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 colour can change and fade. To ensure you keep enjoying our works of art, you should not expose photographs, laminations or frames, either in part 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 momentum,
PO box 420231
12062 Berlin
Tel.: +49 (0)30 6650 8230
E-Mail: info@momentum4art.com
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 momentum, 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.
Section 1: Scope
The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between momentum, here acting under the brand momentum4art (in the following ‘MOMENTUM’), and the orderer. MOMENTUMshall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by MOMENTUMin writing.
Section 2: Conclusion of contract
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 basket” button are summarised 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 “Buy now”, you send your order details and make a binding declaration to MOMENTUMthat 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, MOMENTUMrecommends 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.
Section 3: Cancellation
You have the right to cancel this contract within 30 days without giving any reason.
Please note that sales are final for any works with a “Custom Finish” selected by you, as these pieces are 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.
The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, if you have ordered one or more goods as part of a single order and the Goods or goods are delivered in a single delivery
or
on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately.
In order to exercise your right of withdrawal, you must inform us, the
momentum
PO box 420231
12062 Berlin
Tel.: +49 (0)30 6650 8230
E-Mail: info@momentum4art.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within 30 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or you have provided evidence that you have sent the goods back, whichever is earlier.
You must return the goods immediately and in any case no later than 30 days from the day on which you informed us of the cancellation of this contract in the original packaging. The deadline is met if you send the goods before the deadline of 30 days has expired. You bear the direct costs of returning the goods for orders.
As a rule, the goods cannot be returned by normal post.
Please contact customer service for more information: info@momentum4art.com
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
You have the following right of cancellation for all online orders of prefabricated works (in the presentation specified by MOMENTUM):
Statutory right of cancellation:
Information regarding cancellation
Right of cancellation
You have the right to cancel this contract without reason within fourteen days.
Section 4: Delivery
Unless otherwise agreed, delivery will be made from the warehouse to your address or to the delivery address you have specified. The delivery time is approx. 14 working days within Germany and approx. 14 days abroad.
Section 5: Edition Certificate with signature
For organisational reasons, MOMENTUMmay also send the orderer the Edition Certificate with the artist’s signature and the edition details separately – and subject to a delay. In this case, the cancellation period shall only start after receipt of the Editions Certificate with signature. If you exercise your right of cancellation, you must also immediately return the unused Edition Certificate. The purchase price shall not be refunded without receipt of Edition Certificate. The right of cancellation shall lapse if the Edition Certificate is used on the work of art, the frame, the lamination or elsewhere.
Section 6: Prices, due date and payment, default
The prices online do include VAT theshipping costs are not included and , added separately. Information about the shipping costs is contained in Section 7 of these Terms and Conditions.
You can find our currently offered payment options and the conditions of their use when purchasing in our online shop.
Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, MOMENTUMshall have the right to demand an administration fee of €5.00 from the orderer.
If you are in default, MOMENTUMreserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, MOMENTUMcan charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, MOMENTUMreserves the right to assert claims in respect of these.
In the above cases you are entitled to prove that no costs were in fact incurred by MOMENTUMor that these costs were less than the flat-rate fees stated above.
Section 7: Shipping costs
MOMENTUM calculates the following shipping costs for deliveries within Germany:
Longest edge (cm) Standard delivery Premium delivery service
0 - 30 € 6.00 -
31 - 60 € 9.90 -
61 - 99 € 9.90 -
100 - 124 € 14.90 -
125 - 200 € 34.00 plus € 73.00
201 - 279 € 106.00 plus € 89.00
With standard shipping, we deliver the goods in special art packaging to the address you specified within 14 days.
In the case of mixed orders, the flat rate for the largest image will only be charged once.
Delivery outside of Germany: Please select the desired delivery country when ordering, the costs will be displayed accordingly.
Section 8: Offsetting, retention
You only have the right to offset if your counterclaims are legally upheld or are acknowledged by MOMENTUM. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.
Section 9: Retention of title
Until full and final payment, the delivered goods shall remain the property of MOMENTUM.
Section 10: Liability
Within the scope of statutory provisions, MOMENTUMis liable for damages without restriction.
(a) relating to loss of life, physical injury or damage to health which is due to wilful or negligent breach of duty or is otherwise due to wilful or negligent conduct by MOMENTUMor one of its legal representatives or vicarious agents;
(b) which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;
The liability of MOMENTUMshall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by MOMENTUMor one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.
The above provisions shall apply accordingly to the liability of MOMENTUMin respect of reimbursing futile costs.
Liability under the Product Liability Act shall remain unaffected.
Section 11: Warranty
Unless expressly agreed otherwise, statutory warranty rights shall apply.
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.
Section 12: No granting of rights
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.
Section 13: Collecting, processing and using personal data
All regulations for the protection of your data can be found under Privacy.
Information pertaining to Online- dispute resolution according to article 14 (1) ODR Regulation and §36 and §37 VSBG:
The European Commission provides a platform for online-dispute resolution (ODR), which you can find under http://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure involving a consumer dispute resolution association/organization and therefore will not participate in such.
As of November 9, 2021