General Terms and Conditions
Goods and services offered under the domain www.leikela.net are provided by
represented by Rahel Gorten, Eidelstedter Weg 65, 20255 Hamburg, Germany (hereinafter "leikela"). More information on the provider are to be found under Imprint on our website.
1. Scope / Definitions
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“) in their legally valid versions, respectively. Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(2) The product offerings in the Online Shop are directed to Consumers of legal age. The contractual language is English . A „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code).
(3) The right of revocation under paragraph 9 shall only apply to customers residing within the EU, ie a natural person who enters into the contract for a purpose not related to his or her business, trade or self-employed professional activity. By placing an order with leikela the customer expressly warrants to order as a consumer.
(4) Notwithstanding the right of revocation all statutory warranty rights shall apply to all consumers (international consumers and consumers residing within the EU), please see paragraph 7.
2. Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) The customer may choose products offered by leikela, especially consisting of artworks, and collect products who he wants to purchase in the so-called shopping cart by clicking the "Add To Cart" button. By clicking the "Complete my Purchase" button the consumer shall make a binding offer to purchase the relevant product(s). Before placing the order, the customer can change the details of his order at any time. The offer may only be submitted after the consumer has accepted the "General Terms and Conditions" by activating the respective checkbox.
(3) To correct and/or to modify details of his purchase, the consumer may use the “Back” button of his browser. Should a consumer wish to cancel his order, the consumer may just close our website to do so.
(4) During the Check-Out process, the customer is required to specify a complete and accurate shipping address. The customer is entitled to specify a different billing address, which again has to be true and correct.
(5) Without undue delay upon receipt of the order, we will send to the Customer by automated email a confirmation of receipt, which shall not constitute an acceptance of the order. This email details the offer made by the Customer and may be printed out by using the print function. The order shall be deemed to be accepted by us either upon subsequent (sales confirmation) acceptance of the order or by dispatching the product. The contract with the Customer shall not become effective until our acceptance.
(6) With the sales confirmation the Customer shall receive an individual tracking number issued by the shipper commissioned by leikela to ship the products ordered by the Customer. Customers are reminded that the tracking systems are operated by the shipping companies and therefore may not always reflect the actual status of ordered products.
3. Product availability / Dispatch of the Product
(1) Product availability shall be displayed transparently on the respective product pages. If certain products are out of stock, leikela can not guarantee future availability of such products.
(2) Partial deliveries of products included in the same order shall be permitted.
(3) Products that are in stock will be handed over to the shipping company within 14 business days. leikela has no influence on the average shipping time.
(4) If a product has been sold off after receiving a Customer’s order, leikela will inform the Customer without undue delay with the confirmation of receipt. If a product is permanently out of stock, leikela will inform the Customer and shall refuse to accept the Customer’s order. meaning that no contract will be concluded.
(5) If a product is temporarily out of stock after receiving a Customer’s order, leikela will inform the Customer without undue delay with the confirmation of receipt. If a delivery delay lasts longer that two weeks, the Customer shall be entitled to terminate the contract. Furthermore, leikela shall be entitled to terminate the contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order.
4. Right of retention
All products remain in the property of leikela until full payment has been received.
5. Prices / shipping costs
(1) All prices stated on our website are in cash, including value-added tax/sales tax, as well as other ensuing charges for packaging and handling and excluding shipping. All prices are specified in Euros. Any customs duties and similar public charges shall be borne by the Customer. Same shall apply for bank charges, such as exchange fees.
(2) Depending on the location of the Costumer, the VAT might be removed during the Check-Out process.
(3) Products are shipped worldwide by DHL / FedEx or UPS. If the customer is a consumer in the sense of Sec. 13 of the German Civil Code (BGB), the risk of accidental destruction and accidental deterioration of the purchased product shall only pass to the customer at handover of the product even if the object is shipped.
(5) If the Customer chooses to revocate the contract, he shall bear the routine costs of returning products.
(1) All shipments by us require advanced payment. The customer may use Credit Card, PayPal or instant bank transfer. Customer shall select the method of payment during the Check-Out process. Payments made via PayPal require a customer’s account with PayPal, which is subject to the terms and conditions of PayPal, on which leikela has no influence. When paying with PayPal, the customer’s payment methods there (credit card or bank account) will be charged with the completion of the ordering process.
(2) All payments are due immediately upon acceptance of the order. Products are shipped after receipt of payment by leikela.
(4) The customer’s obligation to pay default interest does not include leikela's assertion of further damages caused by default.
7. Warranty / Return Policy
(1) leikela can be liable for defects in accordance with the applicable German law within the legal periods specified in Section 438 of the German Civil Code (BGB).
(2) With regard to the continuous technical progress, the photographs and descriptions of the offered art works contained in our website shall be non-binding and shall therefore not constitute any expectations of the Customer with respect to any specific properties of the goods which may lead to the assumption of a material defect in accordance with section 434, clause 1, sentence 3 of the German Civil Code (BGB). leikela tries to deliver the best quality possible, but slight colour deviations between the photograph of the art work on our website and the finished art work are inevitable and shall be excluded from liability.
(3) If the product has been damaged during shipment and / or if any other defects are present, customers may contact leikela by email to service at leikela.net. Emails are processed on weekdays (Mon – Fri) during the usual business hours. We encourage our customers to describe the defect briefly and attach a photo if possible, from which the defect is apparent.
(4) leikela will try to report back – if possible – within two business days to the customer and state whether a replacement product can be sent or whether a refund of the purchase price will be made. Certain products may be out of stock, as they are no longer printed and therefore no replacements can be sent (impossibility of performance). In this case, we will notify our customers via email on the details to refund the purchase price and the return of the defective product.
(5) Additional guarantees besides the statutory warranties shall only apply, if leikela has expressly stated such guarantee in the sales confirmation for the respective product(s).
(1) The following provisions apply to leikela’s liability to Customers.
(3) leikela is always liable without limit for damages for cases of culpable injury to human life or health or personal injury, regardless of whether the injury was the fault of the registry itself, or its legal representatives or agents.
(4) Liability for loss or injury caused by ordinary negligence by violating a primary or substantive obligation (an essential contractual obligation which makes possible regular performance of the contract and which the other parry to the contract can regularly rely on) is limited to typical and foreseeable damages.
(5) The Restrictions of this paragraph shall also apply to the legal representatives and vicarious agents of leikela if claims are made directly against them.
9. Right of Revocation
Customers residing within the EU shall have the following revocation right.
As a consumer (any natural person who concludes a legal transaction that is for neither commercial nor self-employment purposes) you can revocate your contractual statement within two weeks in writing (e.g., by letter, fax, Email), without stating any reason, or by returning the goods. The period begins on the day on which you receive these revocation instructions in writing, but not before you, or another recipient named by you, have received the goods (for repeat deliveries of similar goods: not before receipt of the first partial delivery) and not before the seller has fulfilled his duty to inform in compliance with section 246 § 2 in conjunction with § 1 subsection 1 and 2 EGBGB as well as having fulfilled his duties according to § 312g subsection 1 clause 1 BGB in conjunction with section 246 § 3 EGBGB.
Punctual sending of the revocation notice or the goods suffices to ensure the cancellation deadline. Revocation shall be send to:
Eidelstedter Weg 65
Consequences of revocation
If the revocation is effective all goods and services received by both parties are to be returned and if applicable to refund the value of any use (e.g. interest). If you cannot return the received goods (either as a whole or partially) or if you are only able to return the goods in an impaired condition, you must make a substitution in value as applicable. For the surrender of goods, that does not apply if the worsening of the goods can be attributed to its inspection – approximately comparable to a similar inspection in a retail store.
Furthermore, you may avoid any duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect its value. Goods that can be packaged are to be returned at the risk of the seller.
You have to bear the cost of return delivery. Obligations to refund payments must be met within 30 days. For you the period begins with the date of sending the cancellation notice or the goods, and for the seller with the date of its receipt.
End of Revocation cautioning.
10. Data protection
(1) leikela will collect person-related data of it Costumer’s only to perform its contractual duties and will observe the rules and regulations of the German Federal Data Protection Act (“BDSG”) and other statutory requirements while doing so. Without the Costumer’s expressly consent all data will only be used to fulfill our contractual duties.
(1) German law shall apply under exclusion of the UN Sales Convention.
(2) Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.