Terms & Conditions
1 Scope
The following general terms and conditions apply to all orders placed via our online shop by consumers and traders.
Variations of the customer’s standard terms do not apply. All special arrangements outside the standard product offering must be submitted in written form.
The customer is required to provide details requested on the order form (name, address etc.), truthfully and as complete as possible; any damage or expense resulting from false or incorrect information provided by the customer becomes the sole responsibility of the customer.
2 Contract and Order
The purchase contract is concluded with bgs artMedia e.K..
Products presented by the bgs artMedia e.K. via the internet or other media do not constitute an order but are only a request for the customer to place such an order, which the bgs artMedia e.K. may in return accept or refuse without any justification. In any case, an order confirmation does not force the bgs artMedia e.K. to deliver the ordered products.
The customer is bound to the submitted order for a period of four weeks, this period starts on the day of order. From the day of the order, and until the expiration of the 4 weeks period, any order remains binding for a customer who, as a result, shall pay any outstanding invoice and accept any item(s) ordered.
The customers request may not be accepted by the bgs artMedia e.K.. The delivery of the ordered item(s) to the post office, parcel service or other delivery service representatives for delivery to the customer, is to be seen as the acceptance of the order by the bgs artMedia e.K..
The customers requests will only be accepted based on the price list and the terms and conditions that are valid on the day of ordering.
The products selling prices displayed on bgs artMedia e.K. are VAT inclusive but do not include packaging, shipping and delivery costs.
Each customer receives an order confirmation by email, such email being the only document that will be communicated to him to confirm the acceptance by the bgs artMedia e.K. of his order. Such document only mentions the information sent by the customer, and related to the order. General Terms and Conditions can be read, printed or downloaded from our website.
Payment
The following payment methods are available in our online shop. We reserve the right to limit the choice of payment methods available for an order depending on the order value, the terminal device being used or other objective criteria, such as whether you are a consumer or a trader.
Credit card: With the submission of the order, you are sending us your credit card details. After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and the invoice amount is charged to your card.
PayPal: During the ordering process, you will be forwarded to PayPal’s website. In order to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop, we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Pre-Payment / Bank Transfer: Once your order is registered in our database, you will receive an e-mail confirmation with all the necessary information for your payment. We will start producing your order once we receive the payment.
4 Delivery
Shipping and Delivery costs are indicated in the payment and delivery conditions and are also mentioned in the order form. All standard payment and delivery terms apply.
bgs artMedia e.K. will not indemnify any customer for a damage caused by a late delivery due to circumstances beyond its control or any other circumstances affecting the courier company chosen by the bgs artMedia e.K..
If the bgs artMedia e.K. for any reason cannot fulfill an order, no financial obligation arises for the bgs artMedia e.K.. Also, no right of recourse for the customer arises (except return of monies already paid).
The ordered goods will be packaged properly before being dispatched to the parcel service or post office. If your order should be damaged during transit, please inform us immediately.
The delivery of a product by the courier company is attempted on workdays only (Monday to Friday)
No shipments are made in any parcel drop off point.
5 Warranty and guarantees
Obvious errors in workmanship of our products are to be announced in writing within 14 days after receipt of the commodity. Complaints should be addressed to the bgs artMedia e.K. by email or by contact form. The bgs artMedia e.K. will make its best efforts to establish a contact within 24 hours after receipt of the complaint. On accepted complaints we reserve the right to rework up to three times. The bgs artMedia e.K. will make its best efforts to repair such damage or ultimately replace the incorrect or defective merchandise, without any additional costs to the customer. Should the customer withdraw the complaint the merchandise will be considered as accepted and delivered.
The bgs artMedia e.K. is not liable for insignificant deviations of the delivered product compared to product descriptions. Insignificant deviations such as slight variations in colour, size and the substrate texture are expected due to the technology applied. Such insignificant deviations do not entitle the customer to return merchandise. Appearance of products can vary compared to on screen appearance due to different graphic cards, monitors or browsers. With handpainted oil paintings we may not be able to avoid small deviations in details of the motive.
All images shown on the website are reduced in quality, resolution and colours. This is due to technical reasons and does not influence the actual quality of the reproduction or art prints. For prints, colours and materials, the warranty can only be assumed based on the average durability of the materials.
6 Returns and Cancellations
Right of revocation from this contract solely exists for standard products. Standard products are posters and art prints where sizes and materials are not changeable.
On Standard products, the bgs artMedia e.K. offers a 14-day return period for undamaged or unaltered merchandise. Each customer can cancel the contract on Standard products within two weeks without giving any reason by (a) informing bgs artMedia e.K. by mail, email, fax or the contact form on the web site and (b) by returning the product, unless the customer is acting as an agent or distributor for others. The two-week period begins with receipt of product. To qualify for the return the customer must send the cancellation and the product within the two-week period.
Products need to be shipped to the following address:
- Wenzel GmbH
- c/o bgs artMedia
- Klosterhofstr. 2
- 80331 München
- Germany
Returned products should be shipped in perfect condition and returned in the original packaging. On returns valued under 40 Euro (£35 or 45 Dollar) the customer is responsible for shipping charges if the ordered product matches the delivered product. Otherwise the return will be paid for by the bgs artMedia e.K..
Returns are not accepted on any customised products with changeable size, customised frames or handmade oil paintings, because these products are produced and assembled based on the customer's choices.
7 Property Rights
All products remain the property of the bgs artMedia e.K. until full payment has been received including all shipping charges.
A permission is required Customers are forbidden to copy, trade, sell, directly or through a third party, the products of the bgs artMedia e.K..
8 Copyright
All Images contained on this website are copyrighted property of their respective owners. All rights are reserved.
Duplication of our prints in any form is strictly prohibited. A permission is required for using our art prints in TV productions or other public releases.
9 Online dispute resolution
The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/.
To participate in a dispute settlement procedure before a consumer dispute resolution body we are not committed and not ready.
10 Territoriality
If the customer is a professional merchant according to the German legislation, the place of execution and jurisdiction is the city of Hamburg, Germany.
The UN Convention on Contracts for the International Sale of Goods applies to any other situation.