Terms and conditions
My African Painting (www.myAfricanPainting.de) is a market place for mostly African paintings: Owner Dr. Patrik Fischer, Frankfurt am Main - hereafter called the seller.
All sales, deliveries and services are subject to the following terms and conditions. Other conditions or third party (e.g. buyer's) conditions will not be acknowledged.
Agreements or individual agreements are only effective in writing.
2. Business purpose
The seller operates under the URL http://www.MyAfricanPainting.de (...com / ...eu), a marketplace for African paintings, extra large sized paintings and golf paintings. Hence the owner acts as the the vendor to hose people who buy or rent paintings or other products through this platform.
3. Offer and contract
Buyers can purchase the Artwork offered at My African Painting. Here the customer is obliged to give requested information truthfully and completely. Damages resulting from incorrect information provided by the customer, have to be replaced.
The acceptance of the Customer's order is acknowledged by dispatching the merchandise. All prices are inclusive of VAT. By accepting the order,our terms and conditions are applicable and are part of the contract. Within the order process the buyer expresses his explicit approval of these terms and conditions.
The seller can not guarantee that the offered paintings are always available on the website or with other media. If a delivery should not possible within short term, the seller will inform the customer about this at the earliest possible time. If for any reason the shipping cannot be performed and the customer has already paid for the painting or other products the appropriate amount will be refunded by the seller immediately.
The order is generally done in a single delivery. Partial deliveries are permitted and yet can not be rejected by the buyer.
The usual delivery time for items from our stock is four days or less. For orders outside Germany the the shipping may take longer. This delivery declaration is not binding. Damages for late delivery is excluded, unless it is a result of gross negligence.
The dispatch of the goods is at the risk of the recipient and is solely under proprietary rights.
The adherence to our delivery obligation presupposes the fulfillment of the obligation and/or obligations to cooperate for the client. If the buyer accepts the delivery the seller is entitled to the damages, including any additional expenses where applicable. Then the risk of accidental deterioration of the goods passes on to the buyer.
The usual delivery time is extended on a regular basis if it is a commissioned artwork and / or framing job.
Shipping-costs within Germany generally amounts to EUR 10 -. For the shipping-option cash on delivery additional costs arise which are borne by the buyer. At present, it is approximately EUR 7,00 within Germany.
Shipping costs for countries other than Germany are available upon request.
6. Transport damage
Please check the goods upon receipt for damage. If you come across any transport damages, please report them in writing within 14 days.
If any damage is discovered upon delivery, please report this immediately to the driver of the delivery company. He then must document the shipping damage and confirm in writing. If shipping damage is discovered later, please also contact the delivery company for further assistance and the assessment of damages, respectively.
7. Mode of Payment
Our deliveries are due and payable immediately upon receipt of invoice. Other agreements on the time for payment and discounts are required in writing. The offsetting of counterclaims is allowed only if acknowledged by us or legally established.
Currently, you have the option of using cash in advance, PayPal, and cash on delivery.
The buyer has the right to return a painting within 30 days, which is originally packaged and unused without giving a reason. The buyer can return individual paintings or the entire shipment.
In case a of any damage, i.e. complete or partial deterioration of the painting, the buyer is liable for the damages which ought to be paid to the seller.
The unrestricted right of returns is not valid for works which have been individually commissioned upon customer's request. This includes paintings that have been framed and stretched upon buyer's request.
If the customer fails to pay, interest will be calculated on the outstanding amount at a rate of five per cent above the base rate of the European Central Bank. The customer has so far reserved to prove that the seller suffered a lower or no damages. The seller explicitly reserves the right to assert further claims.
10. Defects and Warranty
Obvious defects must be claimed in writing within a period of 14 days. If the claim is justified we will then either replace the delivery/painting or refund the paid money.
The seller cannot be held responsible for minor deviations from the pictures displayed on the internet. As all paintings are unique artefacts any such small deviations are not the exception but the rule with exclusively hand-painted artwork. Such deviations in color tone generally do not entitle to to valid complains.
11. Rights of use
The reproduction, copying and printing of the website www.myAfricanPainting.de is forbidden. The same applies to all images of original artwork displayed therein. Copyright laws apply.
Purchase requests should be done online with the respective order forms provided by the seller.
Orders may be placed around the clock online. For this, the electronic shopping cart in our online shop is provided.
13. Cancellation and amendment of the order
Would you like to cancel your order, please submit this in writing within two days. Please check our confirmation, we can provide to you automatically by e-mail. Changes to the order may be made within 24 hours. After that period in time it is at the discretion of the seller to extend this period.
14. Legal basis
Any transaction initiated on www.myAfricanPainting.de is s governed by German law.
15. Retention of title
Goods remain in the ownership of the seller until full payment is received.
16. Data Protection
Laws of the German Federal Data Protection Act and the Teleservices Data Protection Act apply. More information about privacy.
17. Final provisions and Severability clause
If one of the above conditions becomes invalid, the validity of the remaining provisions of these terms and conditions remain unaffected. The invalid clause is to be replaced by others that are economical in their intention.
Place of jurisdiction, Frankfurt am Main, Germany.
Changes, printing and other errors reserved.