Terms & Conditions
Contractual conditions in the context of purchase contracts at BLACK BOX GALLERY®“
BLACK BOX GALLERY® GmbH
Lauterbachstraße 77 1/2
T. +49 (0) 800/126 21 21
– hereinafter referred to as “provider” –
the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customer”.
§ 1 Scope
For the business relationship between the provider and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the offerer and collect these over the button into the shopping cart in a so-called shopping cart. With the button “Buy now” he makes a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at BLACK BOX GALLERY®” by e-mail, in which the customer’s order is listed again and the customer via the function “Print” can print. The order of the customer (1) represents the offer to conclude the contract with the respective contents of the shopping cart. The acknowledgment of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the languages: German.
§ 3 delivery, product availability, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Åland, Albania, Algeria, Andorra, Angola, Antarctica, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei, Bulgaria, Burundi, Cambodia, Cameroon, Canada , Cayman Islands, Central African Republic, Chile, China, Colombia, Comoros, Cook Islands, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, French Polynesia, Georgia, Germany, Ghana, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guinea, Haiti, Honduras, Hong Kong, Hungary, Iceland, Indi Indonesia, Iran, Republic of Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Laos, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Martinique, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russia, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, Sweden, Switzerland, Taiwan, Tanzania , Thailand, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States of America (USA), Uruguay, Venezuela, Zimbabwe.
(4) The customer can make the payment by cash in advance (bank transfer), cash on delivery, Sofortüberweisung, PayPal Plus.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment.
§ 4 Retention of title
Until the full payment of the purchase price, the delivered goods remain the property of the provider.
§ 5 prices and shipping costs
(1) All prices, which are indicated on the website of the offerer, are inclusive of the valid legal value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise any right of withdrawal.
(3) In the event of a cancellation, the customer shall bear the direct costs of the return.
§ 6. Processing of orders & sales, rights of use
(1) With the full payment of the agreed fee, the customer acquires the rights to use all of the work and/or products produced by us within the scope of this order for the contractually agreed duration and to the contractually agreed extent. The rights of use apply to use in the territory of the Federal Republic of Germany. Uses that go beyond this area require a written agreement within the scope of the order or a separate written ancillary agreement. Rights of use to work and/or products that have not yet been paid for at the end of the contract remain with us, subject to other agreements made.
a) The provision of 6.1 is also deemed to have been agreed if the level of creation required by copyright law has not been reached.
b) Unless otherwise contractually agreed, we transfer to the customer the rights of use required for the respective purpose. Unless otherwise agreed, only a simple right of use is transferred. In any case, even if we have granted an exclusive right of use, we remain entitled to use our work for self-promotion.
(2) Our work and/or products may not be changed by the customer or third parties commissioned by the customer, either in the original or in the reproduction. Any imitation, including parts of the work, is not permitted. In the event of infringement, we are entitled to a claim for damages of at least 2.5 times the originally agreed fee.
(3) We may sign the advertising material we have developed appropriately and in a way that is customary in the industry and publish the order placed for self-promotion. This signing and advertising use can be excluded by a corresponding separate agreement between us and the customer.
(4) We have a right to information about the scope of use.
(5) Competition law, trademark law and copyright checks are only carried out if this has been expressly agreed and is remunerated separately. Otherwise, checks with regard to infringements of property rights are not reasonable for us
§ 7 Material defect warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. He observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 10 Final Provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.