General terms and conditions
of Frank Lüdtke – independent artist
Conclusion of the contract
(1) The presentation of the goods in the online-shop and/or the online-gallery do not represent a binding offer to the conclusion of a contract.
(2) The contract is accomplished through an order of the client (offer) and the following acceptance by Frank Lüdtke. The acceptance is carried out by delivering the goods to the client, in so far the purchase is not accomplished through the online-shop. Upon purchase though the online-shop Frank Lüdtke sends an email to the client after the transmission of the order which affirms the entry of the order and its details (fulfilment confirmation). The fulfilment confirmation does not represent an acceptance of the order by the client. The acceptance is accomplished upon purchase through the online-shop by another email to the client in which the shipping of the goods is confirmed (shipping confirmation).
(3) Frank Lüdtke is able to decline a conclusion of contract.
Right of withdrawal for distance-selling-contracts
(1) Upon an exclusively through usage of distance-communication-instruments like e.g. email or online accomplished contract the client has the right to withdraw his declaration of will on the contribution of the order within 14 days after receipt of the goods towards Frank Lüdtke without declaration of reasons. This respite begins at the earliest with the receipt of the goods and the cancellation-instruction in text form as e.g. via letter, fax or email. The cancellation must be in text form as e.g. via letter, fax or email or by sending the ordered goods back. To ensure the right of cancellation the timely dispatch of the cancellation or the goods is sufficient. The cancellation are to be addressed to:
(2) Is the cancellation not accomplished by reshipment of the goods the client is obliged to immediately send back already received goods to Frank Lüdtke if the goods can be sent by packet. The reshipment is done on cost and risk of the client.
(3) The client has to make a value compensation for a through destined usage occurred impairment as well as another impairment represented by him, a demise or other impossibility of return. This does not apply if the impairment is exclusively a result from inspection of the goods – as would be common in brick-and-mortar-stores. The client can avoid the duty of value compensation if he does not takes it in use like a proprietor and refrains from everything that impairs the value.
(4) A cancellation right after § 3 para. (1) does not exist upon shipment of goods that have been manufactured according to the clients specifications or have been clearly tailored to the requirements of the client.
Shipment and delivery costs
(1) Frank Lüdtke is eligible to resign from the purchase contract if a supplier of Frank Lüdtke does not deliver ordered goods contrary to his contractual obligation with Frank Lüdtke. Frank Lüdtke will immediately inform the client about the unavailability of the ordered goods and will immediately refund possible by the client payed emoluments.
(2) The risk will pass over to the client upon passing over the goods to the company assigned with the transport.
(3) If nothing deviant is agreed upon the client bears the shipping costs according to each valid price table if he does not pick up the goods from Frank Lüdtke. In the order process in the online-shop the shipping costs are shown. Upon shipping to foreign countries accumulated tolls, taxes, charges and similar as well as costs for by the client requested special shipping procedure and special packaging are beared by the client.
(4) Frank Lüdtke reserves himself the right of partial delivery as far as this is not unreasonable for the client. Additional costs through partial delivery are beared by Frank Lüdtke.
Prices and payment conditions
(1) All in the online-shop of Frank Lüdtke, in the shipping confirmation or other declared prices are inclusive each in Germany valid legal VAT. If an increase of VAT occurs after the order (contribution of offer) the compensation to be payed by the client does not change.
(2) The client may pay via PayPal. The payment methods and possible connected costs upon shipping to addresses outside of Germany will be communicated upon request or can be taken from the online-shop.
(3) The amount invoiced has to be paid in advance without reductions.
Reservation of proprietary rights
(1) Frank Lüdtke stays sole proprietor of the goods until complete payment of the compensation.
(2) If the compensation is not fully payed by the client, Frank Lüdtke is obliged to resign from the contract after setting an adequate additional respite and its successless expiration. After the cancellation Frank Lüdtke will take back the goods and if need be will demand assignation of delivery claims of the client toward third parties.
Defects in goods
(1) Frank Lüdtke accounts responsible after measure of the following regulations that the performance are free of defects at the date of the risk transfer. A good is considered “with defects”, if it does not fulfil the technological standards of digital photography development and editing.
(2) Defects in goods are resolved by Frank Lüdtke within adequate respite (supplementary performance). This takes place through elimination of the defect (subsequent improvement) or through free of defect performance (shipping of free of defect goods – compensation delivery). Should no compensation delivery be possible, the customer is entitled to demand the cancellation of the contract.
(3) The responsibility of Frank Lüdtke does not apply if the client changes the goods without the permission of Frank Lüdtke or lets it change by third parties unless he provides the evidence that the defect was neither wholly nor partly caused by the changes and that the subsequent improvement is not aggravated by the change.
(4) Frank Lüdtke does not take responsibility for defects that arise through normal abrasion, external influence or improper use.
(5) Compensation for defects for the client does not exist if the client does not indicate obvious defects within a respite of 14 days to Frank Lüdtke after receipt of the goods. To comply with the time limit the timely dispatch is sufficient.
(6) Reasons for claims are only technical defects and not perspectives of taste. Defects which are due to inexact or insufficient statements at the time of placement of the order are exempt from any claims.
(1) Frank Lüdtke is liable to compensation according to the legal clause for personal injuries, damages according to the product liability law, damages through guileful behaviour or damages through intent or gross negligence of his legal agents or auxiliary persons. For other damages Frank Lüdtke is liable – in so far nothing else arises out of a warranty taken on by Frank Lüdtke – according to the measure of following regulations:
(a) Frank Lüdtke is liable to compensation limited to the amount of the contract-typical, predictable damage for damages arising out if a light negligent breach of essential contractual obligations or cardinal obligations. Cardinal obligations in the sense of this regulation span besides the main contractual obligations (shipping and transfer of ordered products) also obligations whose fulfilment initially makes the proper realisation of the contract possible and on whose compliance the client may regularly trust.
(b) For the rest any liability of Frank Lüdtke is excluded.
(2) The data communication with the internet is with the actual condition of the technique not error-free and/or available at all times. Frank Lüdtke is neither liable for the constant and continuous availability of the online-shop nor for technical or electronical errors during a business transaction on which Frank Lüdtke does not have influence, especially not for the delayed handling or acceptance of offers.
(3) The limitations of liability are valid also for the personal liability of the legal agents, auxiliary persons and employees of Frank Lüdtke.
Data protection and inquiry of creditworthiness
(1) Frank Lüdtke uses the by the client communicated individual-related data (name, address, email address, phone number, fax number, website, order related information e.g. size information) according to the regulations of the German data protection rights.
(2) All individual-related data is handled strictly confidentially. The for the business transaction necessary individual-related data is stored by Frank Lüdtke and is used for the processing of orders, the delivery of goods and the processing of payments as well as passed on to cooperation partners and shipping companies for this purpose. Furthermore data is used for own marketing uses. Upon data processing the legitimate interests of the client are considered according to the legal regulations.
(3) The client may contradict the usage and processing of his data for marketing purposes at any time with a notice to: Contact@LivingGallery.eu, and revoke an agreement he may has given.
Charging / withholding / assignation
(1) The client may only charge up because of own claims if his claims are legally binding ascertained, unchallenged or accredited. A lien is excluded in so far it is based on claims out of another contractual relation.
(2) The assignation of claims against Frank Lüdtke is excluded.
(1) The privity of contract of the client towards Frank Lüdtke underlies the laws of the Federal Republic of Germany under exclusion of the UN sales law from the 11th of April 1980 (Vienna CISG agreement).
(2) If the client is a merchant, does not have a general court of jurisdiction inland, after conclusion of the contract has changed his residence or normal domicile abroad or no residence or normal domicile is known at the date of ascertainment of a claim the place of jurisdiction for all disputes is the residence of Frank Lüdtke, D-45470 Mülheim an der Ruhr, Germany. Frank Lüdtke is however entitled to sue the client at his residence.