General Terms and Conditions of Trade (GTCT) of HP Kolb Gallery and Disclaimer acc. to §§ 312d, 355, 356 Civil Code (BGB)

§ 1 General

1.1 HP Kolb Gallery, Kettelerstr. 10. D-69469 Weinheim, Owner: Hans-Peter Kolb, conducts a shop for digital artworks at the URL http://www.hpkolp-gallery.de.
As operator and owner of this platform HP Kolb Gallery is also the contracting party of those legal and natural persons, who want to refer goods through this platform.

1.2 All contractual relations between HP Kolb Gallery and their customers are exclusively subject to the general trading conditions of HP Kolb Gallery. Deviating trading conditions of the customers do not apply.

1.3 The customer is obligated to pass on the data demanded in the purchase order form (name, address etc.) truthfully and complete. Resulting damage from the falsehood of such data has to be compensated by the customer.

1.4 If a regulation in these trading conditions should be or become ineffective, then the effectiveness of all other regulations is not affected.

§ 2 Contract conclusion, Contract modifications

2.1 All in the Internet or in other media listed digital artworks, as well as all other products of HP Kolb Gallery do not represent a sales offer, but a request at the customers to deliver a purchase request. Purchase requests can be delivered through the purchase order forms provided by HP Kolb Gallery online or in written form (e.g. by fax).

2.2 The request of the customer can be accepted by dispatch of a confirmation of order by email or direct supply, i.e. delivery of the commodity at parcel service or post office within 10 days. The confirmation of the order entrance still does not represent acceptance of the bid.

2.3 HP Kolb Gallery will not store the contract text separately. The order data will be made accessible for you in the E-Mail confirmation. The T.O.S. in the current version can be looked up on www.hpkolb-gallery.de.

2.4 Purchase requests of the customer are only accepted to current prices and conditions. All prices understand themselves including the legal value added tax (VAT) plus forwarding expenses.

2.5 Should our order confirmation contain writing faults or misprints or should our price definition underlay transmission errors due to technical cause, HP Kolb Gallery is justified to contest, whereby we must prove our mistake. In advance performed payments will be refunded immediately.

2.6 HP Kolb Gallery takes over no warranty for the fact that all offered products on the website are at any time available. If one or more products should be not available, the customer will be informed as soon as possible. If the commodity should be already paid, then the correlative amount will be returned to you immediately by HP Kolb Gallery.

§ 3 Terms of Delivery

3.1 Delivery takes place within Germany and into other European countries according to our shipping costs overview.

3.2 The delivery time amounts to, if not indicated otherwise in the order confirmation, depending on the country of the customer approx. 3 - 14 working-days.

3.3 Should not all ordered products be available, we are justified to partial deliveries at our expense, as far as this is reasonable.

3.4 Should the delivery of the commodity fail, despite threefold delivering attempt, we are authorized to withdraw from the contract. If necessary, in advance performed payments will be refunded immediately.

§ 4 Terms of payment

Payments are to be transferred in advance. The necessary Information will be included within our order confirmation.

§ 5 Right of recission

5.1 As consumer you have the right to rescind the sales contract within 14 days starting from receipt of the commodity.
The period of revocation begins in each case at the earliest with receipt of the commodity and receipt of this instruction in text form.

5.2 You can declare the recission in writing or on another durable data medium, by e-mail or simply by return of the commodity. The recission is to be addressed to the following address:

HP Kolb Gallery
Kettelerstr. 10
D-69469 Weinheim
E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

5.3 By timely recission you are no longer committed to the contract with HP Kolb Gallery. If the purchase price has been already paid, the amount will be returned to you immediately by HP Kolb Gallery. You are only obliged to return the commodity.

Recission consequences

5.4 In case of an effective recission received achievements and if necessary resulting profits (e.g. interest) are to be refunded on both sides. If you cannot refund the received achievement to us totally or partly or only in worsened condition, you must perform indemnification to that value if necessary. This dos not apply during hiring of commodity, if the degradation of the commodity exclusively leads back on their examination - as it would have been possible for instance in a retail shop. In all other respects you can avoid indemnification according to value obligation, by using the commodity not like your property and omitting everything, which impairs the value.

5.5 The costs of the return are debited to the customer, if the price of the commodity does not exceed the amount of 40,- Euro or a higher price if the commodity has not been paid at the time of the recission.
If the price of the returned commodity exceeds the amount of 40,- Euro, and the commodity has been paid at the time of the recission, the amount will be returned to you immediately by HP Kolb Gallery as soon as the commodity has been received. Send returns always sufficiently post-paid to the address above.
End of the right of recission
Exceptions:

The right of revocation does not include delivery of goods, which are manufactured according to Customer specifications, e.g. personal illustrations.

§ 6 Guarantee

6.1 The guarantee is supplied according to legal regulations. With all lack arising during the legal guarantee period of two years starting from delivery you have the legal right of re-compliance (your choice: Lack removal or new supply) and - when applicable legal conditions - the legal rights of depreciation or withdrawal as well as besides on indemnification.
We do not take over guarantee for damage and lack, which result of incorrect care, inappropriate use or from overstressing.

If you wish to exchange an incorrect product, please contact us through the above mentioned address.

6.2 HP Kolb Gallery does not take over any guarantee for slight deviations of the supplied commodity from the listed. With the printed products slight deviations according to pattern, format and paper -, material and surface quality production- and/or print-technically are not completely avoidable. Such deviations do not authorize to complaint.

§ 7 Transport damages

If goods with obvious transport damages are delivered, you can help us by, stating such errors and complaints immediately with the Deliverer and inform us as fast as possible.
Missing a complaint or a contact approach has no consequences for your legal warranty laws however.

§ 8 Reservation of proprietary rights

Supplied commodity remains the property of HP Kolb Gallery up to their complete payment. If the customer sells proprietary right entitled commodity of HP Kolb Gallery, he has to pass on the retention of the proprietary rights as well. The customer has to inform us immediately of any access of third to proprietary right entitled commodity of HP Kolb Gallery. Seizing and seizure, pledging, mortgaging etc. of the proprietary right entitled commodity are permissible only with previous agreement of HP Kolb Gallery.

If the customer in case of contrary behaviour to the terms of the agreement, in particular delay of payment, after reminder does not pay immediately, he has to reveal the proprietary right entitled commodity of HP Kolb Gallery.

The customer carries the cancellation costs.

§ 9 Data security

We use the data communicated by you primarily for the job execution. For this purpose, to the extent necessary, a passing on of your data takes place to other enterprises, e.g. to such suppliers, who deliver the commodity directly to you. These enterprises may use your data only for job execution and not for further purposes. With your allowance we will include special offers in our newsletter. Of course you can recall this consent at any time.

§ 10 Copyright / Use of the commodity

The distributed products of HP Kolb Gallery are world-wide copyright protected. The customer is not authorized to manufacture or copy or distribute the commodity of HP Kolb Gallery himself or through third.

§ 11 Liability

We exclude our adhesion for easily negligent obligation injuries, if they contain no contract-substantial obligations, damages from the injury of life, concern of the body or health or warranties or requirements are affected after the product liability law. Same applies to obligation injuries of our executing aides.

§ 12 Area of jurisdiction

Place of performance and area of jurisdiction is for both parts D-69469 Weinheim, Baden-Württemberg.
The same applies, if the customer is not a fully qualified merchant and possesses no general area of jurisdiction in the Federal Republic of Germany. The right of the Federal Republic of Germany applies.

Conditions 03-24-2010
© HP Kolb Gallery 2007-2010