Unfortunately, we too cannot avoid the so-called « small print ». After all, we deal with sophisticated and sensitive works of art. Our terms and conditions aim to regulate the business relationship between you and us binding and fair. Basis of an order and a contract are therefore always the following terms and conditions of Unlimited Muse, whose knowledge and inclusion you acknowledge and confirm with an order with us. You can see the terms and conditions at this point.
§ 1 Area of application
For the business relation between Unlimited Muse, and the orderer the following general terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer do not recognize Unlimited Muse, unless Unlimited Muse would have agreed expressly in writing to their validity.
§ 2 Conclusion of the contract
Your order represents an offer to us to the conclusion of a sales contract. If you place an order with Unlimited Muse, we send you an e-mail which confirms the entrance of your order with us and lists its details (order confirmation). This order confirmation is not an acceptance of your offer, but is only to inform you that we have received your order. A sales contract is only concluded when we ship the ordered product to you. No sales contract is concluded for products from the same order that are not listed in the shipping documents. Please note that we sell all products only in household quantities.
§ 3 Revocation, returns
Since all works are made individually for you only after your order, a right of withdrawal is excluded. Please note that goods that are made individually according to your wishes (custom-made) are excluded from the right of withdrawal (see § 312 d para 4 No. 1 BGB: « (4) The right of withdrawal does not exist, unless otherwise specified, in distance contracts 1. for the supply of goods that are made to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their nature. »).
In the case of digital content, they hereby waive their right of withdrawal: I expressly agree to the execution of the contract before the expiry of the withdrawal period. I understand that the right of withdrawal expires at the beginning of the execution of the contract.
§ 4 Delivery
Unless otherwise agreed, delivery shall be ex warehouse to the address of the purchaser or to the delivery address specified by the purchaser. Information about the delivery time is not binding, unless exceptionally the delivery date has been bindingly promised.
The purchaser shall immediately inspect the goods for damage and notify the carrier thereof before acceptance. If obvious damage is present and is only noticed after acceptance, the buyer must notify us of this within a period of 5 days after acceptance. If the buyer fails to do so, the assertion of claims for such obvious damage is excluded.
§ 5 Edition certificate with signature
For organizational reasons Unlimited Muse can send the edition certificate with signature of the artist and the edition details separately to the customer – also time-delayed – without affecting the revocation period. If the customer should make use of his right of revocation, he will send back the unused edition certificate immediately as well. Without the receipt of the Editions Certificate, no refund of the purchase price will be made. With the use of the edition certificate on the work of art, the frame, the lamination or elsewhere, the right of revocation expires.
§ 6 Due date and payment, default
The customer pays the purchase price by credit card or direct debit before delivery (prepayment). Purchase against invoice can be granted for business customers in individual cases after examination of Unlimited Muse.
For the case that the account of the orderer has then no sufficient cover or the orderer puts in unjustified objection against the direct debit, Unlimited Muse can require a handling charge at a value of €9,00 from the orderer. If the customer comes into delay of payment, Unlimited Muse is entitled to demand interest on arrears at the rate of 6% above the base interest rate p.a. announced by the European Central Bank from time to time and a lump sum of €7,50 per reminder with exception of the first reminder. If Unlimited Muse a higher damage caused by delay is provable, Unlimited Muse is entitled to assert this. The customer can prove in the above-mentioned cases that Unlimited Muse did not originate a damage at all or however that this is lower than the above-mentioned lump sums.
§ 7 forwarding expenses
The forwarding expenses are included in the prices.
§ 8 Set-off, retention
A right to the set-off is entitled to the customer only if his counterclaims are ascertained legally or are recognized by Unlimited Muse. In addition, he is authorized to the exercise of a right of retention only insofar as his counterclaim is based on the same contractual relationship.
§ 9 Retention of title
The delivered goods remain up to the complete and final payment in the property of Unlimited Muse.
§ 10 Liability
Unlimited Muse is only liable ifUnlimited Muse or one of his assistants has violated an essential contractual obligation (cardinal obligation) in a way endangering the purpose of the contract or if the damage is due to gross negligence or intention of Unlimited Muse or one of his assistants. Provided that this is not due to gross negligence or intent, the liability of Unlimited Muse is limited to the damage which was reasonably foreseeable at the time of the conclusion of the contract. The liability because of assured qualities, with personal injuries as well as because of compelling legal regulations, in particular the product liability law, remains untouched.
§ 11 Warranty, proper handling
It is assumed that all photographs are subject to environmental influences, change their appearance and color and can fade. For this unchangeable change process Unlimited Muse takes over no guarantee. Otherwise the legal guarantee period amounts to 2 years and begins with delivery of the product. In this time all defects, which are subject to the legal guarantee obligation, are repaired free of charge. Excluded from the warranty are damages which are due to natural wear and tear, to improper use and to lack of or wrong care or storage. In addition, we refer to § 4. Photographs, laminations and frames may not be exposed in whole or in part to direct sunlight, may not be hung directly over heaters and may not be exposed to humidity levels exceeding those of normal living rooms. Accordingly, photographs, laminations and frames are not suitable for outdoor use, basement rooms, bathrooms and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains and may therefore only be handled with gloves or comparable protection.
§ 12 No granting of rights, exhibitions
With the purchase of a photographic print you acquire only the real property of the print. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making available to the public or other analog or digital utilization is not permitted. However, you may resell the print.
The public exhibition of purchased works of art requires the consent of the artist concerned in each individual case.
§ 13 Collection, processing and use of personal data
Data and information we receive from you help us to customize and continuously improve your shopping experience at Unlimited Muse. We use this information for the processing of orders, the delivery of goods and the provision of services, as well as the processing of payment (in the case of purchase on account also for necessary checks). We also use your information to communicate with you about orders, products, marketing offers or the Unlimited Muse newsletter, as well as to update our data records and to maintain your customer accounts with us, as well as to map content such as notepads or shopping cart contents and – with your consent – to recommend products or services that may interest you. We also use your information to improve our offer, to prevent or detect misuse of our website or to enable third parties to perform technical, logistical or other services on our behalf.