Terms and Conditions
General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Warranty
- Liability
- Redemption of Campaign Vouchers
- Applicable Law
- Alternative Dispute Resolution
- Final Provisions
1) Scope of Application
1.1 These General Terms and Conditions (GTC) of Leon David Dammann, MLTPL, Eppendorfer Weg 187, 20253 Hamburg, Germany (Seller) apply to all contracts concluded between a consumer or a trader (Client) and the Seller for goods and services presented in the Seller's online shop. The Client’s own terms do not apply unless expressly agreed.
1.2 These GTC also apply to the delivery of vouchers unless stated otherwise.
1.3 A consumer is any natural person acting for purposes outside their trade or profession.
1.4 A trader is any natural or legal person or partnership acting in a commercial or professional capacity.
2) Conclusion of the Contract
2.1 Product listings in the online shop are not binding offers. They are invitations to the Client to submit a binding order.
2.2 The Client submits a binding offer via the online order form by placing items in the basket, completing checkout, and clicking the final confirmation button. The Client may also submit an offer by email or online contact form.
2.3 The Seller may accept the offer within five days by one of the following:
– sending a written order confirmation by email
– delivering the goods to the Client
– requesting payment after the order is placed
The contract is concluded when the first of these events occurs.
2.4 The Seller stores the contract text after conclusion and provides it to the Client in text form after the order. If the Client has a user account, order data can be accessed there.
2.5 The Client can identify and correct input errors during the ordering process before submitting the order.
2.6 Contract languages are German and English.
2.7 Order processing takes place by email. The Client must ensure the provided email address can receive emails from the Seller.
2.8 If the Seller’s order confirmation deviates from the Client’s order, the Client must notify the Seller immediately.
3) Right to Cancel
3.1 Consumers are entitled to a statutory right to cancel.
3.2 Detailed instructions on cancellation form part of these GTC and are provided separately on the website.
3.3 The right to cancel does not apply to consumers who are not nationals of a member state of the European Union and whose exclusive domicile and delivery address are outside the European Union at the time of conclusion of the contract.
3.4 Artwork-specific returns. If you exercise your right to cancel, you must return the artwork at your own expense, in the same condition and using the original packaging in which it was delivered. You are responsible for the artwork until it is received by the Seller. The Seller may choose to organize the return shipment; if so, the cost of this return will be charged to you. Once the artwork has been returned and its condition confirmed, the Seller will issue a refund. The Client is responsible for any loss in value caused by improper handling, insufficient packaging, or changes to the artwork’s condition after delivery. Any such loss in value will be deducted from the refund. If the artwork is returned in a significantly worsened condition, including creases, surface marks, or other damage, the reduction in value may equal the full purchase price.
4) Prices and Payment Conditions
4.1 Unless otherwise stated, all prices include the applicable VAT rate for the buyer’s EU member state, calculated in accordance with the EU One-Stop Shop (OSS) scheme. Shipping charges are displayed separately at checkout.
4.2 Margin scheme. Some artworks are sold under the margin taxation scheme. For these items VAT is included in the final price but cannot be shown separately on the invoice in accordance with §25a UStG. Margin-taxed items are not subject to the OSS VAT rules and not eligible for VAT deduction.
4.3 For deliveries to countries outside the European Union, additional costs may apply that are not the Seller’s responsibility and must be borne by the Client, for example bank transfer fees, exchange fees, import duties, and taxes. Such costs may also arise if payment is made from a non-EU country.
4.4 Payment methods are shown in the online shop. For bank transfer, payment is due immediately after contract conclusion.
4.5 Payment due date and default. The purchase price is due immediately upon conclusion of the contract. The Client is in default if payment has not been received within 7 days after the due date.
4.6 Import compliance. The Client must ensure the importability of the purchased artwork prior to purchase. If import is not possible due to local regulations, the Client bears all resulting risks and costs.
4.7 Payments via Stripe and Shopify Payments are processed by the respective providers. Additional terms from these providers may apply and will be communicated during checkout. Further information: stripe.com and shopify.com/payments.
5) Shipment and Delivery Conditions
5.1 Delivery is made to the delivery address specified by the Client during order processing. Delivery occurs only after the Seller has received full payment including shipping charges.
5.2 Estimated delivery times are as follows:
– European Union: approximately 14 days after receipt of payment
– Non-EU countries: approximately 21 days after receipt of payment
Delivery times may be extended due to export or import procedures, for example cultural-property controls, permits, or customs inspections. The Seller is not liable for delays caused by such procedures.
5.3 If the transport company returns the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This does not apply if the Client effectively exercises the right to cancel, if delivery cannot be made due to circumstances beyond the Client’s control, or if the Client was temporarily unable to receive the goods and the Seller did not give reasonable prior notice.
5.4 If the Client is a trader, shipping takes place at the Client’s risk. Any claims against the carrier or transport insurer are assigned to the Client.
5.5 Shipping damage. If significant damage is discovered upon delivery, the Client must retain all packaging as evidence and should contact the Seller immediately.
5.6 Self-collection is possible only if agreed. In such cases, no shipping charges apply.
5.7 Availability. If items are temporarily or permanently unavailable, the Seller will notify the Client without undue delay. If delivery is delayed by more than two weeks, either party may withdraw from the contract. Prepaid amounts will be refunded without undue delay.
6) Reservation of Proprietary Rights
6.1 The Seller retains title to the goods until full payment has been received.
6.2 Commission sales. Where goods are sold on consignment, title remains with the consignor until full payment. If the Client resells consigned goods before full payment, the Client assigns all claims from the resale to the Seller or, in the case of consignment, to the consignor.
6.3 Any transfer of goods subject to retention of title by way of pledge, security, or otherwise requires the Seller’s prior written consent.
7) Warranty
7.1 Statutory liability for defects applies unless otherwise provided below.
7.2 Visual representation. Minor deviations in color or appearance resulting from photography, lighting, or screen display do not constitute a defect.
7.3 For traders:
– The Seller may choose the type of subsequent performance.
– For new goods, the limitation period for claims for defects is one year from delivery.
– For used goods, rights and claims for defects are excluded unless otherwise agreed.
– The limitation period does not recommence if a replacement delivery is made.
7.4 For consumers, the limitation period for used goods may be reduced to one year if expressly and separately agreed before contract conclusion.
7.5 The above limitations do not apply to claims for damages or reimbursement of expenses by the Client, to defects fraudulently concealed, to goods used for a building that cause defectiveness, or to any statutory obligation to provide updates for digital elements.
7.6 Commercial duty to inspect. If the Client is a businessperson within the meaning of section 1 HGB, the Client must inspect the goods immediately upon delivery and notify any defects without undue delay pursuant to section 377 HGB. Failure to notify constitutes acceptance. Obvious defects must be reported within two weeks of delivery.
7.7 Consumers should notify the forwarding agent of obvious transport damage immediately and inform the Seller. Failure to do so does not affect statutory rights.
8) Liability
8.1 The Seller is liable without limitation for intent and gross negligence, for injury to life, body, or health, for guarantees, and under the German Product Liability Act.
8.2 In the event of a negligent breach of material contractual obligations, liability is limited to the foreseeable, typical damage. Material contractual obligations are those whose fulfillment enables proper performance of the contract and on which the Client may rely.
8.3 Otherwise, liability is excluded.
8.4 The above provisions also apply to the Seller’s legal representatives and vicarious agents.
9) Redemption of Campaign Vouchers
9.1 Campaign vouchers issued free of charge for a specific validity period can only be redeemed in the online shop and only within the indicated period.
9.2 Individual products may be excluded if stated in the voucher conditions.
9.3 Only one campaign voucher can be redeemed per order.
9.4 The goods value must at least equal the voucher amount. Any remaining credit is not refunded.
9.5 If the voucher value is insufficient, the Client may use other payment methods to pay the difference.
9.6 Voucher credit is not paid out in cash and does not bear interest.
9.7 If goods purchased with a campaign voucher are returned under the right to cancel, the voucher credit will not be refunded in cash.
9.8 Campaign vouchers are intended for the named recipient only and are non-transferable. The Seller may verify entitlement.
10) Applicable Law
10.1 German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply. For consumers, this choice of law applies only to the extent that mandatory protections of the consumer’s home country are not withdrawn.
10.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who are not nationals of an EU member state and whose sole place of residence and delivery address are outside the EU at the time of the contract.
11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board pursuant to section 36 VSBG.
12) Final Provisions
12.1 Severability. If any provision of these GTC is or becomes invalid, the validity of the remaining provisions is not affected.
12.2 Place of jurisdiction. For traders, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Hamburg, Germany. This also applies where the Client does not have a general place of jurisdiction in Germany, relocates residence outside Germany after the contract, or where residence is unknown at the time legal action is filed.
12.3 Privacy. For information on how we process personal data, see our Privacy Policy: https://mltpl.art/privacy-policy/
