The legal relationship between Galerie & Kunsthandel Bergmann (the „Consignor“) and the Customer shall be exclusively subject to the following General Terms and Conditions.

Customer’s terms and conditions that are contrary to or divergent from these Terms and Conditions shall not be accepted. Except for the managers who are provided with the powers to represent the Consignor, no other person shall have the power to amend, change or limit these Terms and Conditions orally or in writing.

The contract between the Consignor and the Customer is concluded by means of the transmission of the order by fax, mail service, e-mail, internet form or telephone (request), on the one hand, and by the explicit order confirmation provided by the Consignor (acceptance), on the other hand. Unless stipulated otherwise, the Customer shall be bound by his request for one (1) month, or, when paintings are in the course of being realized, for three (3) months.

For the deliveries and work to be performed by the Consignor in accordance with the explicit order, he shall be entitled to claim the remuneration set out in the valid order confirmation.

In case of customers residing in Germany, the remuneration shall be payable on presentation of an invoice (not for first-time customers), cash on delivery, PayPal, credit card (Visa or MasterCard), by pre-payment by means of money transfer to the Consignor’s bank account.

Shipments to foreign countries shall only be carried out after receipt of pre-payment by money transfer, PayPal or credit card (Visa or MasterCard) in euro currency (see “Shipment Abroad”). Movement certificates for the reimbursement of value added tax shall not be issued.

All dates of completion and delivery given by the Consignor shall be non-binding, unless a date has expressly been agreed to be binding in writing.

In case the non-compliance with a binding delivery date is a consequence of force majeure, labour dispute, fire, unforeseen obstacles or other circumstances beyond control of the Consignor, the term of delivery shall be extended for the duration of these events. This applies accordingly in case the Consignor is in default with delivery.

In case the fulfilment of the order is prevented for more than one month, the Consignor and the Customer shall be entitled to withdraw from the contract with regard to the goods in default. In case of non-compliance with the delivery date or delays caused by other reasons, only the Customer shall have a withdrawal right. For the withdrawal on the part of the Customer, the general legal principles apply, with the proviso that, after one month from the order date, the Customer shall be entitled to claim fulfilment of his order after he has granted a period of grace of at least three weeks. The Consignor shall be entitled to make partial shipments at his expense, if the Customer is not unreasonably disadvantaged by this. This particularly applies if a part of the order is already shippable while another part will only become shippable within a reasonable period.

The current shipping costs can be found in the price list available on the website. Delivery to countries outside the European Union will only be effected on prior request.

Custom duties, import turnover tax and other specific costs for delivery abroad shall be borne by the Customer.

You can transfer you prepayments to out bank account. The account data will be provided separately with the invoice. Fees due shall be borne by the Customer.

The Customer is obliged to immediately inspect the goods upon arrival and report visible transport damage and damage to the packaging with the carrier company, to have it certified in writing and to inform the Consignor. The same applied to hidden transport damage from the time they are discovered. In case the Consignor looses his claims vis-à-vis a transportation company, his insurers or his own supplier because of the omission on the side of the Customer to do so, the Customer shall be liable for all consequences of this violation of obligation. The warranty for defects that already existed on the transfer of risk remain unaffected. In case, the Customer defaults on acceptance, the Consignor shall be entitled to claim compensation for damage suffered by him, while the Customer remains entitled to prove lesser damages.

In case the Customer is a consumer, he shall be entitled to withdraw his order within two weeks after receipt of the goods without giving reasons (except for goods that have been manufactured according to customer specifications). To meet the deadline, it shall be sufficient to timely send the withdrawal notice or return the good or goods to the above-mentioned address of the Consignor.

For goods with a value of up to 40 euros, the Customer shall bear the regular costs for their return. In case this value is exceeded, we will shall gladly provide you with a sticker for postage free shipment. For the return, the Customer shall engage a usual and recognized carrier or parcel service sending a standard parcel. For more details, please see our revocation instruction.

The delivered goods remain the exclusive property of the Consignor until all claims arising from this business relationship have been paid.

In case of slight negligence, the Consignor shall only be liable for the breach of contractually important obligations (cardinal duties). Apart from that, the pre-contractual, contractual and non-contractual liability of the Consignor is limited to wilful intent, gross negligence and the absence of guaranteed properties.

The Liability Limitation also applies to the personal liability of vicarious agents of the Consignor.

The Customer guarantees that the original delivered does not infringe the property rights of third parties (e.g. trademarks, business designations, copyrights). By placing the order, the Customer grants the Consignor the right to use his property rights within the contractual scope. The Customer agrees to indemnify the Consignor against all claims third parties may file against the Consignor as a consequence of the fulfilment of the order, and shall reimburse all damage arising. The Consignor reserves the right to refuse or withdraw from orders constituting an infringement of property rights.

The Consignor warrants that, at the time of the handing over to the carrier (transfer of risk), the goods shall have the expressly guaranteed properties and that they shall be free from defects that take away or reduce the value or the suitability for the usual or contractually presupposed use. Any insignificant reduction of the value or suitability remains unconsidered.

The warranty does not cover defects that arise from normal wear and tear, external influences or operation errors. The warranty shall be void if the Customer changes the purchased item or has it changed by a third party without consent of the Consignor unless the Customer provides full prove that the defects have not been caused neither fully nor in part by such changes und that the remedial measures are not complicated by those changes. In case of minor intended changes, it shall be assumed that they are not the origin of the defects and that they will not complicate remedial measures.

The German Supreme Court (BGH) has ruled that the burden of proof for material defects remains with the customer, also during the warranty period. That means the seller only needs to repair the good or deliver new goods if the customer succeeds in proving that there is indeed a material defect or if he can prove that has not caused the material defect himself by means of improper handling, damage or wear and tear.

The statutory warranty period shall apply.

The Customer must report obvious defects to the Consignor within 10 days. The timely dispatch shall be sufficient. Within the commercial business, it is essential that the commercial purchaser comply with his checking and complaining obligations.

In order to warrant a smooth handling of the case, the faulty goods should be returned to the Consignor duly packed, if possible in original packaging, together with a description as precise as possible of the defect and the proof of purchase. The Consigner shall not assume liability for damage caused due to improper packaging by the Customer.

With regard to the correction of faults, the Consigner shall be entitled, at his own discretion, to choose between repair and replacement. In case the Consignor should not be willing or able to repair or replace the faulty good or the reparation, replacement fail at least two times, or the reparation or replacement is not reasonable for the Customer, the Customer shall be entitled to cancel the contract (redhibitory action) or to claim a corresponding reduction of the remuneration (abatement).

In case of goods returned as faulty, the Consignor shall always take immediate measures for the remedy of defects. In case it appears that the reported defects are not contained within the scope of the warranty, the remedy of defects shall be continued against corresponding expenses, unless the Customer has declared beforehand that he only wants the remedy of the defects to be continued in case of a warranty claim. In case such a statement has been presented, the Consignor shall return the goods to the Customer without the remedy of defects; in case of wilful intent or gross negligence on the part of the Customer with regard to the unjustified warranty claim, the Consignor shall be entitled to claim compensation for the costs incurred at this time.

Information and images on the website, in the documentation and/or the promotional materials are non-binding.

All personal data shall be treated confidentially. The data necessary for business processing shall be exclusively stored on the Consignor’s side.

Furthermore, address and order data shall only be revocably collected for the sake of our own marketing purposes. When processing data your interests worthy of protection shall be taken into account in accordance with the legal regulations.

Please note: You can always object to the use or processing of your data for marketing purposes, or withdraw your consent, by notifying us. Upon receipt of your objection or withdrawal of consent, we shall delete the affected data.

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The consignor shall be entitled to use the commissioned works of the Customer for own marketing purposes. You have the right to object to this use any time by sending a notice to us.

The rental agreement relevant for the rental of paintings shall be drawn up individually between the owner and the tenant.

Should individual regulations of these General Terms and Conditions, as a whole or in part, be or become ineffective, the validity of the remaining provisions shall not be affected. Rather, the ineffective term shall be replaced a term coming closest to the intended purpose.

In case the Customer is a merchant in the sense of the German Commercial Code, a legal entity under public law, the courts of Duingen are exclusively competent for all conflicts arising from or in connection with the contract.

The law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.