Our conditions of unse
Artistic photographic works, presented in high-quality, attractive frames and produced by first-class photo laboratories as well as unique, very individual art books are the main pillars of our project. But because our offer is of course also about business (for everyone involved), we cannot avoid giving these businesses a uniform contractual basis. This is served by the rules presented below, which we have between you and us
shop.berndart.com
Gugitzgasse 15 / 1 / 6
A-1190 Wien
Tel.: 0049-172 830 22 64
E-Mail: shop@berndart.com
agree binding.
Our general terms and conditions aim to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following general terms and conditions of BERNDART, the acknowledgment and inclusion of which you acknowledge and confirm with an order or when you log into your customer account with us. You can view the terms and conditions here and print them out if necessary.
For the business relationship between BERNDART and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. BERDART does not recognize deviating conditions of the customer unless BERNDART has expressly agreed to their validity in writing.
In advance, we would also like to point out the following: The papers, dyes, chemicals and other materials used in our starting materials and manufacturing processes, like other dyes, can change slightly over time, sometimes even from one production batch to the next. Changes occur in the course of time due to high temperatures, high humidity - or their strong fluctuation - as well as solar radiation. So that you can enjoy our products permanently, you should not expose photographs, laminations and frames either in whole or in part to direct sunlight, do not hang directly over heaters and do not expose them to humidity that exceeds the level of normal living rooms. Photographs, laminations and frames are therefore not suitable for outdoor areas, basements, bathrooms and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains and should therefore only be touched with gloves or comparable protection.
GENERAL RULES
1. Who can order?
We ask for your understanding that only natural persons, legal persons or partnerships with unlimited legal capacity can register with us for an order. Minors in particular may not register with us. We must ask you to provide the data requested by us when registering completely and correctly, e.g. First and last name, current address (no post office box) and telephone number (no value-added service number), a valid e-mail address and, if applicable, your tax number (s) and information on VAT. We are entitled, however, not obliged to check the information provided for correctness. If you register for a legal person, this registration may only be carried out by an authorized natural person who must be named. If the data provided changes after registration, you are obliged to correct the information in your account immediately. You choose a user name (your email address) and a password when you register. The user name must not violate the rights of third parties - in particular name or trademark rights - it must not be misleading and must not violate common decency or the law. We are free to define formal requirements and restrictions for new usernames or to reject usernames - even afterwards.
2. What services do we provide?
We carry out the following services: We have physical prints with framing or lamination, e.g. from our presented and selected picture motifs, provided by highly qualified service providers in Germany that have received multiple awards for their quality, e.g. for your own use or for resale, create attractive picture strips, photo tableaus, photo canvases and artistic photo books.
3. How do orders at BERNDART work?
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. The products you selected using the "Add to shopping cart" button are summarized in an order overview at the end of the ordering process. Here you should check all the information provided during the ordering process and add or correct it using the "Change" button. By clicking on the "Buy Now" button, you submit your order details and make a binding declaration to BERNDART that you want to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order. Immediately after submitting the order, you will receive an order and contract confirmation by email, in which the details of your order are listed again.
The text of your order is saved by us and can be sent to you on request after your order has been completed. For your security, WhiteWall recommends that you print out the order details and the general terms and conditions that apply at the time the order is placed. This does not affect the consumer's right to receive the information specified in Section 4 (1) FAGG on a durable medium within a reasonable period of time after the conclusion of the contract. German is available as the contract language.
4. Right of withdrawal
In the event that you are a consumer, i.e. the purchase for purposes can largely not be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions:
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you took possession of the goods.
To exercise your right of withdrawal, you must contact us shop.berndart.com Gugitzgasse 15/1/6, A-1190 Vienna Telephone: +49 (172) 8302264 E-mail address: shop@berndart.com inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
If you cancel this contract, we have to reimburse all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. We bear the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
4.1. The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
4.2. Please avoid damage and contamination. Please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use an estimative outer packaging.
4.3 Please call us at [+491728302264] before returning to announce the return. In this way you enable us to assign the products as quickly as possible.
4.4 Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
4.5 If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and please contact us as soon as possible.
4.6 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
SAMPLE CANCELLATION FORM
If you want to cancel the contract, please fill out this form and send it back.
On:
berndart.shop z.H. Mr. Bernhard Kämmer Gugitzgasse 15/1/6, 1090 Vienna, Austria Telephone: +49 (172) 8302264 E-mail address: shop@berndart.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
- date
(*) Delete where inapplicable.
5. When and how is the ordered work delivered?
5.1 The delivery time is approx. 6 working days from the order date.
5.2 Unless otherwise agreed, delivery is made from the warehouse to the delivery address you specified.
5.3 If possible, everything will be delivered in one shipment.
5.4 Please note that express delivery is not possible. If taxes, duties or fees are incurred when shipping to countries outside the EU, you will bear these.
6. What are the shipping costs?
The shipping costs are included in the price of the order and are not added.
7. Prices
7.1 The prices stated in the online shop are final prices including sales tax.
7.2 We are entitled at any time to change the price list for future orders without separate notification.
8. How is the payment made?
8.1 Payment methods: Our currently offered payment options and the conditions of their use can be found under Payment methods.
8.2 Maturity: The purchase price is to be paid in advance when paying via Klarna, credit card or PayPal.
8.3 In the case of a PayPal payment, you will be automatically redirected to the PayPal payment service after completing the order process. The payment process is then based on PayPal's provisions.
9. Retention of title
The works performed remain the property of BERNDART until full payment of the purchase price and all associated costs and expenses.
10. What duties of cooperation and responsibilities do you have as a customer?
10.1 The content stored on the BERNDART website may not be copied or distributed, nor used or reproduced in any other way without the prior consent of the rights holder, unless this is permitted by law or is necessary for accessing the website. This also applies to copying using "robot / crawler" search engine technologies or other automatic mechanisms.
10.2 You must treat any password you have chosen or provided by us to use our services with your customer account as confidential and protect it against misuse. You are responsible for damage resulting from improper use of your customer account and / or your password, unless you have carefully stored your access data. You must keep your password secret and carefully secure access to your account. You are obliged to inform us immediately if there are indications that your account has been misused by third parties.
11. What can I do with the purchased work?
11.1 Please note that with the purchase of a work with content from our world of images, you only acquire real ownership of it. No other usage rights are granted. Any reproduction (duplication), distribution, rental, public access or other analogue or digital utilization are not permitted, unless this is permitted by law.
11.2 You may resell the work as you wish.
12. What guarantee are our services subject to?
We are liable for defects according to the applicable legal regulations. The warranty period for items delivered by us is 5 years. There is an additional guarantee for the goods delivered by us only if this has been expressly given in the order confirmation for the respective article.
13. What should you do if you as an entrepreneur want to object to our performance?
13.1 If you are an entrepreneur according to § 1 UGB, your claims for defects require that you have complied with your statutory inspection and notification obligations (§§ 377 ff. UGB). If there is a defect during the inspection or later, we must be notified immediately in writing. The notification is deemed to be immediate if it is made within two weeks, with the timely sending of the notification being sufficient to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you must report obvious defects (including incorrect and short delivery) in writing within two weeks of delivery, whereby the timely sending of the notification is sufficient to meet the deadline. If you miss the proper inspection and / or notification of defects, our liability for the undisclosed defect is excluded.
13.2 Defects in part of the delivered goods do not entitle you as an entrepreneur to complain about the entire delivery, unless a partial delivery is without legitimate interest for you.
14. How do we stick?
14.1 All orders are carried out with the greatest care according to the latest state of the art in photochemical or digital and electronic technologies. Should damage nevertheless occur, the contractor is only liable for himself and his service providers for willful or grossly negligent actions and only up to the amount of the material value. Further claims are excluded.
14.2 Please note that the dyes contained in the photographic materials can change over time and under the influence of light, heat, moisture and chemicals! Such changes do not entitle to any replacement claims from whatever title.
14.3 Likewise, errors that arise as a result of misleading, inaccurate or incomplete information when placing the order do not entitle to compensation claims.
15. What happens to my personal data?
All information on this can be found in our data protection declaration ("Privacy and data protection")
16. How long do the terms and conditions apply?
Only these terms and conditions apply in the version valid at the time of the order. We do not recognize any deviating conditions from you unless we have expressly agreed to their validity in writing.
17. Which law and place of jurisdiction apply to this contract?
17.1 The terms and conditions are subject to the substantive law of Austria to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. However, this does not apply to mandatory consumer protection legislation.
17.2 Vienna is the exclusive place of jurisdiction for all disputes arising from these general terms and conditions.
As of May 2020
shop.berndart.com
Gugitzgasse 15 / 1 / 6
A-1190 Wien
Tel.: 0049-172 830 22 64
E-Mail: shop@berndart.com
agree binding.
Our general terms and conditions aim to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following general terms and conditions of BERNDART, the acknowledgment and inclusion of which you acknowledge and confirm with an order or when you log into your customer account with us. You can view the terms and conditions here and print them out if necessary.
For the business relationship between BERNDART and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. BERDART does not recognize deviating conditions of the customer unless BERNDART has expressly agreed to their validity in writing.
In advance, we would also like to point out the following: The papers, dyes, chemicals and other materials used in our starting materials and manufacturing processes, like other dyes, can change slightly over time, sometimes even from one production batch to the next. Changes occur in the course of time due to high temperatures, high humidity - or their strong fluctuation - as well as solar radiation. So that you can enjoy our products permanently, you should not expose photographs, laminations and frames either in whole or in part to direct sunlight, do not hang directly over heaters and do not expose them to humidity that exceeds the level of normal living rooms. Photographs, laminations and frames are therefore not suitable for outdoor areas, basements, bathrooms and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains and should therefore only be touched with gloves or comparable protection.
GENERAL RULES
1. Who can order?
We ask for your understanding that only natural persons, legal persons or partnerships with unlimited legal capacity can register with us for an order. Minors in particular may not register with us. We must ask you to provide the data requested by us when registering completely and correctly, e.g. First and last name, current address (no post office box) and telephone number (no value-added service number), a valid e-mail address and, if applicable, your tax number (s) and information on VAT. We are entitled, however, not obliged to check the information provided for correctness. If you register for a legal person, this registration may only be carried out by an authorized natural person who must be named. If the data provided changes after registration, you are obliged to correct the information in your account immediately. You choose a user name (your email address) and a password when you register. The user name must not violate the rights of third parties - in particular name or trademark rights - it must not be misleading and must not violate common decency or the law. We are free to define formal requirements and restrictions for new usernames or to reject usernames - even afterwards.
2. What services do we provide?
We carry out the following services: We have physical prints with framing or lamination, e.g. from our presented and selected picture motifs, provided by highly qualified service providers in Germany that have received multiple awards for their quality, e.g. for your own use or for resale, create attractive picture strips, photo tableaus, photo canvases and artistic photo books.
3. How do orders at BERNDART work?
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. The products you selected using the "Add to shopping cart" button are summarized in an order overview at the end of the ordering process. Here you should check all the information provided during the ordering process and add or correct it using the "Change" button. By clicking on the "Buy Now" button, you submit your order details and make a binding declaration to BERNDART that you want to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order. Immediately after submitting the order, you will receive an order and contract confirmation by email, in which the details of your order are listed again.
The text of your order is saved by us and can be sent to you on request after your order has been completed. For your security, WhiteWall recommends that you print out the order details and the general terms and conditions that apply at the time the order is placed. This does not affect the consumer's right to receive the information specified in Section 4 (1) FAGG on a durable medium within a reasonable period of time after the conclusion of the contract. German is available as the contract language.
4. Right of withdrawal
In the event that you are a consumer, i.e. the purchase for purposes can largely not be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions:
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you took possession of the goods.
To exercise your right of withdrawal, you must contact us shop.berndart.com Gugitzgasse 15/1/6, A-1190 Vienna Telephone: +49 (172) 8302264 E-mail address: shop@berndart.com inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
If you cancel this contract, we have to reimburse all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. We bear the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
4.1. The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
4.2. Please avoid damage and contamination. Please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use an estimative outer packaging.
4.3 Please call us at [+491728302264] before returning to announce the return. In this way you enable us to assign the products as quickly as possible.
4.4 Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
4.5 If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and please contact us as soon as possible.
4.6 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
SAMPLE CANCELLATION FORM
If you want to cancel the contract, please fill out this form and send it back.
On:
berndart.shop z.H. Mr. Bernhard Kämmer Gugitzgasse 15/1/6, 1090 Vienna, Austria Telephone: +49 (172) 8302264 E-mail address: shop@berndart.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
- date
(*) Delete where inapplicable.
5. When and how is the ordered work delivered?
5.1 The delivery time is approx. 6 working days from the order date.
5.2 Unless otherwise agreed, delivery is made from the warehouse to the delivery address you specified.
5.3 If possible, everything will be delivered in one shipment.
5.4 Please note that express delivery is not possible. If taxes, duties or fees are incurred when shipping to countries outside the EU, you will bear these.
6. What are the shipping costs?
The shipping costs are included in the price of the order and are not added.
7. Prices
7.1 The prices stated in the online shop are final prices including sales tax.
7.2 We are entitled at any time to change the price list for future orders without separate notification.
8. How is the payment made?
8.1 Payment methods: Our currently offered payment options and the conditions of their use can be found under Payment methods.
8.2 Maturity: The purchase price is to be paid in advance when paying via Klarna, credit card or PayPal.
8.3 In the case of a PayPal payment, you will be automatically redirected to the PayPal payment service after completing the order process. The payment process is then based on PayPal's provisions.
9. Retention of title
The works performed remain the property of BERNDART until full payment of the purchase price and all associated costs and expenses.
10. What duties of cooperation and responsibilities do you have as a customer?
10.1 The content stored on the BERNDART website may not be copied or distributed, nor used or reproduced in any other way without the prior consent of the rights holder, unless this is permitted by law or is necessary for accessing the website. This also applies to copying using "robot / crawler" search engine technologies or other automatic mechanisms.
10.2 You must treat any password you have chosen or provided by us to use our services with your customer account as confidential and protect it against misuse. You are responsible for damage resulting from improper use of your customer account and / or your password, unless you have carefully stored your access data. You must keep your password secret and carefully secure access to your account. You are obliged to inform us immediately if there are indications that your account has been misused by third parties.
11. What can I do with the purchased work?
11.1 Please note that with the purchase of a work with content from our world of images, you only acquire real ownership of it. No other usage rights are granted. Any reproduction (duplication), distribution, rental, public access or other analogue or digital utilization are not permitted, unless this is permitted by law.
11.2 You may resell the work as you wish.
12. What guarantee are our services subject to?
We are liable for defects according to the applicable legal regulations. The warranty period for items delivered by us is 5 years. There is an additional guarantee for the goods delivered by us only if this has been expressly given in the order confirmation for the respective article.
13. What should you do if you as an entrepreneur want to object to our performance?
13.1 If you are an entrepreneur according to § 1 UGB, your claims for defects require that you have complied with your statutory inspection and notification obligations (§§ 377 ff. UGB). If there is a defect during the inspection or later, we must be notified immediately in writing. The notification is deemed to be immediate if it is made within two weeks, with the timely sending of the notification being sufficient to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you must report obvious defects (including incorrect and short delivery) in writing within two weeks of delivery, whereby the timely sending of the notification is sufficient to meet the deadline. If you miss the proper inspection and / or notification of defects, our liability for the undisclosed defect is excluded.
13.2 Defects in part of the delivered goods do not entitle you as an entrepreneur to complain about the entire delivery, unless a partial delivery is without legitimate interest for you.
14. How do we stick?
14.1 All orders are carried out with the greatest care according to the latest state of the art in photochemical or digital and electronic technologies. Should damage nevertheless occur, the contractor is only liable for himself and his service providers for willful or grossly negligent actions and only up to the amount of the material value. Further claims are excluded.
14.2 Please note that the dyes contained in the photographic materials can change over time and under the influence of light, heat, moisture and chemicals! Such changes do not entitle to any replacement claims from whatever title.
14.3 Likewise, errors that arise as a result of misleading, inaccurate or incomplete information when placing the order do not entitle to compensation claims.
15. What happens to my personal data?
All information on this can be found in our data protection declaration ("Privacy and data protection")
16. How long do the terms and conditions apply?
Only these terms and conditions apply in the version valid at the time of the order. We do not recognize any deviating conditions from you unless we have expressly agreed to their validity in writing.
17. Which law and place of jurisdiction apply to this contract?
17.1 The terms and conditions are subject to the substantive law of Austria to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. However, this does not apply to mandatory consumer protection legislation.
17.2 Vienna is the exclusive place of jurisdiction for all disputes arising from these general terms and conditions.
As of May 2020