General Terms and Conditions (GTC)

§ 1 Scope of application
These General Terms and Conditions (GTC) apply to the sale of goods and the provision of services by GALERIE HIMMEL in Dresden. The GTC are an integral part of all sales contracts without having to be expressly agreed upon again. Contradictory terms and conditions are only binding if they have been confirmed in writing by GALERIE HIMMEL.

§ 2 Purchase contract
By ordering goods or services offered by GALERIE HIMMEL, the buyer accepts these terms and conditions. With the confirmation of the order by GALERIE HIMMEL the contract of sale becomes legally binding for both parties. The purchase contract is concluded exclusively on the basis of these GTC.

§ 3 Payment & Default
The purchase price is due immediately upon dispatch of the order confirmation by advance payment. For payment by bank transfer, PayPal or credit card payment, a payment period of 7 days must be observed. Payment by cash or card payment upon collection must be made within 14 days after receipt of the order confirmation. If the buyer defaults on payment, GALERIE HIMMEL reserves the right to pursue the default with a lawyer and to sell the goods elsewhere, without the buyer being able to derive any claims for damages from this.

§ 4 Accessibility
The buyer is obliged to ensure his availability for messages via e-mail during the purchase process. During the agreed shipping time, the buyer must ensure the acceptance of the shipment from a shipping company chosen by GALERIE HIMMEL and notify any change in the delivery address in a timely manner. If the shipment cannot be delivered for reasons for which the buyer is responsible, or if the buyer cannot be found, the buyer shall bear the additional shipping costs incurred.

§ 5 Retention of title
The goods remain the property of GALERIE HIMMEL until full payment of the purchase price and, in the case of agreed shipping costs, the shipping costs.

§ 6 Warranty
The object of purchase is usually a used product, which is afflicted with traces of use according to its age. The illustration and description of the object of purchase made by GALERIE HIMMEL was made to the best of our knowledge and belief. It does not constitute a guarantee in the sense of § 443 BGB (German Civil Code), which is why any claims for damages that can be derived from it are excluded. GALERIE HIMMEL warrants to consumers - i.e. non-commercial buyers - that the object of purchase is free of defects at the time of delivery insofar as it essentially corresponds to the description and is suitable for normal use. The warranty towards commercial buyers remains excluded. The warranty begins with the receipt of the goods by the buyer and lasts for 1 year.

§ 7 Right of withdrawal
If the buyer is a consumer, we grant for 1 month right of withdrawal. Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Notes on the right of withdrawal are given in the direct context of the item description. After conclusion of the contract, the buyer will receive an order confirmation with instructions on the right of withdrawal and an enclosed sample withdrawal form.

§ 8 Return conditions
If the buyer makes use of his right of revocation, if the buyer complains about the goods or otherwise agrees with GALERIE HIMMEL on a return, the buyer has to guarantee the safe and damage-free delivery to GALERIE HIMMEL. In principle, the return shipment must be proven by the buyer. If the buyer is responsible for damage or destruction of the goods, he has to compensate the reduction in value or the total value.

§ 9 Complaint of transport damages
In the case of a parcel shipment, the buyer is obliged to refuse acceptance if clearly visible external damage to the packaging suggests that the goods inside are impaired. The respective shipping company must return the shipment to GALERIE HIMMEL for clarification of a possible claim for damages. - In case of a damaged letterbox shipment by mail, the buyer is obliged to keep the packaging as evidence and to agree with GALERIE HIMMEL on the further procedure.

§ 10 Complaint of the goods
In case of a justified complaint about the goods by the buyer, for example in case of a description or illustration that clearly deviates from the condition of the delivered goods, the buyer may assert a complaint. This cancels the purchase contract. GALERIE HIMMEL will refund the full purchase price to the buyer. The return conditions from § 8 remain binding.

§ 11 Alternative dispute resolution
According to the EU Regulation 524/2013 on Online Dispute Resolution in Consumer Matters, consumers have the option to settle disputes with entrepreneurs regarding online sales contracts out of court via an online platform of the EU Commission. This platform can be accessed via the following link: OS platform.

§ 12 Data protection
The processing and storage of data transmitted by the buyer to GALERIE HIMMEL (name, postal address, telephone number, email address) is carried out in accordance with the legal provisions of the EU's General Data Protection Regulation (DSGVO). The data storage is solely for the purpose of purchase processing. The buyer agrees to the data storage in the context of the purchase transaction. The buyer has the right to information about all stored data concerning him. The buyer can contact GALERIE HIMMEL by mail, e-mail, fax or telephone to have information about this data sent to him.
§ 13 Storage of contract text The text of the contract is not stored by GALERIE HIMMEL and cannot be retrieved by the buyer after the order process has been completed. The order data can be found in text form in the order confirmation, which can be printed out by e-mail upon receipt. GALERIE HIMMEL stores the buyer's order data and the item description. The buyer can contact GALERIE HIMMEL by mail, e-mail, fax or telephone to have a copy of the order data and/or the item description sent to him.
§ 14 Place of performance and jurisdiction
Place of performance is the registered office of the seller. Exclusive place of jurisdiction is the district court of the registered office of GALERIE HIMMEL.

§ 15 Severability clause
If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, the validity of the contract in its remaining provisions shall not be affected.