Terms & Conditions
1. Validity of the general terms and conditions
The following conditions regulate solely the legal relation between Ibaaho-art GbR as the owner of chessboardart.com (furthermore seller) and the buyer. Contrary or deviating conditions to this terms and conditions will not be accepted and specifically disagreed by Ibaaho-art GbR (owner of chessboardart.com). Opposing trading conditions of the customer are only valid if Ibaaho-art GbR as the owner of chessboardart.com agreed to these specifically and in writing.
2. Conclusion of Contract
An obligatory order is supplied with confirming your payment at paypal.com. The confirmation of the order will follow after sending the order. A valid and binding contract shall be concluded only upon either our written confirmation of the Buyer's order or, where no such confirmation is given, the delivery of the goods. The contents of the contract shall be determined by our written confirmation, in case of delivery without prior confirmation, our delivery note shall be deemed as being such written confirmation. Oral statements are in any case notbinding. Subsequent changes of already entered orders are only possible on goodwill, if the ordered painting is not ready for shipment.
3. Prices & Payments
All artworks made available for sale on the website will be sold at the price listed and no further discounts will be granted to the buyer. The price of the art work listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the shipping address provided by the buyer. The shipping costs will be displayed during the order process. The diplayed prices might be changed anytime by Ibaaho-art GbR as owner of Chessboardart. The billing amount is payable by Paypal. The information provided during the order process or ammended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the artworks. The buyer agrees that the buyer is liable for any duties and taxes that might be applicable on the purchase and such charges shall be payable in addition to the price of the artwork.
You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
4. Delivery & Shipping
Where delivery dates or times are not expressly declared as fixed in our written order confirmation but are to be regarded as estimates, the Customer may set a reasonable and final time limit for delivery two weeks after expiry of the approximate deadline. We are only in default after expiration of such final time limit. Time periods for delivery do not begin to run until the Customer has procured the documents he may be obliged to provide or until he has paid the billing amount.
In cases of force majeure, for example operational disturbances or breakdowns, delay in transportation, measures taken in the course of industrial action, and in cases of incorrect, delayed or non-delivery by our own suppliers, irrespective of its cause (reservation of self-supply), and in any other case of insufficient performance for which we are not responsible, we shall be entitled to extend the delivery period for the duration of the obstruction and for a reasonable period thereafter to reinstate works. If it is foreseeable that the inability to perform will be of permanent nature, we are entitled to refuse the delivery completely or in part. In that case the Customer is not entitled to any damage claims. He is no longer obliged to fulfill his contractually agreed counterperformance and any advance payments will be returned.
Following shipping fees apply:
- Europe I: 25,00 US$
(This includes the following countries:)
- Europe II: 45,00 US$
(This applies for following countries: )
- USA: 45,00 US$
- World: 52,00 US$
This applies to all other countries
Due to the special pricing structure a withdrawal is not possible.
6. Retention of title
The delivered painting remains in the property of Ibaaho-art GbR as the owner of chessboardart.com up to the final payment.
7. Limitation of Liability
The Seller guarantees that the goods are in accordance with the specifications given with the order confirmation. Any other liabilities are excluded, unless otherwise specified by law. All information given by the Seller with regards to the suitability, usability and processing properties of his products are not binding and they do to not release the Buyer from conducting his own tests and examinations. In the event of any damage caused during transportation and any obvious damage to the packing, the Buyer has to make a reservation in writing on the delivery note or on the bill of freight and the Seller has to be informed in writing immediately. If the damages are insignificant the Buyer has no right to withdraw from the contract.
The Customer shall examine the goods immediately upon receipt at the place of destination, also if models or samples were delivered in advance. The goods are to be particularly examined with respect to their external quality. If boxes, cartons or other containers are delivered, samples have to be taken at random. The goods shall be deemed to have been accepted without any defects, unless the Customer notifies us of any defect within ten (10) days after receipt of the goods at the place of destination or, in case of hidden defects, within ten (10) days after the defect was discovered. The notification must be made in writing or by telefax and has to specify the defect. All such notifications of defects of goods must be addressed to us. Any damages to goods in transit have to be notified immediately to the forwarding agent (post, DHL, Hermes). If a notification of defects is justified and has been made in due time we shall subsequently perform through remedying the defect or replacing the delivered goods according to our choice insofar as the Customer is a commercial businessman. If the customer is a consumer, he shall decide whether our subsequent performance shall be fulfilled through remedying the defect or replacing the goods. We are, however, entitled to refuse the chosen subsequent performance if such performance can only be rendered at unreasonable expense and the other way of subsequent performance is still available to the Customer without any substantial disadvantage to him. For any claims based on misconduct, irrespective of their legal basis, e.g. default, delivery of defective goods, violation of contractual duties, violation of duties during contractual negotiations, torts, product liability (with the exception of the liability under the German Product Liability Act, "Produkthaftungsgesetz"), we can be held liable for damages in case of a wilful act or gross negligence only. We are not liable for negligent conduct of a minor degree, unless the contractual purpose is thereby substantially endangered. In any event, our liability shall be limited to foreseeable and typical damages. This restriction does not apply to injuries suffered by the Customer to his life, body or health. Personal liability on the part of our statutory representatives, persons engaged in performance of our contractual obligations or employees for damage caused by them by negligent conduct of a minor degree is excluded.
8. Personl Data Protection
All personal information is kept confidential and the Seller does not share any confidential information regarding its Customer with any third parties, except what is specified in the “Assignment” clause. Chessboardart will only collect personal information when it is necessary in order to guarantee smoother service, to complete a purchase, to provide proof of purchase, to assist sales analysis and inventory-taking, or for other essential reasons. Chessboardart guarantees that it will not share any personal information received from the Seller with any other third parties.
9. Place of Jurisdiction – Place of Fulfillment – Choice of Law
Place of fulfillment for all services is the place of business of Ibaaho-art GbR as the owner of Chessboardart in Roedermark.
For all business and legal relations between the parties the law of German shall apply.
As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Senftenberg is the place of general jurisdiction. In such case, Ibaaho-art GbR as the owner of Chessboardart is also entitled to sue the customer according to the opinion of Ibaaho-art GbR at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action. Any alterations and amendments to the contract, including this clause, must be made in writing and signed in order to be valid. This shall also apply to any supplementary and additional agreements.
If one or more of these general terms and conditions of sale are or become ineffective, this contract generally remains effectual. The ineffective conditions shall be replaced by such provisions that are covered by applicable law.