T&C
I. General Terms and Conditions
II. Consumer Information
III. Right of withdrawal
IV. Imprint
V. Privacy
Valeria Geritzen (CEO, ACE TYPE) provides all services and deliveries exclusively on the basis of the following General Terms and Conditions (GTC). The General Terms and Conditions also contain the information required by law according to the regulations on distance contracts and electronic commerce.
I. General Terms and Conditions
§ 1 Scope
(1) The present terms and conditions of Valeria Geritzen (ACE TYPE) - hereinafter referred to as "seller" - apply to all contracts that the customer concludes with the seller regarding the products offered by the seller. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed in writing.
(2) Customers within the meaning of Section 1 (1) are both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity (§ 13 / § 14 BGB).
§ 2 Subject matter of the contract, contractual partner, conclusion of contract, reservation of self-delivery
(1) The subject of the contract is the sale of works of art. Details and essential features of the work of art are listed in the item description.
(2) In the event of the conclusion of the contract, the contract is concluded with:
Valeria Geritzen
ACE TYPE – Art & Brand Agency
Torstrasse 99, D-10119 Berlin;
Registration court: Tax Office Berlin Mitte Tiergarten; VAT ID: DE291408124
Telephone number: +49 (0) 30 233 939 69; Mobile number: +49 (0) 163 2888 380;
Email address: .
(3) The following regulations on the conclusion of the contract apply to orders by email.
(4) The presentation of the products does not constitute a binding offer by the seller, but rather a non-binding invitation to the customer to place an order with the seller.
(5) The offer is non-binding. We reserve the right to make technical changes and changes in shape, color and price within reasonable limits.
(6) By ordering a product, the customer submits a non-binding offer to conclude a contract. The seller is not obliged to accept the customer's offer. Confirmation of receipt of the customer's order does not constitute acceptance of the customer's offer.
(7) The seller is entitled to accept this offer within a period of fourteen calendar days. The purchase contract is only concluded when the seller accepts the order in writing - by email or post - or by sending the goods; there is no legal right to delivery before then. The order is confirmed by sending an email. After fruitless expiry of this period the offer is rejected.
§ 3 Prices and terms of payment
(1) The prices given by the seller are gross prices (final prices including the applicable statutory taxes). Any additional delivery and shipping costs are specified separately in the context of the respective presentation; Special requests for delivery can be agreed individually.
(2) Deliveries to countries outside the European Union may incur additional costs such as additional taxes and/or duties (customs duties) and increased shipping costs.
(3) Information about the specific terms of payment will be provided as part of the order processing. In general, unless otherwise agreed, the full amount, including any agreed shipping and delivery costs, is due immediately and must be paid within 14 days. The total amount is only to be paid by bank transfer or cash payment if handed over personally.
(4) Payments are only deemed to have been made when the invoice amount has been fully credited to our account; Only then will the goods be sent to the customer or handed over personally in the case of cash payment.
(5) The following bank details are available for transfers: Sparkasse Höxter/ BLZ 47251550/ account no. 49507593/ Account IBAN No. DE67 4725 1550 0049 5075 93/ BIC: WELADDED1HXB (For transfers from abroad).
(6) In the case of cash payments, the goods can be picked up from the seller. Collection requires a mutual agreement for the purpose of an appointment to visit within the payment period stated on the invoice. After an appointment has been made, the goods can be picked up from the seller at the following address: Valeria Geritzen/ ACE TYPE – Kunstvermittlung, Torstraße 99, D-10119 Berlin; Telephone number: +49 (0) 30 233 939 69; Mobile number: +49 (0) 163 2888 380; Email address: .
§ 5 Delivery/shipping conditions and return costs
(1) The delivery of the work of art takes place within a maximum of 14 days after receipt of the order. Manufacturer-related delays will be communicated to the customer immediately. The delivery is properly packaged and insured on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address and contact telephone number provided by the customer to the seller are decisive.
(2) Deliveries abroad are possible and require a detailed agreement. We would be happy to obtain an offer from our logistics partner.
(3) If delivery to the customer is not possible, the commissioned transport company will send the goods back to the seller, with the customer having to bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance or if the customer thereby exercises his right of withdrawal.
(4) The customer bears the direct costs of returning the goods.
§ 6 Liability for Defects & Notification of Defects
The liability for defects is based on the statutory provisions.
(1) The seller assumes no guarantee for the quality of the items in the sense of commercial law; such is not in the descriptions of the work of art, which have been made to the best of our knowledge and belief.
(2) For material defects - which also include the lack of authenticity of the work of art - the liability of the seller for damages to a buyer who is not a consumer is excluded, unless the seller is guilty of gross negligence. The other claims of the buyer due to material defects become time-barred in the case of used items.
(3) If the seller acts as a commission agent in his own name for the account of a third party, his liability for material defects and defects of title towards a buyer who is not a consumer is excluded, unless the seller is guilty of gross negligence; the seller will assign any existing claims against his client (committee) to the buyer.
(4) The customer is obliged to report defects in writing; a notice of defects must be received by the seller within fourteen days; timely dispatch in writing is sufficient. Liability for defects not reported or not reported in good time is excluded. The general statutory deadlines for defects apply.
§ 7 Limitation of Liability
(1) The seller is liable for intent and gross negligence. Furthermore, the seller is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer regularly rely. In the latter case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
(2) The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.
(3) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant or uninterrupted availability of the online trading system.
§ 8 Final Provisions: Place of Jurisdiction, Applicable Law, Data Protection
(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods (UN Sales Convention). For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if their domicile or habitual abode is not known at the time the action is filed.
(3) Should individual provisions of this contract be ineffective or contradict the statutory provisions, the rest of the contract shall not be affected thereby. The ineffective provision will be mutually replaced by the contracting parties with a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.
§ 9 Customer Service
For questions, complaints, complaints and other services, the seller is available Monday to Friday from 10:00 a.m. to 6:00 p.m.
Contact: Telephone +49 (0) 3023393969 +49(0)1632888380 / Email
II. Consumer Information
(1) The identity of the seller can be found in the imprint below.
(2) The main features of the products offered by the seller are reflected in the individual presentations of the shop.
(3) The conclusion of the contract is based on Section 2 of the general terms and conditions of the seller.
(4) Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the Seller's General Terms and Conditions.
(5) The German language is available for the conclusion of the contract.
(6) The security and strictly confidential treatment of your personal data is our top priority. To protect your data, we only use the latest security standards and do not pass your data on to third parties.
III. Right of withdrawal
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Right of withdrawal
(7) Right of withdrawal and consequences of withdrawal
In the case of contracts concluded off-premises and in the case of distance contracts, the consumer has a right of withdrawal in accordance with Section 355. You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform us
Name/Company: Valeria Geritzen (ACE TYPE)
Street: Torstrasse 99
Zip code, city: D-10119 Berlin
Phone: +49 (0) 3023393969
Mobile: +49 (0) 163 288 8380
Email:
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the 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 something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss of the goods if this loss of value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of revocation -
(8) Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts:
For the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. (§ 312g Abs. 2 Nr. 1 BGB)
(9) For the rest, we refer to our general terms and conditions.
The following model cancellation form must be adapted and made available to the customer in a clear and understandable manner before submitting his contract declaration.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it
it back.)
- To Valeria Geritzen (ACE TYPE), Torstrasse 99, 10119 Berlin;
- I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase
of the following goods (*)/ the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of consumer(s)
-Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date
_______________
(*) Delete where not applicable.
Valeria Geritzen (Head of ACE TYPE), March 2023
