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Terms and conditions of use
My terms and conditions of use
Terms & Conditions
Formation of Contract
Availability
Reservation of Performance for undeliverable Artworks
Price and Additional Costs
Payment conditions
Bank-Prepayment
Delivery and Reservation
Right of withdrawal
Effects of withdrawal
These general terms and conditions apply to all orders through www.ArtSpeeder.com (my Website). Please read these General Terms & Conditions carefully before ordering products from my Website. By ordering my Artworks, you indicate that you consent to the conditions below and state that you are competent to enter into legally-binding contracts and are at least 18 years old. I recognize rules that differ from these General Terms and Conditions only if they are confirmed by me in writing. That also applies to a deviation from this clause requiring written documents.
Formation of Contract
Your orders on my Website are binding offers for entering into the associated contracts to purchase with me, Dr. Roy Schneemann. I am free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until I have accepted your order. This acceptance is indicated by the shipment of the goods ordered.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions, and credit inquiry agencies. I reserve the right to refuse to accept the order if I receive a negative credit report. In addition, I reserve the right to reject orders from customers if there is a reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Availability
Products and prices are as shown on my Website. My Limited Edition Artworks are available as long as they are in stock. I reserve the right to change the Artworks offered on my Website at any time without notice and to limit the number of Artworks that may be purchased by a visitor. There is no liability for lack of Artworks in stock or for Artworks not being available.
Any commercial resale or distribution of my Artworks is strictly prohibited and please note, that after your order is confirmed, no requests to change or cancel can be considered.
Reservation of Performance for undeliverable Artworks
If the Artworks ordered cannot be delivered within 25 days following the day after your order, I may withdraw from the contract, even if I previously confirmed that I was entering into it. If I withdraw, you will be informed that the Artworks are not available and you will be reimbursed immediately for the consideration you have already provided. (Not really probable, but anything is possible :-)
Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the Artworks (or other goods or services). The price cannot be adjusted after the completion of the check-out process.
Artworks are sold by me, Dr. Roy Schneemann, who has his Online-Gallery in France. I would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
Payment conditions
The purchase price for my Artworks ordered is due when you place your order through my Website. Payment may be by credit card (by entering your card data on the Website of PayPal). You may settle my claims for payment only by using uncontested or final and unappeasable receivables.
If you pay with a credit card, PayPal reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card or PayPal refuses to make payment to me, I am not liable for delays or for failure to deliver.
Bank-Prepayment:
For orders (e.g. high order amount, Limited Editions) I offer the possibility to pay via Bank-Prepayment. Your order will be processed upon receipt of your payment into my bank account. The amount is due for payment immediately.
Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.
In case the payment amount is not transferred to my bank account within 7 banking days after receiving the order confirmation, I have the right to cancel your order.
And of course, an invoice will also be sent with your parcel.
Delivery and Reservation
The Artworks ordered are normally delivered to the delivery address you provide by Colissimo or DHL within 11-14 working days after the working day following your order. I will make efforts to deliver the goods at a specific time, but generally, I cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain my property.
Upon receipt, the shipment must be checked for accuracy and completeness.
Right of withdrawal
You, as a consumer, have the right to withdraw from our contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform me, Dr. Roy Schneemann, 7, rue de Savigneux, F-68128 Rosenau/France, e-mail: royschneemann[@]royschneemann.com, Fax: +33 972.127.326 of your decision to withdraw from our contract by an unequivocal statement (e.g. a mail sent by post, fax or e-mail). You may use my withdrawal model form on my Website but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your message concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Exceptions from the right of withdrawal EU Law Article 16:
All of my artworks are produced in limited editions and are made exclusively after an order has been placed, according to the customer's specifications. As a result, these artworks cannot be returned or withdrawn once the order has been placed.
Under EU Law Article 16, there are certain exceptions to the right of withdrawal for distance and off-premises contracts. This means that Member States cannot allow the right of withdrawal set out in Articles 9 to 15 for the following situations:
(a) Service contracts where the service has already been fully performed, but only if the consumer gave their express consent and acknowledged that they would lose their right to withdraw once the service has been fully performed by the trader and if the contract places the consumer under an obligation to pay.
(c) The supply of goods that are made according to the consumer's specifications or that are clearly personalized (as is the case with my artworks).
Effects of withdrawal
If you withdraw from our contract, I shall reimburse to you all payments received from you, with the exception of costs of delivery, without undue delay and in any event not later than 14 days from the day on which I’ am informed about your decision to withdraw from our contract. I will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
I may withhold reimbursement until I have received the Artworks or other goods back.
You shall send back the Artworks or other goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from our contract to the address listed hereafter: Dr. Roy Schneemann, 7, rue de Savigneux, F-68128 Rosenau/France, e-mail: royschneemann[@]royschneemann.com, Fax: +33 972.127.326. The deadline is met if you send back the Artworks or other goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
You, the customer has to take best efforts to send the products back in original condition with their original packaging and the return voucher must be attached to the products.
Please note that if you pay by Vouchers/Gift Cards, the amount paid can be reimbursed only as a Vouchers/Gift Cards. If partial payment is made by Vouchers/Gift Cards, the Vouchers/Gift Cards will first be recharged and then you will be credited.
My Vouchers (par ex. from your Sponsorship) and/or Gift Cards can generally not be replaced or returned.