1. www.artundantik.eu is the internet platform of Art & Antik (in the following also: the Seller).
2. The items offered for sale on the website - a virtual show-room - can be purchased according to the following procedure:
1. If a user is interested in buying an item, he can contact the Seller by Email.
2. The Seller will contact the potential Buyer by Email - or, if requested - by other methods of communication - and shall confirm the enquiry in case the item is still available, and shall inform the Buyer about the conditions under which the item can be purchased.
3. If the Buyer reconfirms the offer per Email or by other methods of communication, the Parties - the Seller and the Buyer - thereby enter into Contract. Modifications to the Seller's offer requested by the Buyer have to be confirmed expressly in writing by the Seller to the Buyer (per mail, fax or Email) in order to become valid.
3. Unless expressly agreed otherwise in writing, i.e. unless confirmed by the Seller, there will be free delivery on advance payment, customer's collection of the item(s) at the Seller's premises by a haulage (shipping) contractor or the Buyer himself. The risk of damage or loss shall pass to the Buyer when the item is handed over to the haulage contractor or the Buyer. If requested by the Buyer, the Seller shall - under no liability - arrange for a haulage company, which will be engaged on the Buyer's behalf and to the Buyer's account.
4. The Buyer hereby accepts that Art & Antik does not sell new articles. The items on offer are in the condition shown on the pictures. Selling on Caveat Emptor (let the Buyer Beware) - also for latent defects - except for guaranteed qualities and for deliberate concealment of defects by the Seller). Qualities are regarded as guaranteed only if the Parties have agreed on in writing. Illustrations of and information about each item are generally only descriptive and do not represent guaranteed qualities.
5. If the Buyer fails to make any payment on the due date - within ten (10) working days from the date the Contract was entered into - the Seller shall be free to sell the item elsewhere. In this case, the Buyer cannot claim for damages. However, the refund of the purchase price paid by the Buyer is not affected by this exclusion.
6. Art & Antik is liable for traders only if those are accused of Intention or Gross Negligence. The Sellers are liable for vicarious agents only in case of Intention or in case the agents infringe deliberately or grossly negligently essential contractual obligations. Except for Intention or Gross Negligence by the Seller or his or her vicarious agent(s), the Seller shall be under no liability for the compensation for consequential damage, in particular for lost profits. Except for Intention and Gross Negligence by the Seller, the latter is liable for damages typically foreseeable at the time both Parties entered into Contract.
7. The Seller is liable for the consumer only in case of Intention and Gross Negligence. In case of breach of essential contractual obligations, in case of debtor's delay or in case of any failure to perform which is to be proved by the Seller, the Seller is liable for the culpable behaviour of his or her members of staff and the vicarious agents. Except for Intention and / or Gross Negligence by the Seller or his or her vicarious agents, the liability is limited to the amount of typically foreseeable damages at the time both Parties entered into Contract.
8. The exclusion of liability mentioned above and the restrictions fixed for traders and consumers are not applicable in case of acceptance of explicit guarantees, in case of damages resulting from injury to life, body or health as well as in case of compulsory legal regulations.
9. If the user is a trader, the Contract for the Transfer of Use and Enjoyment, including these General Terms and Conditions of Business, is subject to the substantive law of the Federal Republic of Germany - thus excluding the UN sales law. If the user is the consumer, the Contract for the Transfer of Use and Enjoyment and the General Terms and Condition of Business are subject to the Law of the Federal Republic of Germany, in case there are no compulsory legal obligations, in particular consumer protection regulations. If the client is a salesman according to the HGB (German commercial code), then Saarbrücken, Germany, shall be the exclusive jurisdiction for all disputes arising from the business relation.
10. Art & Antik reserves the right to modify the General Terms and Conditions of Business at any time without justifying. The modified conditions will be sent to all registered users per Email within two weeks before modifications will come into effect. If the user does not oppose to those General Terms and Conditions of Business within two weeks following the date of receipt, those terms are considered as accepted.
11. If one single term of the General Terms and Conditions of Business is invalid, the remaining terms are not affected thereby. The invalid term shall be substituted by one which is the closest in a legally effective way as well as legally and economically to the content and purpose of the invalid term. This also applies to eventual loopholes in law.

Cancellation information

You may cancel your declaration of contract within one month in writing (e.g. by letter, fax, e-mail) without stating a reason, or by returning the goods if you have taken receipt of them before expiry of the one month period. The cancellation period begins after receipt of this information in written form, but not until the goods have been received by the recipient (or in the case of recurring delivery of similar goods, not until the first partial delivery has been received) and also not until we have complied with our obligation to provide information in accordance with article 246 sec.2 in conjunction with sec.1, paras. 1 and 2 EGBGB (Ordinance on the Requirements for Information and Clear Documentation in Civil Law) and our obligations pursuant to BGB (German Civil Code) sec. 312e, para. 1, sentence 1 in conjunction with article 246 sec. 3 EGBGB. The cancellation period shall be deemed to have been observed if the notice of cancellation or the goods are dispatched before the period expires.

Notice of cancellation should be sent to:

Art & Antik
Irene Heinrich-Maurer
Obertorstrasse 1
66111 Saarbrücken

contact@artundantik.eu

In the event of effective cancellation, any goods, services and payments received by the parties shall be returned and any emoluments taken (e.g. interest) shall be surrendered. In the event that you are unable to return the goods or services received in full or in part, or if the goods are returned in an inferior condition, you shall be obliged to provide compensation for lost value. This shall not apply if the deterioration in the condition of the goods has been caused solely by your inspection of the goods – as would have been possible, for example, in a retail shop. You shall not be obliged to compensate for loss of value for any deterioration in the condition of the goods that results from using the goods for their intended purpose.

Goods that can be dispatched as a package/parcel shall be returned at our risk. You shall bear the costs of return if the goods supplied correspond to those ordered and the price of the goods to be returned is not more than €40 (in words: forty euros), or, if the price of the goods to be returned is higher, you have not at the time of cancellation already paid for the goods or have not made a contractually agreed part payment. In all other cases, you will incur no charge for returning the goods. Goods that cannot be dispatched as a package/parcel will be collected from your address. Obligations to reimburse payments shall be fulfilled within 30 days. This 30-day term begins for you when you dispatch either your notice of cancellation or the goods; in our case, the term begins when we receive your notice of cancellation or the returned goods.

End of information on cancellation