Terms & Conditions.
Unfortunately, we too can’t do without some small print. After all, we are dealing with sophisticated and sensitive works of art. We would start by pointing out that photographs are always dependent on environmental influences: their appearance and color can change and fade. To ensure you keep enjoying our works of art, you should not expose photographs, laminations or frames, either in art or in full, to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room. Photographs, laminations and frames are therefore not suitable for external areas, cellars, bathrooms or kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection. The contractual partner and user of these Terms & Conditions is ImageGallery / Harborside Cir 150 / Columbia, SC 29229 / USA
Our terms and conditions have been drafted to regulate the business relationship between you and us and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following General Terms and Conditions of ImageGallery., and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us. You can read the terms and conditions right here.
The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Add to Cart” button are summarized again for you in an order overview at the end of the order process. Here you can review the various information provided during the order process and add to or correct it by clicking the “Change” button. By clicking the button “Place Order”, you send your order details and make a binding declaration to ImageGallery that you want to purchase the products listed there (Offer). We automatically accept your offer upon receipt of your order. Directly after sending the order, you will receive an email with an order and contract conformation, in which the details of your order are listed again. The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, ImageGallery recommends printing out the order details and the General Terms and Conditions applicable at the time of order. The contractual language is English. Please note that we sell all products in small quantities only.
Returns/Cancellations: Please note that artworks with custom mounting/framing (“select a custom presentation”) as well as unmounted/unframed photo prints are excluded from the right to cancellation/withdrawal, as they are custom-produced to your individual specifications. Custom products are excluded from the right to cancel according to Section 312, Paragraph 2, No. 1 of the German civil code. Please contact our Customer Service for more information. However, that does not wave your right to return damaged products. If you need to return a product, please contact us upfront via our contact page.
Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 5-15 workdays, depending on the finishing.
Liability: Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Website, Products, Services, and/or the Contents thereof, or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received from you during the twelve (12) month period immediately prior to the date the damages first occurred.
Warranty: Unless expressly agreed otherwise, statutory warranty rights shall apply. The statutory warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge. If you as orderer are a company according to Section 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.
By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print.