General terms and conditions for the purchase of artworks via https://mltpl.art
Eppendorfer Weg 187
– hereafter named “MLTPL” –
this platform’s users, as mentioned in § 2 of these general terms and conditions and hereafter named “customer/customers”.
§ 1 Scope
Any and all contractual relationships between MLTPL and its customers are exclusively subject to these general terms and conditions, in its valid version at the moment of the order. Diverging terms and conditions of the customers shall not be applicable, unless MLTPL has explicitly agreed to their applicability in writing.
§ 2 Conclusion of contract
(1) As a general rule, items are purchased using a shopping cart system. The customer can choose items listed by MLTPL and collect them via the button “Add to cart” in the so-called shopping cart. The customer submits his binding purchase order by clicking the button “Buy Now”. Items listed by MLTPL shall not be deemed to be an offer for sale but only an invitation to customers to submit a purchase order.
(2) MLTPL accepts the customer’s proposal for the conclusion of the contract by sending him a purchase confirmation including the customer’s order. The customer is obliged to inform MLTPL about potential deviations between the purchase confirmation and the initial purchase order immediately. The customer’s order represents the offer for the conclusion of contract regarding the items collected in the shopping cart. MLTPL’s purchase confirmation represents the acceptance of the customer’s purchase order.
§ 3 Statutory Right of Withdrawal
If you are a consumer as defined by the German Commercial Code (§13 BGB), hence acting for purposes which are outside of your trade, business, craft or profession, you are entitled to the following statutory right of withdrawal:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (MLTPL, Leon Dammann, Eppendorfer Weg 187, 20253 Hamburg, Germany, Email: firstname.lastname@example.org, Telephone: 0179 – 6728 384) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. The cost is estimated at approximately the same amount as the shipping fees initially charged by us.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions on withdrawal
Model withdrawal form (If you like to revoke this contract, complete and return this form)
To MLTPL, Leon Dammann, Eppendorfer Weg, 20253 Hamburg oder per E-Mail an email@example.com:
– I/We [*] hereby give notice that I/We [*] withdraw from my/our [*] contract of sale of the following goods [*],
– Ordered on [*]/received on [*],
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
§ 4 Shipping and Availability of Goods
(1) MLTPL only ships items, once the ordered items plus applicable additional costs and fees payable by the customer have been paid for in full (receipt of payment). The delivery period shall be 14 days after receipt of payment in the case of deliveries within the EU, and 21 days for deliveries to countries outside the EU. Delivery periods can be postponed, especially in case of goods which are related to the protection of cultural assets, because of official requirements for the ex- and import (for example export and import licenses). MLTPL shall not be liable for delays based on aforementioned circumstances. It is at the expense of the customer, if a successful delivery to the customer is not possible due to import regulations. This means that the customer has to ensure before the conclusion of a purchase agreement with MLTPL that import regulations do not interfere a successful delivery.
(2) If the purchaser is a trader, i.e. a natural or legal person, who is acting for purposes relating to his trade, business, craft or profession, shipping will take place at its own risk; for consumers, the statutory provisions shall apply. In case of a damage, any claims against the shipping company or the transport insurer are passed over by MLTPL to the trader.
(3) In the event that items ordered by the customer are temporarily or permanently not available, MLTPL shall notify the customer without undue delay. Should the delivery of ordered items be delayed by more than two weeks, the customer has the right to withdraw from his contract. In this case, MLTPL is also entitled to withdraw from the contract, as long as payments already made by the customer will be paid back by MLTPL without undue delay.
(4) If, immediately upon receipt of the item, it should be discovered that the item has suffered severe damage during shipping, the customer shall retain the packaging as evidence, since otherwise proving that the damage occurred during transit is considerably more difficult for MLTPL or may even be impossible. Please contact MLTPL immediately in such a case.
§ 5 Terms of payment and retention of title
(1) The purchase price for the items purchased is to be paid in advance. The customer must pay the purchase price immediately upon conclusion of contract (§ 2). Payment on delivery is excluded.
(2) A customer shall enter into payment default if he has not rendered payment within 7 days after the payment due date and conclusion of contract; the relevant date is the date that MLTPL receives the payment into its account.
(3) The items shall remain the property of MLTPL or in case of a commission sale of the respective owner, until they are paid for in full. The items will not be shipped until payment has been received in full (receipt of payment).
(4) In the event that a customer sells items, offered for sale by MLTPL, that are subject to a retention of title, the retention of title has to be transferred accordingly. If the customer sells the item before he has settled all amounts payable to MLTPL, the customer hereby assigns all claims arising from such re-sale to MLTPL or in case of a commission sale of the respective owner.
(5) Should third parties take hold of items offered for sale by MLTPL, which are subject to a retention of title, the customer has to notify MLTPL thereof without undue delay.
(6) Any transfer of items being subject to a retention of title by way of pledge, security or otherwise shall only be permitted after the prior written approval of MLTPL.
§ 6 Prices and shipping costs
(1) All sales prices displayed on MLTPL’s website include German statutory value-added tax (VAT) and a contribution to the resale royalty right (if applicable). MLTPL charges additionally to the aforementioned sales price the transport costs (including VAT).
(2) Please note that most items offered by MLTPL are subject to “taxation on the margin” scheme pursuant to Section 25a German Value-Added Tax Act (UStG). “Taxation on the margin” is a special type of tax treatment provided by law for commerce in used merchandise. In this case, the amount of VAT will not be separately itemized on the invoice. Thus the contained statutory VAT is not stated.
(3) For deliveries outside the European Union (export deliveries to a Non-EU Country from a tax perspective), it is at the expense of a customer, if a successful delivery to the customer is not possible due to import regulations. This means that the customer has to ensure before the conclusion of a purchase agreement with MLTPL that import regulations do not interfere a successful delivery. Customers will be responsible for paying tax and customs duties on the delivered goods in accordance with local regulations in the destination country.
§ 7 Warranty and liability
(1) Unless stipulated otherwise in the following, MLTPL is held liable in line with the statutory provisions.
(2) Deviations between an item’s actual shade of color and the one shown on the product page, insofar as they result from the photographic techniques used (e.g. lighting and/or sharpness of the image) or from the manner in which the item is pictured on the product page, will be deemed immaterial and will not represent a defect. This will not apply, however, if the deviation in color is due to negligence on the part of MLTPL.
(3) If the customer is a trader in the sense of the German Comercial Code (§§ 1 et. seqq), he must examine the goods immediately on collection or, in the event of sending, immediately after delivery and, if a defect is detected, he must report this to MLTPL immediately. If the customer fails to do so, the goods are regarded as accepted, unless the defect is such that it could not have been recognized during the examination (section § 377 of HGB [German Commercial Code]). If such a defect is found later, it must be reported immediately after its discovery; otherwise the goods are regarded as accepted, even as regards this defect (section § 377, paragraph 3 of HGB). Warranty for obvious defects, i.e. defects that are recognized upon inspection even by an average customer, is excluded should the customer fail to notify MLTPL in writing within two weeks after their delivery.
(4) The limitation period for material defects is one year with respect to contracts about used items and contracts with traders.
(5) Regarding compensation claims of the customer, the following shall apply: MLTPL will be liable for the violation of material contractual obligations the fulfillment of which make the proper implementation of the contract and whose observance the customer may regularly rely on (cardinal obligation). In the event of a slightly negligent violation of a cardinal obligation, MLTPL’s liability for damages shall be limited to the damage typically foreseeable at the time of entering into the agreement. MLTPL will also be liable for damages resulting from injury to life, body or health, and in case of guarantees and willful deceit. Apart from that, MLTPL’s liability for slightly negligent violations of duty is excluded.
(6) A breach of duty on the part of MLTPL is equivalent to such breach of duty on the part of its legal representatives or agents. In case the liability of MLTPL is excluded, the same applies to its legal representatives or agents.
(7) The provisions of the German law on product liability (ProdHaftG) shall not be affected hereby.
§ 8 Final provisions
(1) MLTPL hereby informs its customers in accordance with § 36 of the German Consumer Protection Act (VSBG) that it doesn’t participate in dispute settlement proceedings before a consumer arbitration board.
(2) Contracts concluded between MLTPL and the customer shall be governed by the law of the German Federal Republic under exclusion of the UN Sales Convention and the provisions of international private law. If the customer is a consumer in compliance with the German Civil Code (§ 13 BGB), this shall not restrict the application of mandatory provisions of the law of the country in which the consumer has his habitual place of residence.
(3) Insofar as the customer is a merchant as defined by the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising within the scope of the contractual relationship between the customer and MLTPL is Hamburg, Germany. This shall also apply for a customer who is no merchant, if he has no general place of jurisdiction within the Federal Republic of Germany, or changes his general place of jurisdiction or place of residence to a place outside of the Federal Republic of Germany after conclusion of contract or his place of residence is not known by the time a complaint is filed.
(4) For information on MLTPL’s handling of customer data, please view https://mltpl.art/data-protection/.
(5) If a provision of these Terms and Conditions is or becomes fully or partially invalid, the validity of the remaining provisions shall not be affected thereby.