Picanova GmbH, Hohenzollernring 25, 50672 Köln/Cologne, Germany (hereinafter referred to as “FineArtOne” or “we”) and the Purchaser are the contractors under the following terms and conditions.
For the business connection between FineArtOne and the buyer, the subsequent terms and conditions are valid in their composure from the moment of the order. FineArtOne doesn´t accept deviant conditions of the buyer, unless FineArtOne has accepted an assertive written application earlier.
Conclusion of Contract
Our offerings in FineArtOne are non-binding.
By placing an order in FineArtOne, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process.
All listed prices are retail prices inclusive of the legal value added tax, which is valid in each case without costs of packaging and dispatch. All offered promotions and special offer prices only apply to retail customers. Commercial customers are excluded from these actions. Costs for packaging and dispatch (forwarding expenses) are charged according to our installation separately. All listed prices, also for packaging and dispatch, count only at the time of the order. With updates on the Internet pages of FineArtOne all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive in each case.
The customer can choose the Payment method (PayPal, Amazon Payments or Credit Card) at the time of order. Costs that are incurred due to insufficient funds or faulty provided bank data, especially the costs of back charge and other miscellaneous costs are to be reimbursed by the customer. If the purchaser in arrears, FineArtOne has the right to demand arrears charges of 5% above the announced base interest rate per year by the European Central Bank and miscellaneous bank processing fees. In the event a proven higher arrear damage caused by delay has occurred, FineArtOne has the right, to assert claim to said damage. The customer bears the costs of payment, particularly transferred from abroad.
Terms of Delivery
The delivery is done by sending the purchased items to the customer to the address provided. After receipt of payment your order will be prepared for shipment within 48 hours. Delivery time will be 2-4 working days. Each delivery is subject to the provision that FineArtOne timely and properly supplied. The reservation of delivery to the contractor applies on condition that we have concluded a corresponding cover transaction on time and/or we are not responsible for delayed delivery on the part of our suppliers.
If a product ordered by the customer is found to be unavailable, FineArtOne will notify the customer immediately about the unavailability and the order will be cancelled while refunding the payment at the same time. FineArtOne is entitled to make partial deliveries where a partial delivery is reasonable for the Customer and does not significantly impair the Customer’s interests. Delayed deliveries of FineArtOne do not entitle the buyer to compensation claims, unless FineArtOne is of negligence or intent to load. Further claims remain reserved for the customer. Delays in delivery based on the grounds that FineArtOne is not responsible for (force majeure, fault of others, etc.), the deadline will be extended and the customer shall be informed immediately. If prolonged, the causes of delays longer than four weeks after the conclusion of the contract that each party is entitled to withdraw from the contract. If the customer is not encountered at home upon the delivery of the package, and the package is not picked up from the post office within 7 days by the customer or the customer refuses the acceptance of the package, FineArtOne has the right to cancel the order and cancel the contract. Forwarding charges include packing and shipping for each picture.
Shipment, Insurance and Passing of Risk
Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
If the supplementary performance has been carried by means of additional supply, the purchaser is obliged to return the original items within 30 days on account of FineArtOne. Return consignment of faulty goods has to be fulfilled according to statutory provisions. FineArtOne reserves the right for claiming compensation according to legal matters.
The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
Inadequacy of quality will not be an issue as long as the delivered quality is corresponding to technical standards of digital Photo development and editing. A specific characteristic of deliverables is not agreed. Warranty does not apply if the purchaser is found to be with fallacies and claims regulated by law.
With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
In case of intent or gross negligence on our part or by our agents or assistants in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage.
Our liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.
Any liability not expressly provided for above shall be disclaimed.
Retention of title
The products ordered remain the property of FineArtOne until payment is completed. No resale, leasing, pledging, transfer of title for security purposes, conversion, other disposition or transformation is permissible before conveyance of title without the explicit consent of FineArtOne.
FineArtOne may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
FineArtOne shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check, subject, however, to the Customer’s consent in each individual case. We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
FineArtOne shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section.
Prohibition of offset, rights to withhold
The customer is not entitled to offset claims of FineArtOne for payment with his own claims, unless the claims of the customer are established beyond dispute or are of legal force. The customer is not entitled to oppose claims of FineArtOne for payment with rights to withhold – even for notification of deficiencies – unless they result from the same contractual relationship.
Choice of forum clause
Customer hereby agrees that Cologne is to be determined as the exclusive forum for all legal and contractual disputes resulting directly or indirectly from the contractual relationship if the purchaser is a legal entity formed under German law as tradesman, German Commercial Code. Cologne is also the exclusive forum for any disputes resulting directly or indirectly from the contractual relationship if the customer is determined not to be subject to personal jurisdiction in Federal Republic of Germany. Furthermore, Cologne is determined to be the exclusive forum for any disputes if a customer moves his principal place of residence, outside of the Federal Republic of Germany or his principal place of residence is determined to be unknown at the point of commencing legal action.
In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
Any contracts entered into between FineArtOne and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of law’s provisions.