§ 1 Definitions and Applicability
The following Terms and Conditions shall apply to all business relations between sygns GmbH (henceforth, “Provider”) and its customers; regardless of whether they are modified at a later date, the version of these Terms and Conditions published at the time of the conclusion of the contract between the Provider and the Customer shall retain validity.
Terms and Conditions put forth by the Customer, which differ from the Terms and Conditions described in the following, shall be rejected.
The Customer may be either a consumer or a contractor: A ‘consumer’ shall be understood as any natural person whose purpose in ordering goods is not of a commercial, independent or freelance nature; a ‘contractor,’ on the other hand, shall be understood as any natural person, legal person or legal entity whose purpose in ordering goods is, indeed, of a commercial, freelance or independent nature.
§ 2 Placing Orders for One-Time Deliveries and Finalizing the Contract
The goods presented in the online shop are not a guarantee that the Provider will finalize a sales contract, but rather an invitation that the Customer place an order. The Customer can review the Terms and Conditions at any time on https://www.sygns.com/pages/terms-conditions. The product or products selected by the Customer will be placed in the virtual Shopping Cart, where previously selected products can be viewed and where the Customer can modify the number of products as well as delete a product. Upon pressing the button “Check Out,” the Customer will be asked to provide information relevant to the product’s delivery and as well as his preferred method of payment; the Customer will have the opportunity to review this information before finalizing the order. Pressing the button “Purchase” will finalize the order-placement.
Through placing an order, the Customer enters into a binding sales contract with respect to the goods in the Shopping Cart, as well as recognizes these, and only these, Terms and Conditions as governing the legal relationship between the Customer and the Provider. The Provider will send the Customer an email to confirm receipt of the order; however, this email confirmation serves merely to inform the Customer that the order has been received, and does not yet indicate that the Provider accepts the contractual offer made by the Customer. Rather, the Provider shall indicate acceptance of the contractual offer within two days through either shipment of the ordered goods or an explicit statement of acceptance. Notwithstanding § 2.1, payment by invoice or prepayment does indicate the Provider’s immediate acceptance of the contractual offer.
The prices listed for the purchased products at the time of the order are binding. All listed prices contain sales tax and costs; costs of shipping and handling are not included. Additional costs are listed separately. The Provider is entitled to deliver products and/or render services separately, in which case the Provider shall bear any additional costs thereof. If the Customer does not accept the goods within two weeks, the Provider is entitled to resell the goods to a third party; the Customer may be held responsible for any loss thereby incurred.
The Provider shall be released from its obligation to deliver the goods if the goods cannot be delivered because of circumstances outside of the Provider’s control or if the product line has been discontinued; or if, unbeknownst to the Provider at the time of entering into the contract and for reasons for which the Provider is not responsible, the goods in question cannot be obtained under reasonable circumstances. Should circumstances arise which render the delivery of goods difficult or impossible—e.g., strike, lockout, and regulatory directives—, the Provider shall not be held responsible for delays past contractually agreed upon dates of delivery. If the Customer exercises his/her right to withdraw the order, the costs of returning the goods shall be borne by the Provider.
§ 3 Prices
The prices listed for the products at the time of the order are binding. All listed prices include sales tax, but not the costs of shipping and handling. Additional costs are listed separately.
§ 4 Delivery
Unless otherwise agreed, the goods shall be delivered to the Customer’s address or to the address given by the Customer. Unless, by way of exception, a binding delivery date was explicitly agreed upon, estimates concerning the delivery date are non-binding.
Upon receiving them, the Customer is required to check the goods without delay for damages and to report any to the carrier.
If the goods bear obvious signs of damage and Customer becomes aware of such only after
receiving the goods from the carrier, then the Customer shall (a) report that the goods are defective within 5 days after receiving them and (b) provide photographic or video proof that the goods are defective. The photographic or video proof should be sent to email@example.com
and should clearly show all points of fracture or damage as well as all of the packaging, both exterior and interior.
sygns shall only bear the costs of the return shipment of goods if the Customer reports damage or defect as described in §4.2 and §4.3; if the Customer neglects to do so, the Customer shall bear the costs of the return shipment of the goods.
§ 5 Edition Certificate with Artist’s Signature
The cancellation period shall not be affected in the event that, for organizational reasons, sygns sends the Customer the edition-certificate – along with the signature of the artist and the details of the edition – independently of the goods themselves and at a later time. The Customer who wishes to make use of the cancellation policy, however, must also return the unused edition-certificate without delay. No refund shall be granted before the edition-certificate has been returned, and use or destruction of the certificate shall render the cancellation policy null and void.
§ 6 Payment
For one time orders which are not part of a subscription, the following methods of payment are accepted: prepayment, invoice, credit card (Visa, MasterCard), direct debit payment, PayPal and Sofortüberweisung. We reserve the right to exclude certain methods of payment.
In the case of prepayment, the payment is due immediately after finalization of the contract. For money transfers, please use bank account provided on the invoice.
In the case of payment by credit card, the account shall be charged the amount owed upon placement of the order.
In case of payment by invoice, the amount owed must be transferred to the account above within 7 days.
In the case of direct debit payment
, the Customer shall provide his bank account information to the Provider, and Provider shall be granted the authority (which may be revoked) to withdraw the amount owed directly from the Customer’s account. The Customer’s account shall be charged as soon as the order is placed. In the event that the direct debit payment fails, because the account given does not have enough money, the account information is false or the Customer retracts the withdrawal permission, the Customer shall be required to pay any fees levelled by the respective credit institution on account of the cancellation. Considering the costs of cancelled debit permissions we ask that the Customer, who wishes to cancel the payment, withdraw from the contract or submit a return order or complaint, not
revoke the direct debit payment permission; we ask that the Customer rather contact us directly at firstname.lastname@example.org
, so that we may try to arrange a refund in the form of a separate credit transfer or credit with sygns.
§ 7 Transfer of risk
The risk of an unforeseen decline or accidental deterioration of the ordered goods, regardless of whether the delivery is insured, transfers to the Customer as soon as the goods are handed to him or to a person designated by him to receive the goods. Otherwise, the risk of an unforeseen decline or accidental deterioration of the ordered goods transfers to the Customer as soon as the goods are given to the carrier or to the person or entity otherwise responsible for delivering the goods to the Customer.
§ 8 Retention of Proprietary Rights
For the case in which the Customer is a private person, the Provider retains proprietary rights to the purchased goods until the Customer pays the bill in full; for the case in which the Customer is a contractor, which intends to use the goods in question for commercial or otherwise for professional purposes, or in which the Customer is a legal entity under public law or a special fund under public law, the Provider retains proprietary rights to the purchased goods until the Customer meets all other contractual demands stipulated in the contract between the Customer and the Provider. The right to secure the goods may be transferred to a third party.
§ 9 Maturity
The payment of the purchase price is due upon conclusion of the contract.
§ 10 Guarantee/Defect
The legal warranty regulations are binding.
§ 11 Exemption from Liability
Claims for damages asserted by the Customer are ruled out, unless otherwise agreed in the following. The aforementioned exemption from liability also applies to claims for damages asserted by the Customer to the legal representative and to other surrogates and assistants of the Provider.
The aforementioned exemption from liability does not apply to claims for damages which arise from injury to life, body or health, or from the violation of essential contractual commitments. Contractual commitments shall be deemed essential if their fulfilment is necessary to achieve the goal of the contract – e.g., that the Customer obtain the goods from the Provider and that the goods be free from material defect or defect of title. The exemption from liability also does not include liability for damages arising from deliberate or grossly negligent breach of duty on the part of Provider or the legal representative or other surrogates and assistants of the Provider.
§ 12 Transferring Claims and Rights
Claims or rights asserted by the Customer against the Provider may not be transferred or pledged to a third party, unless the Customer demonstrates a justified interest in such transferring or pledging of claims or rights.
§ 13 Rights for Exhibitions
Through purchase of an installation, the Customer acquires only the physical property of the installation. No other rights regarding the use of the installation are granted. Copying or reproducing the installation in any way is prohibited, as well as disseminating, leasing, making publically available, or putting the installation otherwise to any analog or digital use. The Customer may, however, sell the installation.
In certain cases, the public exhibition of acquired works of art may require the express permission of the artist in question.
§ 14 Right to Withhold Payment
The Customer has a right to withhold payment only when his claim to do so has been legally established or is indisputable. If the Customer defaults on any payments, all existing claims shall become payable immediately. Questions regarding the collection, processing or use of personal data, as well as requests to correct, block or delete data or to recall previous permissions, should be directed to email@example.com.
§ 15 Cancellation Policy
Sygns does not offer returns, as all products are manufactured to order.
In the event of cancellation, rendered services from both parties are to be recompensed. In case the Customer is unable to return the received goods either entirely or partially, or in case the goods are returned in a deteriorated condition, the Customer shall be responsible for compensating the value thereby lost; in the case of wear and tear, however, the Customer shall only be required to compensate lost value insofar as the signs of wear and tear indicate use of the goods beyond merely testing their basic functions, as one would, for example, in a store.
By taking pains to treat the goods with care and to avoid using or handling them in such a way as would have them incur conspicuous signs of usage and deterioration, the Customer may avoid having to reimburse the Provider for lost value altogether. In the case of glass pipes, signs of usage which constitute lost value include scratches, stains and fractures – taken together, in fact, these may amount to the complete loss of value of the goods. So that they are protected during return-shipment, the goods must be repackaged in their original packaging, i.e. with all the original protective materials. If the Customer is a private person in Germany, the risks associated with the return-shipment shall be borne by the Provider; otherwise, such risks shall be borne by the Customer. In the case of a mistaken delivery or if the order placed by a private person in Germany exceeds a value of €40, sygns GmbH shall bear the normal costs of the return shipment; otherwise, the Customer shall bear these costs.
The goods are to be returned to the following address: sygns | Inżynierska 3 | 55-221 Jelcz-Laskowice | Poland.
§ 16 Legal Jurisdiction
Contractual relations between the Provider and the Customer shall be adjudicated and interpreted within the legal jurisdiction of Germany. Exempted from the German legal jurisdiction are the mandatory consumer protection regulations in the country of the Customer’s legal residence. The application of UN law with regard to commercial relations shall be excluded. The place of jurisdiction for any disputes arising out of the contractual relation between the Customer and the Provider shall be the jurisdiction of the Provider, so long as the Customer is a business person, a legal entity under public law or a special fund under public law.
§ 17 Data Protection
Data shall be protected in accordance with our Data Protection Statement.
§ 18 Accessing the Contract
The Provider shall save the text of the Contract and send the order information to the Customer by e-mail. The Customer may view the Terms and Conditions online at any time. Past orders can be viewed in the Customer’s account.
§ 19 Severability Clause
The validity of the remaining clauses of the above Terms and Conditions shall not be affected if a single clause is rendered null and void.
§ 20 Language of Terms and Conditions
The original German version of the above Terms and Conditions shall be legally binding.
(English Translation: Oct 2018)
Bogen 45, Holzmarktstr. 15-18, 10179 Berlin Deutschland
Phone: +49 (0)30 5487 7434
Registration Office: Berlin-Charlottenburg, HRB 158163
VAT Identification Number: DE294931015
Managing Directors: Nils Lehnert, Anthony Genillard