General Terms and Conditions

1. Scope of Application

These General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor part of their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become a component of the contract if we have expressly agreed to them.

2. Contracting Parties, Formation of Contract, Correction Options

The purchase contract is concluded with Piotr Paneczko – Company: Paneczko · Grafik-Studio.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.

3. Contract Language, Storage of the Contract Text

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. Delivery Conditions

Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.

We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.

We do not deliver to packing stations (Packstationen).

5. Payment

The following payment methods are generally available in our shop:

Advance Payment (Vorkasse)

After your order, you will receive a confirmation and my bank details via e-mail. When making payments, the order number must always be specified. The order will be processed after receipt of payment. The requested items are reserved for you for 7 days (until receipt of your payment). After that, the order will be canceled.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The goods remain our property until full payment has been made.

For entrepreneurs, the following applies additionally: We reserve ownership of the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale to us in advance—independent of any connection or mixing of the reserved goods with a new item—in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

8. Transport Damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such errors to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.

When consumers purchase used goods, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects for newly manufactured items is one year from the transfer of risk. The sale of used goods takes disposal under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

In relation to entrepreneurs, only our own specifications and the manufacturer's product descriptions that were included in the contract apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other promotional claims.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery).

The visioned restrictions and reductions of time limits do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents:

• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, as far as agreed, or
• as far as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

Customer Service: You can reach my customer service for questions, complaints, and objections on weekdays from 9:00 AM to 6:00 PM at the telephone number 02151 325 70 46 as well as via e-mail at info@paneczko.com.

10. Liability (Continued)

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives, or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for consumer redress and dispute resolution, which you can find here: europa.eu. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

GTC created with rechtstexter.de.

And supplemented:

13. Prices

The prices stated on www.colorofspot.com are final prices in Euros, including the applicable statutory value-added tax (VAT). Deviating tax regulations may apply to deliveries to other countries. The final price displayed during the ordering process is decisive.

14. Unique Pieces and Editions

The edition size or the classification as a unique piece or edition is determined exclusively by the external dimensions of the artwork. Different design variants (e.g., framing, matte or glossy acrylic glass, as well as other features) have no influence on the editioning.

15. Certificate

The certificate with the artist's signature and further details of the edition will be sent separately to the buyer. The buyer can attach it to the back of the picture themselves.

16. Handling of the Artworks

The artworks of color of spot are intended only for indoor use, regular living spaces, and commercial premises (room temperature and no excessive humidity). Kitchens, cellars, and bathrooms are not suitable for the pictures. The pictures should only be touched with cloth gloves or similar protection.

17. Copyright

The content and works created by the site operators on these pages are subject to German copyright law. The reproduction, editing, distribution, and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Unauthorized actions will be prosecuted under criminal and civil law. Insofar as the content on this page was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon notification of violations, I will remove such content immediately.

© copyrights Piotr Paneczko 2016-2020. All rights reserved. All artworks on this website (including the color of spot logo and 3D interior) were created by Piotr Paneczko.

18. Liability for Links

Our offer contains links to external third-party websites, over whose content we have no influence. Therefore, I cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is unreasonable without concrete evidence of a violation of the law. Upon notification of legal violations, we will remove such links immediately.

19. Color Display

Slight color deviations between the display on the customer's screen and the delivered physical artwork are technical in nature and do not constitute a defect.

20. Interior Presentation

For some artworks, we may use interior presentations to showcase the artwork in a simulated interior space. Please note that the interior image and the furniture depicted are for illustrative purposes only and are not part of the offer. The offer includes exclusively the artwork itself, as specified in the product description.

21. Reservation

Subject to changes and errors.

Source reference: eRecht24 (Modified).

Translated with Google Translate