General Terms and Conditions (GTC)
§ 1 Scope
These GTC apply to all orders, purchases, and deliveries via the website https://www.my-art-kienzle.de/ as well as to sales at art exhibitions and fairs, insofar as these are carried out by me as the seller.
§ 2 Contractual Partner
Purchase agreements are concluded with:
Gerhard Kienzle
Hofgasse 8a
64850 Schaafheim-Mosbach
Email: mail@my-art-kienzle.de
Mobile: +49 172 7246663
§ 3 Offers and Prices
The prices stated on the website are final prices including 7% VAT in accordance with § 12 para. 2 no. 7 c UStG.
In addition, the shipping costs indicated apply.
§ 4 Payment Terms
– Cash payment upon delivery (up to 200 km) or collection.
– PayPal payment (Email: gekienzle@web.de) for shipping by freight or international delivery.
The goods remain my property until full payment has been made.
§ 5 Delivery
– Delivery up to 200 km: Flat rate of €38.
– Over 200 km: Delivery via art shipping company, plus packaging and transport costs.
– Delivery within Europe or worldwide: on request, shipping via art shipping company; packaging, transport, and any customs costs are borne by the buyer.
– Delivery times are agreed individually.
§ 6 Right of Withdrawal
Consumers have a right of withdrawal according to § 355 BGB, except for individually made artworks (unique pieces) § 312g para. 2 no. 1 BGB.
§ 7 Warranty
The statutory warranty rights apply (§§ 437 ff. BGB).
No additional voluntary guarantee exists.
§ 8 Liability
I accept no liability for damage caused by improper handling, storage, or transport after handover.
In the event of transport damage, the buyer is obliged to report this immediately to the carrier and inform me without delay.
§ 9 Retention of Title
The artwork remains my property until full payment has been made.
§ 10 Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For cross-border contracts, German law applies unless mandatory consumer protection provisions of the buyer’s country of residence conflict with this.
Cancellation Policy
Right of Withdrawal for Consumers
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party designated by you took possession of the goods.
To exercise your right of withdrawal, you must inform me Gerhard Kienzle, Hofgasse 8a, 64850 Schaafheim-Mosbach by means of a clear statement (e.g., letter or email) of your decision to withdraw from this contract. To meet the deadline, it is sufficient to send the notification before the withdrawal period expires.
Consequences of Withdrawal:
If you withdraw from this contract, I will refund all payments received from you, including the delivery costs for the initial shipment (except for additional costs incurred if you chose a delivery method other than the standard delivery offered by me), without undue delay and at the latest within 14 days from the day on which I received your notice of withdrawal.
I may withhold the refund until I have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
Return and Costs
The buyer bears the costs and organization of the return. Due to the nature of the three-dimensional artworks (high weight, delicate materials such as marble tiles, porcelain stoneware, and Nespresso capsules), a special packaging is required. Therefore, the return must be made via an art shipping company. I will assist you in selecting a suitable shipping company upon request but do not assume any costs or liability for the return transport. The goods must be securely and properly packaged for transport. The buyer is liable for damage caused by improper packaging or handling.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to artworks that are made to customer specifications or clearly tailored to the personal wishes of the buyer (§ 312g para. 2 no. 1 BGB).
Warranty, Guarantee & Damage Cases
The statutory warranty rights apply (§§ 437 ff. BGB). No additional guarantee. Transport damage must be reported to the carrier. No liability for damage caused by improper handling after handover.
Data Protection
Privacy Policy (Summary)
Personal data is used exclusively for contract processing and is not shared with third parties, except for delivery or payment (e.g., PayPal, shipping company). The GDPR applies.
Further information can be found in my detailed Privacy Policy.
VAT Notice
All prices include 7% VAT. For exports outside the EU, delivery may be exempt from VAT (§ 4 no. 1a UStG).