English / Deutsch
Language notice
These Terms and Conditions are available in German and English.
In case of discrepancies, the German version shall prevail.
General Terms and Conditions (GTC)
Contractual terms and conditions governing purchase contracts concluded via the platform
https://www.cadaques-landscapes.com and its subpages and subdomains
between
Volker Hoschek
Schillerstr. 16
73635 Rudersberg
Germany
– hereinafter referred to as the “Provider” –
and the users of this platform referred to in Section 2 of these Terms and Conditions
– hereinafter referred to as the “Customer(s)” –
§ 1 Scope of Application
These Terms and Conditions shall apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time the order is placed.
The Provider’s offer is directed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB).
Any terms and conditions of the Customer that deviate from these Terms and Conditions shall not be recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The Customer may select products from the Provider’s range and collect them in a so-called shopping cart by clicking the “Add to cart” button.
By clicking the “Buy now” button, the Customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
Before submitting the order, the Customer may review and modify the entered data at any time.
(2) The Provider confirms receipt of the Customer’s order by means of an automatically generated email (order receipt confirmation).
This order receipt confirmation does not constitute acceptance of the contractual offer.
The contract shall only be concluded when the Provider expressly accepts the order, for example by sending a separate order confirmation email or by dispatching the goods.
(3) The contract shall be concluded in the German language.
If these Terms and Conditions are made available in other languages, the German version shall be exclusively authoritative.
§ 3 Delivery, Availability of Goods, Payment Terms
(1) Delivery times stated by the Provider shall begin with the order confirmation (Section 2 (2) of these Terms and Conditions), however only after receipt of payment.
(2) If a product specified in the Customer’s order is temporarily unavailable, the Provider shall inform the Customer thereof without undue delay.
In the event of a delivery delay of more than two weeks, the Customer shall be entitled to withdraw from the contract.
In such a case, the Provider shall also be entitled to withdraw from the contract and shall promptly refund any payments already made by the Customer.
(3) The following delivery restrictions apply: The Provider delivers only to Customers whose habitual residence (billing address) is located in one of the following countries and who can provide a delivery address in the same country: Germany and the member states of the Eurozone (countries using the euro as their official currency).
(4) The Customer may make payment via PayPal (including payment methods offered by PayPal such as direct debit or credit card).
(5) The purchase price shall be due immediately upon conclusion of the contract.
If the due date for payment is determined by the calendar, the Customer shall be in default upon failure to meet the payment deadline.
§ 4 Retention of Title
The delivered goods shall remain the property of the Provider until full payment of the purchase price has been made.
Services provided by the Provider shall, unless otherwise agreed, only be rendered after receipt of payment from the Customer.
§ 5 Prices and Shipping Costs
(1) All prices stated on the Provider’s website are final prices and include statutory value-added tax (VAT). For deliveries within the European Union, VAT shall be charged in accordance with the applicable statutory provisions.
(2) The shipping costs will be displayed to the Customer during the ordering process and must be borne by the Customer.
(3) In the event of a withdrawal, the Customer shall bear the direct costs of returning the goods, provided that a statutory right of withdrawal exists.
§ 6 Warranty for Defects
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) Notice regarding production-related deviations for Fine Art prints
a) The representation of colors on screens may vary depending on monitor settings and device. Minor color deviations between the display on the website and the printed Fine Art print do not constitute a defect.
b) Due to the printing process and the material properties of Fine Art papers, minor variations in color effect, contrast or paper texture may occur.
c) Minor deviations in format, trimming or margins may occur due to production processes and do not constitute a defect.
§ 7 Liability
(1) Claims by the Customer for damages are excluded.
This shall not apply to claims for damages arising from injury to life, body or health, from the breach of essential contractual obligations (cardinal obligations), or for other damages resulting from intentional or grossly negligent breaches of duty by the Provider, its legal representatives or vicarious agents.
Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations caused by simple negligence, the Provider’s liability shall be limited to the foreseeable damage typical of the contract, unless the claim relates to injury to life, body or health.
(3) The limitations of liability set out in paragraphs (1) and (2) shall also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
§ 8 Copyright
All images, texts and the design of the website www.cadaques-landscapes.com as well as its subpages and subdomains were created by Volker Hoschek and are protected by copyright law.
By purchasing a FineArt print, the Customer acquires ownership of the physical work only.
No transfer of usage, exploitation or other copyright-related rights shall take place unless expressly agreed in writing.
In particular, it is prohibited to reproduce, distribute, make publicly accessible, modify or commercially use the motifs.
Any use of the content of this website beyond private use requires the prior written consent of the Provider.
§ 9 Right of Withdrawal
There is no right of withdrawal for 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 (Section 312g (2) No. 1 of the German Civil Code – BGB).
This applies in particular to Fine Art prints that are produced only after the order has been placed within a print-on-demand process and in the size selected by the Customer.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts concluded between the Provider and the Customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) Consumers may bring claims against the Provider either at the Provider’s place of business or at the consumer’s place of residence.
Claims by the Provider against consumers shall be brought at the consumer’s place of residence.
(3) Should any provision of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
The statutory provision shall take the place of the invalid provision.
Alternative Dispute Resolution pursuant to Article 14 (1) ODR Regulation and Section 36 VSBG
The European Online Dispute Resolution (ODR) platform has been discontinued and is no longer available.
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.