§1 validity of the conditions 1. In the following "Ilona Varbai" is used for the portrait draftswoman of this web page as a service provider and "principal" or "buyer" for the principal or buyer of the pieces of art. 2. The in the following used concept "Commissioned work" signifies commissioned portrait drawings or other original drawings, or original paintings in these conditions. The deliveries, achievements and offers of Ilona Varbai occur exclusively on account of these terms of business. These count therefore also to all future business connections, even if they are not expressly agreed again. At the latest with the acceptance of the product or achievement these conditions count as accepted. Herewith general terms of business of the buyer, in particular shopping terms, is already contradicted, i.e. they are not recognised also if we do not contradict them again after entrance with ourselves expressly. 2. Divergences of these terms of business are only effective if we confirm them in writing. §2 offer and completion of the contract 1. The offers of Ilona Varbai are not-binding and non-binding. Notice of acceptance and all orders / orders, need to the validity of our written or distant-written confirmation. The same one counts to supplements, changes . By immediate delivery the written confirmation can be also substituted with calculation. 2. Drawings, pictures, measures and other achievements are to be understood only as approximate values and show in particular no assurance of qualities, unless, they are called in writing expressly obliging. §3 prices 1. As far as nothing else given, keeps itself engaged Ilona Varbai to the prices contained in her offers 14 days from their date. The prices called in our confirmation of order are authoritative. Additional deliveries and achievements are calculated separately. 2. The prices get on, if does not agree differently, plus packaging, transport, freight insurance, plus the value added tax valid in each case during the delivery day from camp / on production place Heidelberg. 3. Mistakes or misprints are left and not prize-obligatorily. §4 delivery time and achievement time 1. Appointments and terms of delivery are non-binding, provided that expressly in writing something else was not agreed. 2. In case of an obliging appointment assent if Ilona Varbai cannot hold the appointment blameless (e.g., illness or higher power), the principal is informed of it. In this case the principal can withdraw without information from reasons of the order. The full purchase amount and, perhaps, paid forwarding expenses refunds. 2. A delay compensation of commissioned works is excluded. §5 acceptance delay 1. For the duration of the acceptance delay of the principal or buyer Ilona Varbai is entitled to store the objects of delivery on danger and costs of the buyer. 2. During the duration of the acceptance delay the principal / has buyer to Ilona Varbai as a substitute of the originating warehouse charges without other proof per month inclusively 1% of the purchase price to pay 25.-, at most however, &. With attack of higher warehouse charges Ilona Varbai can demand the substitute of these costs against proof of the principal / buyer. 3. If the buyer at the end of an extension sedate to him the acceptance of the objects of delivery refuses or explains not to want to take the product, Ilona Varbai can refuse the fulfilment of the contract and require compensation because of non-fulfilment. Ilona Varbai is entitled how to demand damage substitute alternatively either inclusively 25% of the agreed purchase price or the substitute of the actually resulted damage of the buyer. §6 danger crossing The danger goes over on the buyer, as soon as the broadcasting has been handed over to the person explaining the transport or has left for the purpose of sending the camp of Ilona Varbai. If the dispatch is delayed itself without our fault or becomes impossible, the danger goes over in the announcement of the dispatch readiness on the buyer. A takeover agreed in the isolated case of the carriage by Ilona Varbai has no influence on the danger crossing. §7 guarantee Divergences of colour, dimensions and / or other high-class signs and achievement signs of the commissioned work / product release no guarantee rights. 3. The principal / buyer must inform us of the defects immediately, at the latest however, within one week after entrance of the delivery object, in writing. The defects which cannot be also discovered in careful check within this term are immediately to be informed of us after discovery in writing. §8 retention of title 1. The product / commissioned work remains a property of Ilona Varbai up to entire payment. 2. Device of the buyers / principal in default or he does not fulfil other essential contractual obligations culpably, is entitled Ilona Varbai to take back the product or commissioned work. §9 payment 1. The calculations are according to arrangement by cash in advance, cash on delivery, or with collection payable, untill differently agrees. The delivery occurs basically not free, i.e. to loads of the buyer by parcel service, post, etc., unless, it something else was expressly agreed. 2. A payment counts only as occurred when we can dispose of the amount. §10 Right of return 1. Ilona Varbai grants a 30-day right of return (postmark) for all portraits. 2-nd condition for the repayment that the portrait was received after a return (franked) from Ilona Varbai. Unstamped broadcastings are not accepted and do not count as a return. 3. A charge of 25% of the purchase price is raised. §11 restriction of liability Pity claims for damages from impossibility of the achievement, from positive breach of contract, from fault with contract end and from unauthorised action, are against us, as well as against our fulfilment assistants or assistants impossible, untill intentional or roughly careless action is. §12 copyrights All product, art reproductions, original drawings, paintings become to the buyer / a principal the private use, or leave only to the unique resale, i.e. he may copy this neither, nor leave other to the use. A multiple right of use needs a special written arrangement. In case of a commissioned work the principal assures that he is entitled to the use all of him to Ilona Varbai to handed over presentations. Should he not be entitled against this assurance to the use, the principal Ilona Varbai releases from all claims for damages of third. §13 personality rights The personality rights of the illustrated persons are basically protected. The ready pieces of art may be published on the Internet, as far as the buyer of these not at the latest 30 days contradicts after the preservation of the product this. If the buyer or one of the illustrated persons does not wish a publishing over the internet, he must contradict this at the latest after 30 days the preservation of the commissioned work this in writing, but he sticks for possible injuries resulted from the publication in the personality rights. §14 applicable right 1. For the terms of business and the whole legal relations between Ilona Varbai and the buyer / principal counts the right of the Federal Republic of Germany. As far as the buyer is an independent commercial agent for the purposes of the HGB, juridical person of the public right or public law special property, Heidelberg legal venue is immediate for everything from the contractual relationship or indirectly originating disputes. Nevertheless, Ilona Varbai is entitled to sue the buyer / principal in any other legal venue. Furthermore Heidelberg is a place of fulfilment as well as handing over place for the purposes of the packaging order. 2. Should single or several regulations of these general terms of business be ineffective or contain or a regulation gap, the parties to a contract commit themselves during negotiations with the purpose to enter to substitute for the ineffective or incomplete regulation with an adequate individual agreement or to complement which corresponds to the economic purpose of the artificial regulation as much as possible. The validity of the remaining regulations remains untouched of it.
|