Terms of Sale of Luba Holland
Thank you for the trust you place in us. Here are the terms and conditions that apply to your purchase, they describe the purchase process as well as your rights. If you have any questions, you are always welcome to contact us and we will be happy to explain how it works.
You can contact us from the form on the following page: https://www.artmajeur.com/lubaholland
We hope you will enjoy your purchase!
These Terms and Conditions (the "Terms and Conditions") apply when you (the "Client", the "Customer" or "you") place an order on the gallery of Luba Holland, Account ID #1247429, living at Planegg, Deutschland (the "Seller", the "Artist", "us" or "we") on the Artmajeur Art Marketplace available at https://www.artmajeur.com (the "Website").
We sell items to multiple jurisdictions and these terms and conditions are defined as global. However, depending on the jurisdiction in which you live, other mandatory legislation may also apply. We comply with these applicable laws and nothing in these Terms and Conditions shall be deemed a limitation of your compulsory rights, if such laws offer greater rights than those set forth herein.
By accepting these Terms and Conditions, you understand and agree that any order, purchase or transaction is made exclusively between the Seller and the Customer, and that Artmajeur - as a platform provider (host) Is not responsible for any content, interaction or transaction made over the counter on https://www.artmajeur.com or any artist website hosted via the Artmajeur platorm.
When you receive an order confirmation from us, your order is accepted and a purchase contract is concluded. We encourage you to save the order confirmation for any further contact with us. We may refuse a purchase order for various reasons, for example if you provide incorrect personal data and / or have a history of non-payment of debt.
You can cancel your order until confirmed. We will then refund any payment you or your payment or credit card company made for the order.
We can cancel an order if the items ordered are out of stock. We will refund any amount paid and will notify you of equivalent items if available.
All items ordered remain our property until we have received full payment.
It is your responsibility to ensure that the personal data you provide to us is correct and complete.
You are responsible for all purchases made with your login credentials. Make sure to keep the connection details secret and that no unauthorized person has access to them. Let us know if you suspect that an unauthorized person has had access to your login credentials.
The prices indicated on the website apply to orders placed on the site. All prices are displayed in the currency indicated on the website, VAT and any other tax is indicated on the order form (depending on your residence, VAT may not apply to your purchase). If nothing else is indicated on the website, prices do not include payment or shipping charges and these are given separately. Please note that local charges (such as currency conversion fees, credit or credit card charges, sales tax, customs duties, etc.) may apply depending on your Regulations. These fees are at your expense and will not be refunded.
From time to time, we may, for specific items, offer more favorable terms than those provided in these General Terms and Conditions, for example with respect to the right of extended withdrawal or free returns. These more favorable terms are only valid for a limited period until the specific items are exhausted and can be canceled by us at any time and if we do so, these general conditions will apply without modification.
PAYPAL's Buyer's protection
In partnership with PAYPAL, we propose the protection of transactions by PAYPAL. All payments made by PAYPAL are covered by buyer protection. The specific conditions for the application of buyer protection are available at: https://www.paypal.com/en/webapps/mpp/paypal-safety-and-security
Shipping and delivery
Items in stock are normally delivered within the number of working days displayed on the site. The delivery time for an order is indicated in the order confirmation. In case of late delivery, we will inform you and will continue to monitor the order. You can cancel the order if a delivery is delayed for more than 30 days and the delay is not attributable to you.
Depending on the delivery method, you may need to remove the order at a specific delivery point. You must do so within the time period specified in the delivery notice. If you do not withdraw the delivery on time, a fee may be charged and the order can be returned to us at your expense. We can also cancel the order if the delivery is not received on time.
Right to Withdrawal
You can withdraw your order by notifying us within 14 days from the day you received the ordered items. You must then send us a withdrawal notice containing your name, address, e-mail address, order number and description of the items affected by the withdrawal, for example by using the web form on the website. You must also, immediately and within 14 days from the date of notice of withdrawal, return the items removed at your expense. You are responsible for the condition of items during shipment and we strongly recommend you to send these items well packed, in good condition and in their original box and / or packaging.
When you cancel an order, we will refund the price you paid for the items returned, except the shipping charges, theses will not be refunded. Of the amount to be reimbursed, we will deduct any depreciation of the value of the items if this depreciation is due to you having processed them to a greater extent than the need to determine their function or characteristics. Shipping charges are not refunded. We will refund the amount as soon as possible and within 14 days of the withdrawal notification. We will however delay payment until we receive the withdrawn items or proof that they have been sent to us (delivery certificate). The refund will be paid with the same method of payment you used to pay for the items withdrawn, unless otherwise agreed.
Your right to withdrawal does not apply to contracts which:
relate to a service which has been fully performed, if by placing the order you have consented to commencement of performance of the service and acknowledged that there would be no right to withdrawal after performance of the service;
relate to goods or a service for which the price is dependent on fluctuations on the market which we cannot control and which may occur during the period between you receiving the withdrawn products and your notification to us of the withdrawal of the order;
relate to goods which have been manufactured in accordance with your specifications or which otherwise are clearly personalized;
relate to goods which may quickly deteriorate or expire;
relate to goods with a broken seal which are not suitable for return due to reasons of health or hygiene, and the seal has been broken by you;
relate to goods which, after delivery, by their nature, are such that they are mixed with other items so that the items cannot be separated;
relate to a sealed audio or video recording or sealed computer software and the seal has been broken by you ;
relate to individual issues of a newspaper or magazine;
relate to digital content which is supplied other than on a tangible medium, if you have expressly consented to delivery in such way and acknowledged that there would be no right to withdrawal;
relate to cultural events, sporting events, or any other similar leisure activity, food service, catering, or any other similar service, accommodation, transportation of goods or vehicle rental, where we are to provide the service on a specific day or during a specific period.
Warranty and Complaints
Some of our items can be delivered with warranties. Information on these warranties is available on the Web site or in these Terms and Conditions. The order confirmation is the guarantee certificate. Our warranties cover only original manufacturing defects and, as a result, defects resulting from or after individual changes in function and / or appearance of the items, such as rebuilding, upgrading or other items.
You may, within 2 years (or a longer period prescribed by applicable mandatory law) from the day you receive the items, file complaints about defective items in accordance with applicable consumer protection legislation. You must then send us a complaint containing your name, address, e-mail address, order number and a specification of the articles concerned by the complaint, for example by using the web form on the website. You must also file the complaint as soon as possible after the discovery of the defect. Any complaint filed within two months of the discovery of the defect will always be considered to be filed on time (up to a maximum of 2 years).
We will reimburse you for defective items in accordance with applicable consumer protection legislation and will charge for the delivery of the items. We try to make this refund within 30 days from receipt of a complaint and find that a refund must be made, but that period may be delayed depending on the nature of the item. We also endeavor to comply with the guidelines for defective articles provided by the competent national consumer protection authorities. The refund will be paid with the same payment method you used to pay the order for the items of complaints, unless otherwise agreed.
Limitation of Liability
Where applicable mandatory law does not provide otherwise, our liability is limited to direct damages and under no circumstances are we liable for indirect damages such as loss of earnings etc.
Intellectual Property Rights
The Website and all its content is owned by us or our licensors and protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information on products, services and other content may not be copied or used without our prior written consent.
We reserve the right to error on any image or typographical error on the website, such as errors in the description of articles, technical specifications, inaccurate prices or incorrect information to determine if a product is in stock. We have the right to correct any obvious mistake and, at any time, to modify or update the information on the website accordingly.
We make every effort to provide images as close as possible to the reality of the articles, however, the images on the website are provided for illustration only and their colors / layout / situation may vary significantly depending on The configuration of your browser or screen during viewing, and also depending on the layout of the environment in which you will dispose of the items once received. The images are not contractual and do not guarantee that you will be able to obtain exactly the same appearance, or the same use.
Changes to the General Conditions
We may change these Terms and Conditions at any time. We will then reload the modified terms and conditions on the website and will come into effect once you have accepted them (as part of a new order via the website or when browsing the website).
Governing law and disputes
In the event of a dispute, we shall endeavor to comply with any decision taken by the competent national authorities in the field of consumer protection.
As part of payments by PAYPAL, you agree that PAYPAL is entitled to resolve the dispute relating to the payment.
Any dispute concerning the interpretation or application of these Terms and Conditions shall be governed by and construed in accordance with the laws of the country or State in which we operate and we shall be subject to the non-exclusive jurisdiction of the court instead of our incorporation. "Non-exclusive jurisdiction" means that you may bring a claim against us in another jurisdiction if it is provided for by applicable law.
That's all! We hope you enjoy your purchase! These conditions were approved by Luba Holland on 03.10.2019, 18:25
Theses terms can be found online at : https://www.artmajeur.com/de/terms/lubaholland/current