Terms and Conditions

Terms of contract within the framework of purchase contracts concluded via the www.sylwia-synak-arts.com platform between SYLWIA SYNAK ARTS hereinafter referred to as: the “provider” and the parties referred to in § 2 of the contract Customers in the following: the “customer”.


§ 1 Scope, definition of terms

(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.


§ 2 Conclusion of contract

(1) The customer can select products from the range of the provider, in particular paintings by the artist Sylwia Synak, and collect them in a so-called shopping cart by clicking the “Add to cart” button. By clicking on the “Send order” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept General Terms and Conditions” button and thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgment of receipt only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation).


§ 3 Delivery, availability of goods

(1) The delivery time is approx. 2-3 days via insured shipping or by arrangement if the delivery has to be made personally.

(2) If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.


§ 4 Retention of title

The delivered goods remain the property of the provider until full payment has been made.


§ 5 Prices and shipping costs

(1) All prices stated on the provider’s website include the applicable statutory sales tax.

(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal.

(3) The goods are shipped by freight forwarder. The provider bears the shipping risk if the customer is a consumer.


§ 6 Terms of payment

(1) The customer can make the payment in advance by bank transfer, credit card or PayPal.

(3) Payment of the purchase price is due within 7 days of the conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider interest on arrears at a rate of 5 percentage points above the base interest rate.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.


§ 7 warranty for material defects, guarantee

(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) There is only an additional guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective item.


§ 8 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.


§ 9 Right of withdrawal & cancellation policy

You can revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or – if the item is left to you before the deadline – also by returning the item. The period begins upon receipt of this information in text form. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.

Click here for the page for the right of cancellation & cancellation policy. Our cancellation form in PDF format: Download cancellation form

The revocation should be sent to:

SYLWIA SYNAK
Pienzenauerstr. 30
81679 Munich

service@sylwia-synak-arts.com
www.sylwia-synak-arts.com

Revocation consequences

In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store. The buyer has to bear the regular costs of the return. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly.

– End of cancellation policy –

A platform for out-of-court online dispute resolution (OS platform) is provided by the European Commission. You can access these at www.ec.europa.eu/consumers/odr. The e-mail address is in the imprint. I am neither obliged nor willing to participate in the dispute resolution process.


§ 10 Other information

According to § 312d Abs 4 Nr 2 BGB, there is no right of withdrawal for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.


§ 11 Notes on data processing

(1) The provider collects data from the customer as part of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.

(3) The customer has the option at any time to call up, change or delete the data stored by him under the “My data” button in his profile. In addition, with regard to the customer’s consent and further information on data collection, – processing and use, reference is made to the data protection declaration, which can be called up in printable form on the provider’s website at any time via the “Data protection” button.


§ 12 Final clauses

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.