General Terms and Conditions
General Terms and Conditions (AGB) for YOURARTBEAT Market, ndi-berlin GmbH / AGB
Some hints in advance:
For printing, for example, we use sophisticated techniques such as Giclée, which are suitable for museums and which are designed for very long durability. Nevertheless, we would like to point out the following in advance: works of art, photographs and prints are always influenced by environmental influences; improper storage or hanging can change the appearance and colour.
Works of art, laminations and frames should never be exposed to direct sunlight; hanging and storage in the immediate vicinity of the heating system or in rooms with very high humidity (e.g. bathroom, kitchen, cellar, outdoor space) endanger your permanent enjoyment of art. Protective films, acrylic glass and frames should be protected from scratches and stains (e.g. by the use of gloves).
The contractual partner and user of these GTC is ndi-berlin GmbH,
Hauptstr. 20, 10827 Berlin, Germany
Phone: +49. 30. 57 70 72 600
Fax: +49. 30. 57 70 72 609
Our terms and conditions have the aim of regulating the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following general terms and conditions of ndi-berlin GmbH, which you acknowledge and confirm by placing an order with us. You can view the terms and conditions here.
1 Area of application
For the business relationship between ndi-berlin GmbH, Berlin, acting under the brand YOURARTBEAT Market (hereinafter referred to as YOURARTBEAT Market), and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. YOURARTBEAT Market does not recognize any deviating conditions of the customer, unless YOURARTBEAT Market has expressly agreed to their validity in writing.
2 Conclusion of contract
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. The products selected by you via the button "Add to shopping cart" will be summarized once again in an order overview at the end of the order process. Here you can check all the information provided during the ordering process and add or correct it using the "Change" button. By clicking the button "Buy now" you send your order data and declare bindingly to YOURARTBEAT Market that you want to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order.
Immediately after sending the order, you will receive an order and contract confirmation by e-mail, in which the details of your order are listed.
The text of your order is stored by us and can be sent to you on request after completion of your order. YOURARTBEAT Market recommends that you print out the order data and the general terms and conditions valid at the time of the order for your own safety. The contract languages are German and English.
Please note that we only sell all products in standard household quantities.
We would like to point out that for works with a presentation of your choice (e.g. special format, special material, lightbox, chosen under " ") there is no right of withdrawal, as the works created are individually produced according to your specifications. For individual products a right of revocation according to § 312 g Abs. 2 Nr. 1 BGB is excluded.
You have the right of revocation for all online orders of ready-made works (in the presentation provided by YOURARTBEAT Market):
Legal right of revocation & sample revocation form
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took possession of the goods, if you have ordered one or more goods within the framework of a single order and the goods are or will be delivered in a complete delivery.
To exercise your right of revocation, you must contact us, ndi-berlin GmbH, Hauptstrasse 20, 10827 Berlin, Germany, Phone: +49. 30. 57 70 72 600 Fax: +49. 30. 57 70 72 609, e-mail: info(at)ndi-berlin.de by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You can use the attached withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the right of revocation right before the expiry of the revocation period.
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a different type of delivery than the cheaper standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your cancellation of this Agreement.
We will use the same means of payment for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods or until you can prove that you have returned the goods, whatever the earlier date.
You must return the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
We bear the costs of returning the goods for orders from Germany, the EU and Switzerland.
You bear the direct costs of returning the goods for orders from all other countries. As a rule, the goods cannot be returned by normal mail. Please contact customer service for further information: info(at)ndi-berlin.de
You shall only be liable for any loss in value of the goods if such loss in value is due to improper handling of the goods.
YOURARTBEAT Market Cancellation Form
Download cancellation form
Unless otherwise agreed, delivery will be made ex warehouse to your address or to the delivery address specified by you. The delivery time within Germany is approx. 6 working days and abroad approx. 8 days.
5 Edition certificate with signature
For organizational reasons YOURARTBEAT Market can send the edition certificate with the artist's signature and the details of the edition separately to the customer - even with a time delay. In this case, the revocation period begins only after receipt of the edition certificate with signature. If you make use of your right of revocation, you must also return the unused Editions Certificate immediately. Without the receipt of the edition certificate, the purchase price will not be refunded. The right of revocation expires with the use of the edition certificate on the work of art, the frame, the lamination or elsewhere.
6 Prices, due date and payment, default
The prices quoted in the online shop are final prices including VAT. The shipping costs are not included in the price of the order and will be added to it in each case. Information about shipping costs can be found in § 7 of these General Terms and Conditions.
You can find our current payment options and the conditions for using them at https://www.ndi-berlin.de/faq/payment.
In the event that the customer's account does not have sufficient funds or the customer files an unjustified objection against direct debit, YOURARTBEAT can ask for a processing fee of EUR 5.00 from the customer.
If you are in default of payment, YOURARTBEAT Market is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the European Central Bank to consumers and 9 percentage points above the base interest rate p.a. announced by the European Central Bank to entrepreneurs. In addition, YOURARTBEAT Market can ask for a flat rate of € 2.50 per reminder with the exception of the first reminder. If YOURARTBEAT Market has demonstrably incurred a higher damage caused by default, YOURARTBEAT Market is entitled to assert this.
In the above cases, you can prove that YOURARTBEAT Market has not suffered any damage whatsoever or that the damage is lower than the above-mentioned flat rates.
7 Shipping costs
YOURARTBEAT Market charges the following shipping costs for deliveries within Germany:
Please select the desired country in your online order, the shipping costs will be displayed accordingly.
8 Set-off, retention
You are only entitled to a right of set-off if your counterclaims have been legally established or recognised by YOURARTBEAT Market. You are also entitled to set-off if you give notice of defects or assert counterclaims from the same purchase contract. Furthermore, you are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
9 Retention of title
The delivered goods remain the property of YOURARTBEAT Market until full and final payment.
YOURARTBEAT Market is unlimitedly liable for damages within the scope of the legal regulations
- from injury to life, body or health based on an intentional or negligent breach of duty or otherwise on intentional or negligent conduct by YOURARTBEAT MARKET or one of its legal representatives or subcontractors;
- based on an intentional or gravely negligent breach of duty or otherwise on intentional or gravely negligent behaviour of the provider or one of his legal representatives or vicarious agents.
- YOURARTBEAT Market is liable, limited to compensation for the foreseeable damage typical of the contract, for such damages which are based on a slightly negligent violation of essential obligations by YOURARTBEAT Market or one of its legal representatives or subcontractors. Essential obligations are obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may rely.
- The above provisions also apply mutatis mutandis to the liability of YOURARTBEAT MARKET with regard to the reimbursement of futile expenses.
- Liability under the Product Liability Act remains unaffected.
The statutory warranty rights shall apply, unless expressly agreed otherwise.
A warranty period of five years applies. This begins with the delivery of the goods. During this period, all defects that are subject to the statutory warranty obligation will be remedied free of charge.
If you as customer are an entrepreneur according to § 14 BGB, your claims for defects require that you have complied with your statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect is discovered during the inspection or later, this must be reported to us immediately in writing. The notification is deemed to be immediate if it is made within two weeks, whereby the timely dispatch of the notification suffices to meet the deadline. Irrespective of this obligation to examine and give notice of defects, you must notify us in writing of obvious defects (including wrong and short delivery) within two weeks of delivery, whereby here too the timely dispatch of the notification suffices to meet the deadline. If you fail to carry out a proper examination and/or report a defect, we shall not be liable for the defect not reported.
12 No granting of rights
With the purchase of a print or photographic print, you only acquire ownership in rem of the printed product or print. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making publicly available or other analogue or digital exploitation is not permitted, unless this is permitted by law. However, you can resell the print.
13 Collection, processing and use of personal data
All regulations for the protection of your data can be found under data protection.
Information on online dispute settling pursuant to Art. 14 para. 1 ODR Regulation and §§ 36 f. VSBG:
The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.
Status: July 2018