Terms of Service – MOPHO101 – The limited Edition Gallery
Terms and Conditions
Our Terms and Conditions aim at establishing binding and fair conditions for the business relationship between you, the purchaser, and us. The basis of an order and a contract is therefore always the following Standard Terms & Conditions of MOPHO101-Galerie, owner Roman Harcsztrak, Große Weinmeisterstraße 12, D-14469 Potsdam which you acknowledge and confirm whenever order a work.
§ 1 Scope
For the business relationship between MOPHO101-Galerie and the purchaser, the following Standard Terms & Conditions apply exclusively in the relevant version at the time the order is placed. Differing conditions of the purchaser are not recognized by MOPHO101-Galerie unless MOPHO101-Galerie has expressly approved their validity in writing.
§ 2 Conclusion of contract
Your order represents an offer to us to conclude a sales contract. When you place an order with MOPHO101-Galerie, we send you an e-mail that confirms your order with us and provides order details (order confirmation). This order confirmation does not represent an acceptance of your offer. It is instead intended only to inform you that your order has arrived with us. A sales contract only comes about when we send you the ordered product. You will receive an e-mail confirming shipment about this too. For works from the same order that are not itemized in the shipping documents, no sales contract is established. Please note that we sell all products only in the stated print run.
§ 3 Cancellation, returns
Once the goods have been delivered, keep the packaging and check whether the goods have reached you complete and undamaged. You may only make a complaint about transport damage if you have kept the packaging. If you have received a damaged or incomplete item, please contact us immediately by e-mail at email@example.com . You may revoke your declaration to conclude a sales contract made online within 2 weeks of receiving the goods (e.g., letter, fax, e-mail) or by returning the goods to us without providing any reason. If within the permitted cancellation period, the timely mailing of a cancellation or return of an item is sufficient. Cancellations should be sent to MOPHO101 c/o Roman Harcsztrak, Große Weinmeisterstraße 12, D-14469 Potsdam or firstname.lastname@example.org . However, photographs with a different frame from the proposed color are special designs, and therefore excluded from the right of cancellation. In the case of a valid cancellation, services received by both sides are to be refunded. If you are unable or only partly able to return a delivered item or are only able to do so in a deteriorated condition, you may have to provide us with compensation. This does not apply if the deterioration of the goods can be ascribed exclusively to its examination – as would be possible for you in a shop. In other respects, you can avoid a replacement value requirement by not putting an item to use as its owner and refraining from doing anything that would affect the value of the goods. With lamination and frames, this includes in particular scratches, stains, fractures and defective corners – all of which equate to a total loss. Items should be returned in the original special packaging they were delivered in, using all protective materials for protection. If you are a private individual in Germany, delivery takes place at our risk, otherwise at your risk. Please call us beforehand and we will send you a return slip, which you must then fill in completely. If a delivery is wrong and the order was placed by a private individual in Germany, costs of €10.00 or higher will be paid by MOPHO101-Galerie, otherwise you are responsible for costs.
Excluded from the right of cancellation are: special designs and custom-made items such as the variation “Matt Lambda print with shadow gap frames” (e.g. in black) and the variation „Gloss Lambda print sealed on aluminum support plate”. This frame version will be specially manufactured for the customer at his / her request. This is a one-off production in which the work of art is inseparably joined to the frame as a Lambda print.
§ 4 Delivery
Unless otherwise agreed, delivery takes place within 21 working days from the order to the address of the purchaser or to a delivery address provided by the purchaser. Information about delivery times is non-binding, unless as an exception, the delivery date has been confirmed as binding. Once the goods have been delivered, keep the packaging and check whether the goods have reached you complete and undamaged. You may only make a complaint about transport damage if you have kept the packaging. If you have received a damaged or incomplete item, please contact us immediately by telephone or e-mail at email@example.com .
§ 5 Signature stickers
Each of our pictures is available in a limited-edition print run marked with a sticker with details of the edition. For organizational reasons, MOPHO 101 will send the sticker with the parameters of the work of art separately from the work of art without this affecting the cancelation period (§ 3 of the Standard Terms and Conditions). Should the customer make use of his / her right of cancellation, he / she is obliged to send back the unused sticker immediately to MOPHO 101. No refund of the purchase price will be made without our receipt of the unused sticker, so that it is advisable to send this back by certified mail. By using the signature sticker on the work of art, the frame or at a different place, the purchaser shall take the work into his / her possession as an owner, so that his / her right of cancelation (§ 3 of the Standard Terms and Conditions) shall expire at this time.
§ 6 Due date and payment, default
The purchaser shall pay the purchase price incl. shipping by credit card or direct debit prior to delivery (advance payment). Purchase upon receipt of invoice may be granted for business customers in a particular case after being assessed by MOPHO101-Galerie. In case the purchaser’s account does not have sufficient funds or the purchaser unjustifiably objects to the direct debit, MOPHO101-Galerie may charge the purchaser a processing fee in the amount of € 12.50. If the purchaser is in default of payment, MOPHO101-Galerie will be entitled to claim default interest in the amount of 6% above the respective ECB base rate p.a. each time and a lump sum of € 7.50 for each payment reminder with the exception of the first payment reminder. If MOPHO101-Galerie can prove that it has incurred higher default damage, MOPHO101-Galerie will be entitled to assert this. In the above cases, the purchaser may furnish proof that MOPHO101-Galerie has not incurred damage at all or however that this is less than the above-mentioned lump sums.
§ 7 Shipping costs
The delivery costs within Europe and to countries outside of Europe are shown in the price selection on the web page for ordering the goods.
§ 8 Offsetting, retention
The purchaser is only entitled to offset, if his / her counterclaim is established by declaratory judgment or recognized by Wasserzeichen Gallery. In addition, exercise of a right of offset is authorized only insofar as the counterclaim is based on the same contractual relations.
§ 9 Reservation of title
The delivered goods remain the property of MOPHO101-Galerie until full and final payment has been received.
§ 10 Liability
MOPHO101-Galerie is liable only if MOPHO101-Galerie or one of its vicarious agents violates a material contractual obligation (cardinal obligation) in a manner that endangers the contractual purpose, or the damage is a result of gross negligence or intent on the part of Wasserzeichen Galerie or one of its vicarious agents. Provided this does not take place as a result of gross negligence or intent, the liability of Wasserzeichen Galerie is limited to damage that was reasonably foreseeable at the time of contract conclusion. This shall not affect liability for warranted characteristics, physical injury as well as due to mandatory legal guidelines, especially under the product liability law [Produkthaftungsgesetz].
§ 11 Warranty, appropriate handling
It is generally regarded as known that all photographs and prints may change their appearance and coloration, or fade, depending on environmental influences. MOPHO101-Galerie provides no warranty for this unalterable process of change. Otherwise, the legal warranty period is 1 year and begins with transfer of the goods. During this time, all defects that are subject to the legal warranty period will be remedied free of charge. Excluded from the warranty are damages that are a result of natural deterioration, improper usage, or due to insufficient or improper care or storage. Photo prints, laminations, and frames, posters, canvas prints, postcards and calendars should not be exposed fully or partially to direct sunlight, nor hung directly above heaters, and not exposed to a higher than normal room humidity. Photo prints, laminations, and frames are therefore not appropriate for outdoors, cellars, bathrooms, or kitchens. Laminations with a UV protection layer or acrylic glass as well as wooden frames are extremely sensitive to scratches and stains, and should therefore only be handled using gloves or comparable protection, and only cleaned with a soft dry duster.
§ 12 No concession of rights, exhibitions
With the purchase of a photographic print, you acquire ownership of the physical work only. No other rights of use of any kind are granted. Any reproduction, distribution, rental, public availability, or other analog or digital utilization is prohibited. However, you may resell the print privately. The public exhibition of acquired works of art shall require the approval of the artist concerned in each individual case.
§ 13 Collection, processing and usage of personal data
Data and information that we receive from you help us to customize your shopping experience at MOPHO101-Galerie and implement continuous improvements. We use this information for processing orders, delivering merchandise, and providing services as well as for payment processing (with purchase on account, also for required verifications). We also use your information to communicate with you about orders, products, marketing offers, as well as to update our datasets, and to maintain and manage your customer accounts with us as well as to display shopping cart contents and – with your approval – to recommend products or services that may be of interest to you. We also use your information to improve our offerings, prevent or uncover misuse of our website, or to enable third parties to provide technical, logistical, or other services contracted by us.
§ 14 Applicable law
German law applies to the exclusion of Uniform Law on the International Sale of Goods (CISG).
§ 15 Severability clause
Should individual provisions of these Standard Terms and Conditions be or become invalid or impracticable in full or in part, this shall not affect the validity of the remaining provisions. The parties to the contract shall instead undertake in such a case to replace the invalid or impracticable provision with a valid or practicable provision which corresponds as closely as possible to the economic provisions of the contract.
Thank you for your attention!