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General Terms and Conditions (GTC) „Inasaja GP“
§ 1 General
(1) All performance and deliveries, including all contracts, provided by „Inasaja GP“ are subject to the following terms and conditions. The customer can filesave and print it. Upon receipt of a customers order he gets confirmation by email including GTC and specified order data. With the confirmation the business connection is valid.
(2) Referring to the GTC contradicting acknowledgements of the customer will herewith not not be recognized by “Inasaja GP” (consecutively “we”).
(3) We may depart from the GTC only in written form.
§ 2 Prices
Our shown all round prices are gross prices.
The valid sales tax is included in the trade objects price and shown extra in the account, which is added to the ware in original.
We calculate the delivery based on prices of the purchase order date.
§ 3 Payment practise and Conditional sale
(1) Our accounts are prepayable by transfer or cash on delivery. If not elsewise arranged, we don’t give a discount. The property of the goods passes only when our delivery is payed completely. Until then the ware is property of the artist and remains in our ownership.
(2) The payment period amounts 14 days from confirmation date, thenceforward we carry the selling-on of the ware. In this case we charge 10 % of the purchase price.
§ 4 Time of delivery
We endeavor to comply with the delivery date, but our artists need to have liberty in compassing their work with maximum claim. We grant them this liberty, and so we exclude all damages for non-fulfillment of the time of delivery. Times of delivery can also extend in reasonable length as a result of the following situations, which are not our responsibility: business disruption, deficiency of laborers, energy or resources, tie-up, force majeure, dispositions of higher authority, lockout and traffic hold-up.
§ 5 Shipping
(1) Delivery is made ex works, i.e., the business location in Meißen (EXW) or ex artists working location in case of arrangement for oversize works. We consign only with insurance of the ware, which is to pay by the customer. These costs cease to exist in case of pickup by the customer.
(2) Costs for delivery abroad will be communicated to the customer after receiving his order. He will than have the right to withdraw from the contract.
(3) Out of the European Union the customer has to pay incidental duty and tax costs.
(4) The customer receives an informative email at the date of dispatch.
(5) As the buyer you are bound to check the ware immediately. If you recognize a damage caused by transport, report it to the carrier. Ulterior deficiencies can be claimed to us in written form (email to kontakt@inasaja.com), but longest 1 week after receiving the ware.
§ 6 Transfer of perils
Based on legal arrangements we offer only insured shipment. With handing over the ware from carrier to buyer the perils transfer to him. Thus the buyer has to pay attention to § 5 regarding transport damages. In case of pickup by the customer the perils transfer to the buyer with handing over.
§ 7 Guarantee
(1) We guarantee, that the sold ware is free from defects of material and fabrication at the time of transfer of perils. This guarantee is determined on 2 years after delivery. In case of used ware, which is expressly and visibly marked as such, the respite of guarantee is limited on 1 year according to § 475 German Civil Code. You have to communicate defects of material and fabrication immediately to us, when they emerge in the warranty period. Only after personal arrangement with you we forward your notice of defect to the artist. Don’t modify the ware in any way. If you or a third person do so, we are not bound on our guarantee. We are also not liable for normal abrasion.
(2) Aberration from colour concerning the digital presentation on our Internet gallery is not part of the denoted facts and not contained in the guarantee.
(3) There is no pretense on any kind of conversion, decrease and compensation.
§ 8 Cancellation and Return
You can withdraw from the contract within a period of 14 days from the date of delivery on, if the ware was not made especially for you (remittance work). To preserve the time limit notice your revocation by email to kontakt@inasaja.com. We will inform you about the dispatch type sequenze to use.
Your bear risks and costs of reconsignment in case of a value of goods up to 40 €, when the delivered ware is in accordance to the ordered.
If you cancel in time, you are not longer bound on your order; the already paid purchase price will be repayed after the receipt of the ware in our house. If the ware shows any pejorative vitiations effected by you, you are liable for compensation.
§ 9 Place of Fulfilment and Court of Jurisdiction
Place of Fulfilment and exclusive Court of Jurisdiction for alle conflicts resulting from this contract, including action on a bill of exchange is Dresden. It is imperative the Right of the Federal Republic of Germany.
§ 10 Data Protection
Data, which is transmitted by your order, will be handled with the appointment, saved and used for in-house market research and marketing. Your data will be circulated to thirds (f.e. artists) only in line with the implementation of the contract.
§ 11 Miscellaneous
(1) All works shown on our internet page are copyrighted. It is forbidden to copy, adapt, print and to publish any pictures. Violation will be prosecuted by civil and criminal law.
(2) If particular clauses are null and void in cause of any reason, the validity of the other clauses is unaffected. The contractual partners are committed to substitute all invalid clauses by a valid, which corresponds to the invalid the most.. In case of doubt relevant specifications are to interpret in a way matching to legal rights of GTC.
(3) Oral collusions need authentication in written form.
March 2006/ INASAJA GP
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