Terms and Conditions

GENERAL TERMS AND CONDITIONS

General Terms and Conditions

1. validity

All contracts concluded between me and customers and business partners are subject to German law. These were created and personalized on the basis of GEO's model contracts.

The following General Terms and Conditions (GTC) apply to all contracts, deliveries and other services.

Deviating regulations of the contractual partner (customer) are hereby expressly contradicted. I reserve the right to amend the existing General Terms and Conditions and, if necessary, to adapt them to current German legislation. For existing orders, the old terms and conditions will continue to apply.

In addition, the following applies: No warning without prior clarification of current case law or errors in these GTCs! Please contact us directly in this regard to avoid legal violations, so that there is a chance to eliminate legal uncertainties.

2. offer

All offers are subject to change. Errors excepted. Deviations and technical changes from the original illustrations or descriptions are possible.

3. Prices / Terms of payment All prices quoted are final prices plus 19% VAT.

All offers are subject to change. Payment is made by invoice, Paypal or credit cardWhen paying on account, a payment term of 7 days ** after receipt of the invoice / goods applies. I reserve the right to accept only certain payment methods (cash on delivery / prepayment) in individual cases to secure the credit risk.** Reminders / reminders are sent by e-mail for online orders! 3.a. Custom-made products / terms of payment / depositPayment in advance is always requested for orders at the customer's request. This includes all commissioned work that is to have a special size or shape, as well as special color combinations for inlays and slipware. Vases and vessels, as well as bowls for which a new template has to be made or a shape has to be considered, as well as copies of vases that have already been sold, are automatically considered custom-made. The advance payment for custom-made items is always 100% of the agreed price including shipping costs.

Important:

For all individual / custom-made products, in particular for catalog production, advance payments will not be refunded to the customer in the event of withdrawal from the purchase contract if the execution of the orders has already begun!

3.b. Custom-made products with inlays and slip glaze as well as build-up technique

It should be noted that inlay work in particular is a fragile technique in which imperfections in the pieces are possible. Cracks in the inlay work, which are firmly seated in the clay body, are not a defect, but an intentional effect that constitutes my artistic work and does not impair its function. I only sell pieces that are in perfect working order.

3.c. Vouchers for Ceramic Pieces / Art Workshops

You can purchase earmarked gift vouchers, please inform yourself about them in my offers, please keep them carefully and present them with your purchase or appointment request. There will be no replacement for lost vouchers! A cash payment of vouchers is not possible!

4. delivery times

For ordered custom-made products, especially for vases and specially made tableware, the delivery conditions of our suppliers apply - in general, the delivery time is about 6 - 10 weeks after receipt of your advance payment, for existing pieces, the delivery time is between one and two weeks.

Important!

Delivery date requests must be expressly stated by the customer before the purchase contract is concluded. There will be no refund of the purchase price if the requested delivery date has not been specified and the goods have already been paid for or production has begun and the delivery date cannot be met.

If an item is not in stock at the time of ordering due to an exhibition, I will endeavor to deliver it as soon as possible after the end of any exhibitions. If the failure to meet a delivery deadline or performance deadline is caused by force majeure or other unforeseeable events, the deadline will be extended appropriately.

in the event of non-compliance for reasons other than those mentioned above, the buyer is entitled to set a reasonable grace period in writing with a threat of refusal and, after its unsuccessful expiry, to withdraw from the contract with regard to the delivery or service included in the contract. (Does not apply to custom-made products)

If the impossibility of delivery is due to the inability of a supplier, both I and the buyer may withdraw from the contract if the delivery date is exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-fulfillment, including those that have arisen up to the withdrawal from the contract, are excluded. 

5. right of revocation

You can revoke your contractual declaration within four weeks without giving reasons in text form (e.g. letter, e-mail) or by returning the goods, provided that it is not a matter of definitive commissioned work. the period begins at the earliest upon receipt of this instruction. Timely dispatch of the revocation (or the item) is sufficient to comply with the revocation period. The revocation must be sent in writing to

Lena Harms

lenharmskeramik

Perlacher Straße 1

81539 München

5. a. Widerrufsfolgen

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate us for the value of the goods; this does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a studio or at exhibitions, for example.

In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and by refraining from doing anything that could impair their value. in the case of a return shipment from a delivery of goods with a total order value of up to 40 euros, you must bear the costs of the return shipment if the delivered goods correspond to those ordered.

Excluded from this regulation are all custom-made products such as objects ordered on special customer request. A return of your ordered / delivered special production does not take place. (See also point 5.b. Exclusion of the right of withdrawal).

5. b. Exclusion of the right of withdrawal

Withdrawal is no longer possible if work has already begun on an ordered object.for custom-made products of any kind, the customer is not permitted to withdraw from the purchase contract as soon as the order has been accepted and processing has begun. An exchange is expressly excluded for custom-made products!

5.c. Goodwill

I reserve the right to retain a portion of the costs in the event of revocation as a gesture of goodwill on my part. I thus charge a so-called processing and expense fee.

6. warranty

If delivered pieces matter show any transport damage, material or manufacturing defects, or visible transport damage, please have the damage confirmed in detail upon receipt and notify me immediately by telephone (004915222611213) or by e-mail / post. The statutory warranty claims expire after 2 years. Excluded from this are damages caused by improper use, storage or cleaning of the paintings / works of art.

7. Data protection

Customer data will only be collected within the framework of the statutory provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). The data is only stored and processed for the processing and execution of an order or order processing. For the purpose of credit checks, we retrieve creditworthiness information from the company CEG Creditreform Consumer GmbH, and the forwarding of data to a lawyer / debt collection agency is permitted for the enforcement of mutual claims of the contractual parties.

8. retention of title

All goods remain our property or the property of the respective artist until full payment of the purchase price including all ancillary claims.Commission goods that we sell in the name and on behalf of friendly artists during joint exhibitions etc. thus remain the property of the respective artist until full payment.

9. exchange of vouchers

All vouchers purchased by you - including gift vouchers - are earmarked for a specific purpose and cause us to make the necessary advance payments for the respective purpose, so that an exchange for cash after acceptance of the order is no longer possible.

10. special provisions:

All activities are carried out byLena HarmsPerlacher Straße 181539 Munich

Phone: 004915222611213

11. delivery of your ceramic pieces:

Depending on the size of your object, additional forwarding, packaging and shipping costs may be incurred for any gallery transportation. We therefore recommend that you collect your works yourself or take them with you after completion. In this case, the transportation risk remains with you. In all cases you are responsible for shipping costs, with the exception of price quotations which include shipping costs.

11. a. Packaging:

I generally pack your pieces in the packaging I already have. This is due to sustainability. This doesn’t affect safety. I will pack your pieces as sourly as necessary.

11. b. Shipping:

You will be informed of the total costs (depending on the value and size of the parcel) in good time before dispatch.

The current DHL prices and surcharges apply to parcels. You will also receive shipping quotes from us, but it is always your responsibility to commission them. In this case, please arrange a collection date with us in good time.

I also send smaller consignments of cups or small vessels as parcels - valuable items with DHL plus tracking. you will receive a consignment number by e-mail after dispatch / posting, which will enable you to track the consignment.

For shipments to a third country, you are responsible for the import and customs duties on your side. If the value of the goods exceeds €1000, an export declaration must be made. The costs are borne by the customer.

*All prices quoted are final prices plus 19% VAT.

11. c. Prices / tariffs for shipping via DHL:

As parcel prices and tariffs for international shipments can also change within a short period of time, DHL offers a tariff calculator and a shipment tracking system at the following link:https://www.dhl.de/de.html

12. payment options:

invoice - bank transfer / prepayment / Paypal14. Your contact person for your request:

Lena Harms
Perlacher Straße 1, 81539 München
Tel. : 004915222611213
Homepage: lenaharmskeramik.com
E-Mail: lenaharmskeramik@web.de

14. final provisions / notes and regulations for exhibitions, loans, commissions, etc.

This General Terms and Conditions currently comply with applicable law in Germany.

should individual paragraphs not be correct or only insufficiently secured by German law, this does not mean that the entire General Terms and Conditions are invalid.

All unaffected passages remain in force and we would be very grateful for any information on the latest legal situation via our contact form.