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Terms and Conditions

Terms & conditions

Advise:

Works of art are always affected by environmental influences. Even though modern production techniques and colours are much more resistant, their appearance and colouring can change depending on local conditions. To ensure that you can enjoy your works of art for a long time to come, you should not expose them to direct sunlight, hang them over heaters, or expose them to excessive humidity.

General Terms and Conditions KENSINGTON ART GmbH

Contractual partner and user of these general terms and conditions is

Mutter-Ey-Platz 1
40213 Dusseldorf

Phone: +49 (0) 211 862 917 16
E-Mail: info@kensington-art.net

Our terms and conditions aim to regulate the business relationship between you and our company in a binding and fair manner. An order confirmation and a contract is therefore always subject to the following general terms and conditions of KENSINGTON ART GmbH. You can view the terms and conditions here.

General Terms and Conditions

  1. Scope of application

The following terms and conditions apply to all order confirmations by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity, acting in exercise of a commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.

  1. Contracting party, conclusion of contract

The sales contract is concluded with the artist.

The presentation of the products on the platform is not a legally binding offer, but a non-binding online catalogue. You can request our products without obligation at first. Only by signing and dispatching the sales contract do you submit a binding order confirmation of the goods.

After you have sent your order confirmation, we will send you an email confirming receipt of your order confirmation by us and listing its details. This order confirmation does not represent an acceptance of your offer but is only intended to inform you that we have received your order confirmation. The acceptance of your order comes into effect upon dispatch of the goods.

  1. Contract language, contract and order confirmation

The language available for the conclusion of the contract is German or English.

We save the contract and the order confirmation and send you the order data and our terms and conditions by email.

  1. Terms of delivery

Shipping costs are added to the stated product prices. More information about the shipping costs is available on request.

We only deliver by post. Collection of the works and goods is unfortunately not possible.

We do not deliver to packing stations.

  1. Payment

The following payment methods are available to you:

Prepayment – If you choose the prepayment method of payment, we will send you our bank details in a separate email and deliver the goods following receipt of payment.

 

  1. 6. Retention of title

The goods remain our property until full payment has been received.
For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale to us in advance – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

  1. Transport damages

This applies to consumers:
If goods with obvious transport damages are delivered, please make a complaint regarding such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or to contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. You will therefore help us to be able to assert our own claims against the carrier or the transport insurance company.

For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you fail to make any notification at the time of delivery, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

  1. Warranties and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. Statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents:

  • within the framework of a guarantee promise, if agreed
  • in the event of intentional or grossly negligent breach of duty or fraudulent intent
  • in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • in case of injury to life, body or health
  • as far as the scope of application of the product liability law is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

  1. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

  • in the event of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract, and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

  1. Dispute resolution

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here: https://ec.europa.eu/consumers/odr/.
We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer dispute resolution agency.

  1. Final provisions

If you are an entrepreneur, then German law applies under exclusion of the UN sales law. If you are a merchant in line with the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Cancellation policy

Consumers have a 14-day right of withdrawal.

Right of revocation

You have the right to revoke this contract within fourteen days without giving reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.

In order to exercise your right of revocation, you must inform us (Kensington ART GmbH, Mutter-Ey-Platz 1, 40213 Düsseldorf, Tina Lüngen, Germany, info@kensington-art.net, phone: +49(0)211-86291716) by means of a clear statement (e.g. an email or letter sent by post) of your decision to revoke this contract.

Consequences of revocation

Consequences of revocation

We will collect the goods. We will bear the cost of returning the goods. You will only be liable for any loss of value of the Goods if such loss of value is due to handling of the Goods which is not necessary to examine their condition, properties and operation.

The right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Tue ‒ Thu: 09am ‒ 07pm
Fri ‒ Mon: 09am ‒ 05pm

Adults: $25
Children & Students free

673 12 Constitution Lane Massillon
781-562-9355, 781-727-6090