Terms & Conditions
§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of Jens Mennicke, Wilhelm-Mauser-Str. 49b, 50827 Cologne (hereafter “seller”), concerning the online shop www.studiomennicke.com and all domain subdomains. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) Jurisdiction is Cologne, as far as the customer is a merchant or a legal entity under public law or public law special fund. The same applies if a customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.
(5) We ship to the following countries: worldwide.
(6) Customers have the opportunity to use an alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information on online dispute resolution and serves as the single point of contact for out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.
§ 2 Contract contents and contract conclusion
(1) The seller offers customers in the online shop www.studiomennicke.com new goods, especially art prints, editions, for sale.
(2) When purchasing in the online shop, a purchase contract is concluded by the acceptance of the customer’s order by the seller. Price awards in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) The contract text is saved. He is not accessible to the customer.
§ 3 Prices, shipping costs, sales tax and payment
(1) For orders via the online shop, the prices stated there apply. All prices include the legal VAT.
(2) The prices are plus shipping and packaging costs, which will be announced to the customer before placing the order.
(3) The delivery of the customer by the seller is made according to the customer’s request against the following payment methods: Prepayment (by bank transfer, by PayPal,.
If the customer chooses advance payment by bank transfer, payment is due no later than calendar days after conclusion of the contract.
For delivery on account, payment is due no later than calendar days after invoicing.
(4) If a customer defaults on its payment obligations, the seller may claim damages in accordance with the statutory provisions and/or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is given to him on delivery of the goods or otherwise received in text form.
§ 4 Delivery and transfer of risk
(1) Unless agreed otherwise, the ordered goods will be delivered to the address specified by the customer. Delivery will be made from the Seller’s warehouse.
(2) The availability of each item is indicated in the item descriptions. Unless otherwise expressly agreed, the seller will ship the goods existing in stock within 14 working days of the statement of payment (in the case of prepayment by bank transfer: within 14 working days after receipt of payment). If the goods are marked as out of stock when sold via the online shop, the seller will endeavor to ensure the fastest possible delivery. Information provided by the seller on the delivery date is not binding unless the delivery date has been agreed to by the seller as an exception.
(4) The seller reserves the right to dissolve the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is completely or partially omitted. This self-supply reservation only applies if the seller is not responsible for the failure to deliver. The seller is not responsible for the absence of the service, as far as a so-called congruent hedging transaction for the fulfillment of the contractual obligations was concluded in time with the supplier. If the goods are not delivered, the seller will inform the customer immediately about this fact and refund an already paid purchase price and shipping costs.
The risk of accidental loss and accidental deterioration of the goods passes to the transfer to the customer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the shipper, the carrier or the person designated to carry out the consignment upon delivery of the goods.
§ 5 Retention of title
The delivered goods remain the property of the seller until all claims under the contract have been fulfilled. in the event that the customer is a legal person of public law, a public special estate or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond the current business relationship until the settlement of all claims related to the seller to be entitled to the contract.
§ 6 Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal defects
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.
(2) Damage caused by improper actions of the customer during installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller.
Instructions for proper treatment, the customer can refer to the manufacturer’s descriptions.
(3) Defects must be notified by the customer within a warranty period of two years for new items and one year for used items to the seller.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has accepted a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages of the customer, which are directed to compensation for body or health damage due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault of the seller or his agents.
The abovementioned foreshortenings do not apply to defects in a structure or thing that has been used for a structure in accordance with its normal use and has caused its defectiveness. The abovementioned shortening shall also not apply if the seller fraudulently concealed a defect or provided a guarantee for the condition of the goods, and not for claims for damages of the customer directed to compensation for damage to body or health due to a defect for which the seller is responsible or based on intentional or grossly negligent fault of the seller or his vicarious agents.
(4) If there are defects and these were claimed in time, the seller is entitled to subsequent performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
§ 8 Information requirements for transport damages
If goods are delivered with obvious damage to the packaging or the contents, the customer shall immediately claim this without prejudice to its warranty rights (§ 7) to the freight forwarder/freight service and immediately by e-mail or otherwise (fax/mail) with the seller Make contact so that he can protect any rights against the carrier/freight service.
§ 9 Disclaimer
(1) Outside the liability for material and legal defects, the seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence. He is also liable for the slightly negligent violation of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (duties whose fulfillment makes the proper execution of the contract in the first place and whose compliance the customer regularly trusts), but only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of duties other than those listed above.
(2) The limitations of liability of the preceding paragraph shall not apply in the event of injury to life, body or health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of the seller is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.