Content:
I. SCOPE OF CONTRACT
II. CONCLUSION OF CONTRACT

III. INSTRUCTIONS FOR THE CANCELLATION OF THE CONTRACT

IV. PRICES, SHIPMENT COSTS, DELIVERY
V. PAYMENT
VI. WARRANTIES, GUARANTEES
VII. LIABILITY
VIII. PROTECTED RIGHTS
IX. DATA PROTECTION, DATA COLLECTION
X. MISCELLANEOUS



I. SCOPE OF CONTRACT

1. PARTNERS, LANGUAGE, AND TEXT OF CONTRACT

Contract partners are the customer and The Shop Of the Universe Ldt. & Co KG (TSOTU).

Identität, Anschrift und Vertretungsberechtigte von TSOTU ergeben sich aus dem Impressum (Link: Impressum).

This contract is written in German and English and is available in German and English. The text of this contract will not be automatically saved when the contract is concluded. The customer is advised to print out or save the text of this contract. To do so, the customer may use the buttons at the end of these General Terms and Conditions.

2. SCOPE OF CONTRACT

By registering, the client accepts the applicability of these General Terms and Conditions for all contractual relationships between customer and TSOTU for all services offered by TSOTU.


3. DEVIATING TERMS AND CONDITONS

Only the General Terms and Conditions stated herein shall apply. General terms and conditions of the customer shall apply only if TSOTU expressly and in writing consents to such terms and conditions.


II. CONCLUSION OF CONTRACT

1. DESCRIPTION OF THE OFFER

On its website, TSOTU offers the customer goods, such as Huminis, Art Prints, Editions, Originals, and other (art) products, for sale. The descriptions of the goods are displayed next to the respective offers on the website. The customer has the possibility of pre-viewing single files (pre-views). The customer is advised that, depending on the settings of his screen and the characteristics of his hard- and software, deviations in the colour between pre-views and goods may occur.

2. REGISTRATION

The customer must register with his personal data, such as his real name, address, e-mail address, payment information, billing address, etc. in order to use the services of TSOTU. The client is obligated to provide all necessary data correctly and completely.

3. ORDER

Goods are ordered from the online-shop by clicking the order-button (…) on the respective TSOTU web page displaying the offer. After clicking the order-button, a window will open asking the customer to check and correct any mistakes made in the order or to confirm the order of the goods. With the confirmation of his order (…), the client is making a binding offer to TSOTU to buy the goods.

TSOTU will first confirm the receipt of the offer via e-mail to the customer. This confirmation shall not serve as a binding acceptance of the customer’s offer. Binding acceptance of the customer’s offer by TSOTU shall be made either by an express declaration of acceptance or, at the latest, with the beginning of TSOTU’s services.

4. DURATION OF CONTRACT

The contract regarding the delivery of goods has no minimum duration.

5. SYSTEM REQUIREMENTS, COMMUNICATION COSTS

The customer needs certain hard- and software, especially a computer, an Internet connection and a web browser, in order to use the online services of TSOTU.

The customer is responsible for ensuring that his hard- and software is functional and compatible. TSOTU does not guarantee that its online transactions can be carried out with the customer’s individual hard- and software.

The customer may be subject to certain costs (e.g., provider costs, communication costs) incurred by the use of the necessary technical systems, hard- and software, communication channels, and services of third parties, which must be paid for by customer.


III. INSTRUCTIONS FOR THE CANCELLATION OF THE CONTRACT

1. General rules:

For distance contracts entered into with consumers*, the following shall apply:


Right of cancellation

You may cancel this contract within a cancellation period of two weeks, or – if this instruction is communicated to you after the conclusion of the contract – one month, in text form (e.g., letter, fax, e-mail) without having to state a reason or – if you received the product before the end of this period – by returning** the product. The cancellation period shall commence after receipt of these instructions in text form; in the case of distance contracts (§ 312b Abs. 1 Satz 1 BGB) regarding the delivery of goods, however, not before receipt of the goods by recipient (in the case of repeated deliveries of similar goods, not before the receipt of the first part of delivery); in the case of services, not before the conclusion of the contract and not before fulfilment of our obligations to inform you according to § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2, and 4 BGB-InfoV and our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV.

For compliance with the cancellation period, the timely dispatch of the declaration of cancellation or the goods shall be sufficient. The cancellation shall be directed to:

Name: The Shop Of the Universe Ltd. & Co KG, Schwedter Straße 13, 10119 Berlin
E-mail: schwertner@theshopoftheuniverse.com
Fax: ++49 - 30 - 477 56 56 4

Consequences of cancellation

In the event of an effective cancellation, the goods or payments already received by either party and any benefits already drawn therefrom (e.g., interest payments) shall be returned. If you cannot return the goods received in whole or in part or only in worse condition, you must reimburse us for the loss of value. In the case of any goods delivered this shall not apply if such worsening of the condition is based solely on an inspection of the goods – such as would have been possible in a shop, for instance. However, you can avoid the obligation to reimburse us for any loss of value due to worsened condition resulting from the use of the goods as intended by not treating the goods as your property and by refraining from anything that could reduce its value. If this information about the obligation to reimburse us for the loss of value according to § 357 Abs. 3 Satz 1 BGB and the possibility of its avoidance has not been given to you by the conclusion of the contract, at the latest, in text form, you are not obligated to reimburse us for the loss of value due to worsened condition resulting from use of the goods as intended. You must pay the costs for returning the goods if the goods delivered match the goods ordered and if the price of the goods to be returned does not exceed the amount of EUR 40.00 or, if the price is higher, you did not perform your obligations or did not make any contractually agreed partial payment by the time of cancellation. Otherwise, the return shall be free of charge for you.

Goods able to be sent by parcel post shipment shall be returned on our risk**.
Goods not able to be sent by parcel post shipment will be picked up from your premises. Obligations to reimburse payments must be satisfied within 30 days. This period shall commence for you with the sending of your declaration of cancellation or the goods, for us with the receipt of the declaration or the goods.

Special instructions:

With respect to services, your right of cancellation shall cease prematurely if we started with the performance of the services with your express approval before the end of the cancellation period or if you caused us to do so.

This cancellation right shall not apply to the delivery of goods that are manufactured according to customer specifications or that are customized to meet the personal needs of customer or that are not suitable to be returned due to their nature, further, in the case of the delivery of audio or video recordings or software once the data carriers delivered have been unsealed by the customer and in the case of the delivery of newspapers, magazines, and illustrated magazines.
*The right of cancellation applies only to consumers within the meaning of § 13 BGB.

**The customer shall select a suitable and reasonable kind of shipment. We will be happy to help you with further information and assistance with respect to the shipment.

2. Special rules for contracts incolving foreign countries

a) The aforementioned right of cancellation applies only if the consumer protection regulations under German law as specified in clause III. 1. are mandatory for this contract.

b) If the customer has his usual place of residence in another member state of the European Union or in another contract state of the European Economic Area, the following shall apply: should the consumer protection regulations of such country be mandatory for this contract and should these regulations contain a right of cancellation differing from clause III. 1., the consumer shall have such differing right of cancellation. The costs for sending the goods to the customer and returning them to TSOTU and other accompanying costs must be paid by the customer if the cancellation right is exercised, unless these costs must be paid by TSOTU pursuant to mandatory statutory regulations.

c) If the customer has his usual place of residence in a third country (e.g., not in any member state of the European Union or in a contract state of the European Economic Area), the following shall apply: the customer has no right of cancellation of the contract. However, should any consumer protection regulations of a particular country be mandatory for this contract and should these regulations contain a right of cancellation, the customer shall have such right of cancellation. The costs for sending the goods to the customer and returning them to TSOTU and other accompanying costs must be paid by the customer if the cancellation right is exercised, unless these costs must be paid by TSOTU pursuant to mandatory statutory regulations.


End of the instructions for the right of cancellation





IV. PRICES, SHIPMENT COSTS, DELIVERY

1. PRICES

The prices at the time of the order shall apply. The prices stated are end prices. They contain the legally required value added tax. In cases in which TSOTU’s services to a customer are exempt from value added tax in Germany, the invoice will be issued without value added tax.

The applicable currency of the prices of the goods is given with the relevant offer on the website.

2. SHIPMENT COSTS, INSURANCE

TSOTU sells its goods to all customers independent of their shipping address for the same end price. The costs for shipment, insurance, and logistics are paid by TSOTU.

Depending on the shipment address of the customer and the nature of the goods, it may happen that the costs for shipment, insurance, and logistics add up to an amount that would make performing this service economically unreasonable for TSOTU. If the costs for shipment, insurance, and logistics are expected to be more than 30% of the end price of the respective goods, TSOTU may withdraw from the contract. TSOTU will inform the customer immediately about this hindrance and will reimburse the customer in the case of such withdrawal for any services rendered so far. Alternatively, the parties may agree upon an individual adaptation of the price and continue with the contract.

3. DELIVERY

The goods ordered will be delivered to the delivery address given by customer. Commencement of the delivery periods indicated by TSOTU shall be subject to the timely fulfilment of the obligations of the customer in accordance with this contract. TSOTU may refuse to fulfil its obligations based on the claim that customer did not fulfil his obligations. TSOTU is entitled to make partial deliveries. All statements with regard to possible delivery periods are not binding, except in the exceptional case that TSOTU has given customer a binding promise with respect to a delivery date. Currently, the following delivery periods are expected:

Huminis: 5 to 14 days
Art Prints: 5 to 14 days
Editions: 3 to 6 weeks
Originals: 8 to 12 weeks

4. RESERVATIONS WITH REGARD TO PERFORMANCE

The delivery obligations for goods are subject to the availability of the goods.

The number of copies printed for Huminis and Art Prints is not limited. Should a Humini or Art Print ordered have not yet been published, the order shall be reserved for customer. TSOTU will inform the customer immediately if Huminis or Art Prints are not available. Should a Humini or Art Print be sold out, the customer may choose whether he wants to make a reservation for the order of a possible reprint or a new edition or wants to withdraw from the contract. At the same time, TSOTU shall have the right to withdraw from the contract if a Humini or Art Print should be permanently not available. In case of such withdrawal, TSOTU will immediately refund customer any payment rendered so far.

The number of copies printed of Editions and Originals is limited (for further information, please see website). After the copies of Editions and Originals are sold out, they shall be no longer available. TSOTU may in this case withdraw from the contract and is obligated to inform customer without delay about the non-availability and in the case of such withdrawal shall immediately refund to customer any payment rendered so far.

TSOTU may also withdraw from the contract if the delivery of the goods ordered to the delivery address stated by customer is impossible or unreasonable due to import regulations or other similar circumstances. TSOTU will inform the customer immediately about the reasons for the non-deliverability and in the case of such withdrawal shall refund customer all payments rendered so far.

5. RETENTION OF OWNERSHIP, PASSING OF RISK

TSOTU shall retain all title and property to the goods delivered until payment has been made in full. Should the customer be an entrepreneur according to § 14 BGB and the goods be resold, the goods shall be replaced by the claims vesting in customer. The customer herewith assigns to TSOTU all claims against his customers or third parties in advance for securing TSOTU’s claims. TSOTU accepts this assignment. The customer may not pawn, mortgage, or assign the goods to others.

If the customer is an entrepreneur and the goods are sent to him at his request, the risk of an accidental loss or an accidental deterioration of the goods shall pass to the customer with the dispatching of the goods or, at the latest, when they have left the factory or the stores of TSOTU.


V. PAYMENT

1. PAYMENT SYSTEMS

Presently, TSOTU offers the following payment systems:

- wire transfer/invoice
- credit card
- PayPal (will be available soon)

Further information is presented on the respective website describing the offer.

2. DUE DATES FOR PAYMENTS

Payments are due in advance before receipt of the goods, unless the respective offer for the goods states otherwise.


VI. WARRANTIES, GUARANTEES

The legal warranty regulations shall apply, subject to the following provisions:

In the case of obvious defects or wrong deliveries the customer is obligated to give TSOTU notice in writing or via e-mail within a period of 2 weeks after receipt of the products. If notice is not given within such period, customer may not claim warranty rights for such defect or wrong delivery. This regulation shall not limit any rights of customer regarding defects that are not obvious. TSOTU does not give any specific guarantees with respect to the nature of the goods or services of TSOTU. TSOTU does not have a special customer service office.


VII. LIABILITY

1. TSOTU is only liable, regardless of the legal grounds, for intent and gross negligence. This limitation does not apply to damages resulting from the violation of life, body, or health and caused by a breach of obligations of TSOTU or its legal representatives or vicarious representatives or caused by the breach of substantial contract obligations with intent or negligence or any liability pursuant to the Product Liability Act.

2. Except in the case of obligations breached with gross negligence by TSOTU, the amount of liability of TSOTU shall be limited to the damage typically able to be predicted at the time the contract was entered into.

3. TSOTU informs the customer that the artworks distributed by TSOTU (particularly originals, photographs) are sensitive to light, scratches, and stains to the usual extent and may change due to environmental influences (light, sun, warmth, moisture).

4. TSOTU uses for its services servers, distribution services, and channels of third parties and is not liable for any defects, breakdowns, or interruptions of the transmission. The liability of TSOTU for its own negligence or intent according to the clauses 1 and 2 remains unchanged.



VIII. PROTECTED RIGHTS

All works of art, photographs, texts, layouts, film clips, pictures, music, trademarks, logos, graphics, and other pictures distributed by TSOTU or displayed on the website of TSOTU are protected by copyright law, trademark law, and other laws. With the purchase of a work of art, the customer will only acquire property rights to the material; the customer is not granted any further rights of use to the works of art. Any exploitation (e.g., reproduction, distribution, exhibition, public display, making available to the public, adaptation) without prior approval of TSOTU is prohibited, unless such use is exceptionally allowed by law.


IX. DATA PROTECTION, DATA COLLECTION

The customer is aware and he agrees that the personal data necessary to fulfilling this contract will be saved on data carriers by TSOTU. The customer expressly agrees to the collection, processing, and use of his personal data. All personal data saved shall be treated confidentially by TSOTU. The collection, processing, and use of the personal data of the customer shall be in accordance with the provisions of Germany’s Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

The client has the right to cancel his consent at any time for the future. TSOTU shall in this case immediately delete all personal data of the customer. With respect to pending orders, the data shall be deleted after the end of the order process or after fulfilment of all current claims, respectively.


X. MISCELLANEOUS

1. The contract shall be governed by the laws of the Federal Republic of Germany; the United Nations Convention on Contracts for the International Sale of Goods is excluded. Excluded from this choice of law is the right of cancellation according to clause III. The right of cancellation according to clause III shall only be applicable for customer if mandatory legal regulations prescribe its application to this contract (particularly with respect to contracts involving foreign countries, see clause III. 2.). TSOTU is not subject to special conduct codes.

2. Should any regulation of these General Terms and Conditions be invalid or void, this shall not affect the validity of the other regulations.

3. If the customer is an entrepreneur, the place of performance and the exclusive forum for all claims and legal proceedings resulting from this contract shall be Berlin, Germany.



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