General Terms and Conditions of Business

(The following General Terms and Conditions also contain statutory information on your rights in electronic business transactions as well as mandatory information for consumers)

§ 1 Definitions

§ 2 Scope of the GTC for entrepreneurs

§ 3 Retention of title

§ 4 Warranty

§ 5 Damage in transit

§ 6 Applicable law

§ 7 Place of Jurisdiction

§ 8 Consumer Information and Information in Electronic Commerce

1. contract language

2. conclusion of the contract and technical steps leading to the conclusion of the contract

3. correction of input errors before sending the order

4. storage of the text of the contract

5. details regarding payment

6. details regarding delivery

7. prices and shipping costs

8. customs and import fees for deliveries to third countries (e.g. Switzerland, USA)

9. information on warranty conditions and guarantees

10. right of withdrawal for consumers

11. essential characteristics of the goods or services

12. identity and address for service of the seller

13. online dispute resolution (ODR platform)

14. dispute resolution under the Consumer Dispute Resolution Act (VSBG)

§ 1 Definitions

(1) Insofar as special rights and obligations are agreed in these GTC only for consumers pursuant to § 13 BGB or only for entrepreneurs pursuant to § 14 BGB, the following definitions shall apply:

(2) A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed activity.

(3) An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Scope of the GTC for entrepreneurs

(1) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these GTC shall apply exclusively. The Buyer’s GTC shall only apply to the extent that the Seller has expressly agreed to them in writing prior to the respective conclusion of the contract.

(2) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.

§ 3 Retention of title

The goods ordered shall remain the property of the Seller until payment has been made in full. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.

§ 4 Warranty

(1) If the Buyer is a consumer within the meaning of § 13 BGB (see § 1 para. 2 of the General Terms and Conditions), he shall be entitled to the statutory warranty rights. The warranty period shall be 24 months from delivery of the goods to the Buyer.

(2) If the buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), the warranty period for new items is one year from delivery of the item. No warranty shall be assumed for used items vis-à-vis an entrepreneur. Claims for damages are excluded from this. These shall be governed by the statutory provisions.

(3) If the buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), he shall only be entitled to warranty claims due to existing transport damage if he has fulfilled his obligation to inspect and notify the goods in accordance with § 5 para. 4 of these GTC.

§ 5 Damage in transit

(1) If the buyer is a consumer (see § 1 para. 2 of the GTC), we ask that goods with obvious damage to the packaging or contents be claimed from the freight service or that acceptance be refused. In this case, we also ask the buyer to contact us immediately by e-mail, fax or post.

(2) In the event of the discovery of hidden defects, we also request immediate notification.

(3) A shortening of the warranty rights, rights of revocation and limitation periods is not associated with the above provisions.

(4) If the buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) (see § 1 para. 3 of the General Terms and Conditions), he must inspect the goods for transport damage immediately upon receipt. The seller must be notified immediately in writing of any ascertainable transport damage. The buyer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods. If such a defect is discovered later, the notification must be made immediately after discovery.

§ 6 Applicable law

All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of laws provisions. With respect to consumers (see § 1 para. 2 of the GTC), this choice of law shall therefore only apply to the extent that mandatory provisions of the law of the country in which the consumer has his habitual residence do not conflict with the provisions of these GTC. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

§ 7 Place of jurisdiction

For disputes arising from or in connection with the delivery of the goods and/or these GTC, the courts at the Seller’s registered office shall have exclusive jurisdiction if the Customer is a merchant or if the Customer is a legal entity under public law or a special fund under public law or if the Customer does not have a permanent place of residence in Germany, if the Customer has moved its place of residence or habitual abode abroad after these GTC have become effective or if the Customer’s place of residence or habitual abode is unknown at the time the action is brought.

§ 8 Consumer information and information in electronic commerce

1. contract language

The contract language is German. These General Terms and Conditions are only offered in German.

2 Conclusion of the contract and technical steps leading to the conclusion of the contract

a) The product presentations in the online shop are not binding offers by the seller, but merely represent an invitation by the seller to the buyer to make a purchase offer to the seller himself.

b) If the buyer places a product in the shopping basket, he/she goes through an order process in the seller’s online shop before submitting a binding offer. Here, the buyer must select his billing and delivery address, his desired payment method and the shipping method. Only by sending the online order by clicking the binding order button “order subject to payment” does the Buyer submit a binding offer for the ordered goods at the price stated in the order overview.

c) If the Buyer selects “Prepayment” as the payment method in the order process, the Buyer’s offer is accepted at the time of confirmation of the payment instruction to the bank. With the confirmation of the payment instruction by the buyer to his bank, the contract with the seller comes into effect.

d) If the Buyer selects “Paypal” as the payment method in the order process, the Buyer’s offer is accepted at the time of confirmation of the payment instruction to PayPal. With the confirmation of the payment instruction to PayPal by the buyer, the contract with the seller comes into effect.

e) If the Buyer selects “credit card” as the method of payment in the order process, the Buyer’s offer shall be accepted at the time the credit card is charged, which shall take place immediately after the Buyer has sent the credit card data. The contract with the seller comes into effect when the credit card is charged.

f) The buyer may also request a non-binding offer from the seller by telephone, fax or e-mail. In this case, the Seller shall send the Buyer a binding offer including the required obligatory information within 7 working days after the request by telephone or the sending of the request by fax/email or letter, whereby the receipt of the offer by the Buyer is decisive for the observance of the deadline. The Buyer may then accept the Seller’s offer within 7 working days of receipt of the offer, again by telephone, fax, e-mail or letter, whereby it is sufficient for compliance with the time limit that the Buyer sends the fax, e-mail or letter within the time limit or accepts the Seller’s offer by telephone to the Seller within the time limit. If the Buyer does not accept the Seller’s offer by telephone within the aforementioned period or does not send his declaration of acceptance by e-mail, fax or letter within the period, the Seller’s offer shall be deemed to have been rejected and the contract shall not be concluded. In this case, the Seller shall also no longer be bound by his offer.

3. correction of input errors before sending the order

You can check your order on a separate page before the final dispatch. You can then correct input errors by clicking on the “Back” button of your Internet browser on the previous page or via a corresponding correction function of the Internet shop in the order process.

4. storage of the contract text

The order data, the general terms and conditions and the cancellation policy are sent to the buyer in text form by e-mail with the seller’s order confirmation. In addition, the text of the contract will be stored on the Seller’s internal systems and sent to the Buyer again by e-mail upon request.

5 Details regarding payment

a) Payment of the purchase price shall be made by means of the payment options offered in the order process.

b) Payment by instalments requires prior agreement with the Seller.

c) In the event of default in payment, the Seller shall be entitled to withdraw from the contract after expiry of a reasonable period for performance.

6. details regarding delivery

a) Unless otherwise agreed prior to the conclusion of the contract, delivery of the goods shall generally be made by sending the goods to the address provided by the Buyer within Germany or to the countries that can be selected during the ordering process. Deliveries to other countries are excluded.

b) The maximum delivery periods as well as any existing delivery restrictions can be found under a correspondingly marked link of our Internet shop.

c) Due to circumstances for which the seller is not responsible, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will inform the buyer of this immediately. The rights of the buyer remain unaffected by this, in particular the buyer is entitled to withdraw from the contract after setting a reasonable period of grace.

d) If delivery is impossible for reasons for which the seller is not responsible, the claim to delivery is excluded. In the event that performance is impossible, the Seller undertakes to inform the Buyer immediately of the impediments to performance and to reimburse any payments already made without delay.

e) Irrespective of any transport insurance, the Seller shall bear the risk of loss of or damage to the goods in transit, provided the Buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1 (2) of the GTC).

f) The seller is free to choose the transport company.

7 Prices and shipping costs

a) The prices stated in the respective offers include the statutory value added tax as well as other price components (total price) plus the separately stated shipping costs. In the case of deliveries to countries outside the European Union (third countries), further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country (see the following section 8 of these General Terms and Conditions).

b) If the sold item is subject to differential taxation (used goods), the sales prices include the sales tax to be paid by the seller in accordance with § 25 a UStG (Value Added Tax Act) and plus the shipping costs shown separately. In the case of differential taxation, the VAT cannot be shown. 8.

8. customs and import fees for deliveries to countries outside the EU

We would like to point out that in the case of deliveries to countries outside the European Union (third countries) further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country. These further customs duties or taxes are to be borne by the buyer. The Seller has no control over these charges and cannot predict the amount as customs regulations vary considerably from country to country. In the case of delivery to a third country, we recommend that the buyer enquire about possible customs charges or local taxes at the customs office responsible for the third country.

9. information on warranty conditions and guarantees

a) Information about the warranty conditions can be found in § 4 of the GTC.

b) If the seller grants an additional voluntary warranty, the buyer’s statutory warranty rights are not limited thereby. Rather, the guarantee applies in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required for its assertion vis-à-vis the Seller can be found in the respective guarantee statement.

10 Right of withdrawal for consumers

If you conclude a legal transaction for a purpose that can predominantly be attributed neither to your commercial nor to your independent professional activity (consumer in the sense of § 13 BGB), you are generally entitled to a right of revocation. The details of the right of cancellation can be found in the separate cancellation policy of the seller. 11.

11. essential characteristics of the goods or services

The essential characteristics of the goods or services can be found in the Seller’s offers.

12. identity and address of the seller

Our identity as well as our summonable address are:

Jörg Heitsch Gallery

Reichenbach Street 14

80469 Munich

Germany

13. online dispute resolution (OS platform)

The EU Commission provides an online platform for dispute resolution (ODR platform) with online merchants. The ODR platform is intended to serve for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. This ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr/

14. dispute resolution according to the Consumer Dispute Resolution Act (VSBG)

We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status of these GTC: 01.02.2019