Terms and conditions
Owner: Maria Magdalena Schauer, Stettiner Straße 11, 83410 Laufen,
Phone: +49 (0) 8682 1471, www.rudis-kuenstlerwerkstatt.de, e-Mail: firstname.lastname@example.org
1. General 1.1
This is the homepage of the artist’s Marlene and Rudolf Schauer
company Rudi´s Künstlerwerkstatt. Goal of this page is the
presentation as well as the offering of the art - work of the artists
Rudolf and Marlene Schauer. The art - articles are located at the artist’s
studio, in galleries or at ongoing exhibitions.
All contractual arrangements between Rudi´s Künstlerwerkstatt
and their costumers exclusively underlie general trading conditions
of Rudi´s Künstlerwerkstatt. Different regulations are not
accepted, but writing confirmed contracts of Rudi´s Künstlerwerkstatt.
2. Contract conclusion 2.1
The offered products represented on this homepage or in other media
by Rudi´s Künstlerwerkstatt are not obligatory offered for
sale. However, a binding commission is a order by the customer. Rudi´s
Künstlerwerkstatt can accept the order by forwarding a confirmation
of the order or also by the fact, that the ordered product was delivered.
The order is possible by using the homepage - ordering - utility, Mail
(written), telephone - call or by e-Mail.
The customer is to tell the required data (name, address, etc...) truly
and completely. Otherwise the customer has to replace the developing
If there is a concluded contract with Rudi´s Künstlerwerkstatt
the customer is supposed to pay as soon as possible. If this isn’t
complied Rudi´s Künstlerwerkstatt will be entitle to assert
the arisen damage.
3. Prices, costs 3.1
Orders by the customers are only accepted by the recent prices and conditions.
If the customer has special wishes which are not offered explicitly
by the artists, prepayment of 30 % will be necessary.
Forwarding - expenses have to be added to all quoted prices. VAT is
still included to all quoted prices because of the size of the company.
When this default values are exceeded (e.g. exportation, delivery of
extreme sensitive goods) special agreements will be made.
We accept only prepayment. Bank transfer, PayPal and American
Express Travelers Cheques
Forwarding expenses within Europe: 9 EURO
Consignments of goods outside of Europe and into the USA:
In case of a purchase with an entire - order - value below 80 EURO forwarding
expenses will be charged for the shipment.
Starting from 80 Euro order - value the customer will only take a holding
of 15 Euro of the total forwarding expenses.
4. Cancellation, Right of restitution 4.1
Within 14 days after receiving the confirmation of the order the contract
can be cancelled without giving any reasons. The cancellation has to
be written (by Mail or e-Mail).
Within 14 days after receiving the product, it is possible to send it
back to the address of Rudi´s Künstlerwerkstatt. Risks and
costs of this shipment are bewared by the customer.
A general right of restriction can’t be granted for special wishes
of the customer which are not offered explicitly by the artist’s
Through timely cancellation or restitution the customer isn’t
bond to the contract of Rudi´s Künstlerwerkstatt anymore.
Rudi´s Künstlerwerkstatt reimburses the purchase price.
5. Supply, delivery - time, forwarding expenses
Rudi´s Künstlerwerkstatt is endeavoured to the fastest possible
shipment. The contract can be cancelled for a shipment within Europe
if the delivery wasn’t possible within four weeks after confirming
The place of performance is the position where the product is stored
at Rudi´s Künstlerwerkstatt.
If Rudi´s Künstlerwerkstatt wasn’t able to supply because
of causes Rudi´s Künstlerwerkstatt isn’t responsible
for Rudi´s Künstlerwerkstatt and the customer would be able
to cancel the contract. In this case, Rudi´s Künstlerwerkstatt
will inform the customer as soon as possible about such a situation.
Products, which have been lost or damaged during the delivery are to
report at the carrier immediately. If this was forgotten, the customer
would have to bear the financial damage.
Product’s delivery is at customers own risk. This circumstance
won’t change if products are delivered by Rudi´s Künstlerwerkstatt
Risk of delivery will be at customers own when the product leaves the
chair of Rudi´s Künstlerwerkstatt or when the delivery is
delayed because of an order of the customer, although the product could
Transportation - damages or loss of the articles are not covered by
It’s up to Rudi´s Künstlerwerkstatt to decide the kind
6. Guarantee 6.1
Descriptions of characteristics for products of Rudi´s Künstlerwerkstatt
represent no warranty.
The coloured appearance of the pictures, the format and the surface
- quality of the products listed by Rudi´s Künstlerwerkstatt
in the web are no nominal values of the products.
If the products characteristics changes because of using it (e.g. in
a fight) Rudi´s Künstlerwerkstatt will not be liable, except
the product was misdescribed.
7. Liability 7.1
Claims for compensations or damages (in the following called "claims
for damages") no matter what the matter of law is, especially because
of violation of obligations of an obligation and because of prohibited
actions are impossible. Rudi´s Künstlerwerkstatt is especially
not responsible for missed profit or other financial damages of the
party to a contract.
Claims for damages of the customer which is no consumer is excluded
in case of a delay in performance of Rudi´s Künstlerwerkstatt,
in case of an impossibility of Rudi´s Künstlerwerkstatt to
perform, in case of easy - negligent violation of substantial contract
- obligations as well as negligent violation of contract - obligation
by simple executing aides like no legal representatives or leading employees.
As far as the liability of Rudi´s Künstlerwerkstatt is excluded
or limited the personal liability of their employees, coworkers, legal
representatives and executive aides is also excluded or limited.
8. Reservation of title
Rudi´s Künstlerwerkstatt´s products are property of
Rudi´s Künstlerwerkstatt by that time the purchased price
is completely payed.
9. Copyright 9.1
All products, services and other contents of Rudi´s Künstlerwerkstatt
represented in the web or by other media, especially photos of the artwork
are subject to the copyright. Only the German copyright - law is effective.
Each use and utilization for purposes other than originally intended
by the restricted legal borders, especially German copyright - law is
inadmissible and might be punishable without written agreement of Rudi´s
Künstlerwerkstatt. In particular utilization for commercial purposes
is not permitted.
It is inadmissible to duplicate products, photos, data or other contents,
the reproduction in any way without written permission of Rudi´s
Künstlerwerkstatt. This expressly applies also to the further electronic
use - also in changed form -, to presentations collecting mains, the
consideration, duplication, transmission and storage of published data.
10. Care of particulars 10.1
Rudi´s Künstlerwerkstatt commits itself to take care of the
privacy and the particulars of customer’s data. Particulars are
raised, compiled and used according to the strict regulations of the
German data protection law.
Rudi´s Künstlerwerkstatt uses customer’s particulars
only for the execution of orders and inquiries, to inform the customer
about changes in the web - page, service and interesting offers. Rudi´s
Künstlerwerkstatt sells no particulars and does not relinquish
these to third parties, except partners like carriers etc., which support
Rudi´s Künstlerwerkstatt by the execution of the order or
Rudi´s Künstlerwerkstatt wouldn’t be liable for data
- damage or damage caused by data - abuse because of criminal penetration
in computers of Rudi´s Künstlerwerkstatt. However, Rudi´s
Künstlerwerkstatt commits itself to use protective measures so
far it’s reasonable for Rudi´s Künstlerwerkstatt.
11. Right of detention / Compensation
The customer is only able to compensate claims of Rudi´s Künstlerwerkstatt
if the customer has undisputed, judicially as valid determined demands.
A right of detention of the customer against demands of Rudi´s
Künstlerwerkstatt is only valid, if the right of detention of the
customer is judicially determined as valid.
12. Place of performance / legal venue / applicable
Legal venue is - as far as legal valid - 83410 Laufen, Germany. Rudi´s
Künstlerwerkstatt is able to sue at the legal venue of the customer,
Same is valid if the sueing party is no full trader and the place of
residence is or is transferred outside of law’s jurisdiction after
a contract was concluded or the present place of residence is unknown
at this time - point when law - suit is coming into force.
Domicile of the contracting parties for the purpose of a law - suite
is 83410 Laufen, Germany.
German law under exclusion of UN - purchase - law is valid but article
29 of import - law of the BGB (special German law) is not effected.
This law is valid for costumers outside of Germany, too.
13 Writing 13.1
Changes, additions and special agreements of these general conditions
as well as single contracts have to be written for it’s validity.
The requirement of written documents can only be cancelled by an written
14 Other / Salvatory clause
If a part of these general trading conditions was invalid the rest of
these general trading conditions wouldn’t be invalid. The invalid
part would be replaced by a legal valid part which is most similar in
a legal way to the invalid one. Same would be applied for any regulations
These general trading conditions are a translation of the German general
trading conditions (see web - page, AGB). In case of doubt or translation
- mistakes the German version is valid.
(as at 10/01/2006)