the artist – is not permitted. You are however entitled to sell the artwork, subject to the resale right as per Article 26 of the German Copyright Act (UrhG) and other possible legal limitations.
We have licensed all packaging that are incurred to you within the scope of our contractual relationship with you as an end consumer as per the German Packaging Ordinance.
11. Warranty, liability limitations
11.1 We shall be liable for shortcomings with regard to legal stipulations, should liability not be excluded or limited in accordance with this GTC. Any transfer of such claims shall be excluded.
11.2 Possible minor variations in color between images of the artwork and the delivered artwork itself are based on technical reasons. In addition, we hereby refer you to the fact that the colors and impression quality may be subject to changes due to environmental factors. These variations and changes shall not constitute any form of damage or shortcoming.
11.3 Unless otherwise agreed, the legal warranty term of 24 months from the date of delivery shall apply in the case of shortcomings.
11.4 You are obliged to permit us to verify a faulty or damaged artwork.
You have the choice of availing of the warranty by means of subsequent fulfillment (subsequent improvement or replacement), revocation of the contract or reduction of the purchase price. Once you have opted for one of these warranty rights, you must first set us a suitable term to fulfill this right, provided this is not dispensable for legal reasons. We are nevertheless entitled to reject the manner of subsequent fulfillment selected by you if it is only possible with disproportionate costs or the subsequent fulfillment is impossible for us.
11.5 There shall be no warranty obligation for damages that occur as a result of normal usage, improper handling and incorrect maintenance. We shall not carry any liability or costs for the return consignment of goods justifiably objected to, or for a new delivery.
11.6 Claims for compensation shall be excluded. Exceptions here are compensation claims arising from fatalities, physical injuries or damage to health, or the breach of major contractual obligations, and liability for other damages arising from a deliberate or grossly negligent breach of contract on our part. Major contractual obligations are those whose fulfillment is required to achieve the objective of the contract. In the case of breaches of major contractual obligations, we shall only be liable for contractually typical, foreseeable damage, if this has been caused simply by negligence, unless it is a case of compensations claims arising from a fatality, physical injury or damage to health. Neither shall we be liable for the continuous and uninterrupted availability of our platform. The above limitations also apply in favor of our legal representatives and vicarious agents, unless claims are made directly against them.
12. Data protection
12.1 We shall commit to treating your personal data in accordance with all the provisions specified by the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG), and shall be entitled to record, process and use all data concerning the contractual relationship with you, subject to adherence to this legislation.
13.1 If you are an entrepreneur and a contractual partner of Retrolux UG (haftungsbeschänkt), the following terms shall apply that vary from the stipulations stated above. An entrepreneur is any natural or legal person or joint partnership with legal capacity that is exercising a commercial or self-employed professional activity upon closure of the contract.
13.2 A right of revocation shall not exist upon closure of the contract.
13.3 You shall only be entitled to any kind of warranty rights if you have fulfilled all the inspection and complaint obligations as per Article 377 of the German Commercial Code (HGB) properly beforehand. The warranty term shall be 12 months after delivery of the ordered artwork. When availing of the warranty rights, you are entitled within the scope of legal stipulations to demand subsequent fulfillment in the form of a rectification to damage or shortcomings, or the delivery of faultless goods. We shall have the right to choose the type of subsequent fulfillment. Only once this subsequent fulfillment has failed are you entitled to reduce the purchase price or withdraw from the contract.
14. Severability clause
If individual terms of this contract are or become entirely or partially invalid or conflict with legal provisions, the rest of the contract shall remain unaffected. The contractual parties shall jointly replace the invalid term with a legally valid term that comes closest to the commercial purpose of the invalid term. The previous clause applies correspondingly to any loopholes in provisions.
15. Governing law / place of jurisdiction
German law shall apply insofar as it is legally possible, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Binding legal stipulations guaranteed by the state in which you have permanent residence shall remain unaffected.
If you do not have a general place of jurisdiction within the country or move your residence abroad after conclusion of the contract or your residence is unknown when a suit is brought, the headquarters of our company in Hamburg, Germany, shall determine the place of jurisdiction for all disputes.
Last updated: July 2016