General Terms and Conditions of Kunstplaza
1. General
All services provided by Kunstplaza to the customer are exclusively based on the following General Terms and Conditions (“ Terms & Conditions ”). Deviating provisions are only valid if they have been agreed upon between Kunstplaza and the customer.
Kunstplaza (hereinafter " Kunstplaza ") is, firstly, an online gallery where members can independently offer/advertise goods and/or services and/or create Get in touch for purchasing them. The sale of goods and/or services in the online gallery is not processed by Kunstplaza . Kunstplaza acts solely as an intermediary between the seller and the interested party.
The terms and conditions in Section A (Online Shop) apply to the use of our online shop. For business customers using our advertising services, the terms and conditions in Section B (Services & Advertising) apply.
By using Kunstplaza you accept the following terms and conditions (“ Terms & Conditions ”).
A) Online Shop
2. Scope
2.1 These General Terms and Conditions (hereinafter “ Terms & Conditions ”) of Joachim Rodriguez (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
2.2 For the purposes of these Terms & Conditions a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
2.3 For the purposes of these Terms & Conditions an entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
3. Conclusion of the contract
3.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.
3.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order.
3.3 The seller can accept the customer's offer within five days
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
3.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at
3.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
3.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that finalizes the order.
3.7 Several languages are available for concluding the contract. The specific language selection is displayed in the online shop.
3.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
4. Right of withdrawal
4.1 Consumers generally have a right of withdrawal.
4.2 Further information on the right of withdrawal can be found in our cancellation policy .
4.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not citizens of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
5. Prices and Payment Terms
5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including VAT. Any applicable delivery and shipping costs will be listed separately in the respective product description.
5.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 The payment option(s) will be communicated to the customer in the seller's online shop.
5.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 When selecting a payment method offered via the payment service “mollie”, payment processing is handled by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are displayed to the customer in the seller's online shop. Mollie may use other payment services to process payments, for which special payment terms may apply, and the customer will be notified separately of any such terms. Further information about “mollie” is
5.6 When selecting a payment method offered via the payment service "Stripe," payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which separate terms and conditions may apply. The customer will be notified separately of any such terms and conditions. Further information about Stripe is available online
5.7 When selecting a payment method offered via the payment service “Klarna”, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms and conditions can be found here:
https://www.kunstplaza.de/versand-zahlarten/kunstplaza
6. Delivery and shipping conditions
6.1 If the seller offers shipping, delivery will be made within the seller's specified delivery area to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer at the time of payment is decisive.
6.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
6.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.
6.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.
6.5 Self-collection is not possible for logistical reasons.
7. Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8. Liability for defects (warranty)
Unless otherwise stipulated in the following provisions, the regulations governing statutory warranty rights apply. However, the following applies to contracts for the supply of goods:
8.1 If the customer is acting as an entrepreneur,
- The seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- For used goods, rights and claims due to defects are excluded;
- The limitation period does not restart if a replacement delivery is made under the warranty for defects.
8.2 The aforementioned limitations of liability and reductions of time limits do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
8.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.
9. Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The seller is fully liable for any legal reason
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise stipulated,
- due to mandatory liability, such as under the Product Liability Act.
9.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.
9.3 Furthermore, the seller's liability is excluded.
9.4 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.
10. Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
10.4 Multiple promotional vouchers can be redeemed in one order.
10.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility.
B) Services and advertising
11. Conclusion of contract and scope of application
11.1 These Terms & Conditions govern the contractual relationship between Kunstplaza and the natural and legal persons (members) who use the telecommunications services or service offerings of Kunstplaza .
11.2 The services offered by the Kunstplaza platform constitute a non-binding invitation to the customer to use the services for posting advertisements on Kunstplaza .
11.3 By ordering the desired service on Kunstplaza , the customer submits a binding offer to conclude a purchase agreement.
11.4 The online platform Kunstplaza confirms receipt of your order immediately. This order confirmation, as well as the acceptance of a telephone order, does not yet constitute a legally binding acceptance on our part. Our acceptance of your offer only occurs when we provide the service to you or make it available to you (e.g., by placing the advertisement). You will receive written confirmation via email within one day. However, the customer is only bound to their offer for a maximum of one day.
11.5 The subject of the contract is the service ordered by the customer. The description in the offer applies with regard to the quality of the service; otherwise, Section 434 Paragraph 1 Sentence 3 of the German Civil Code (BGB) applies.
11.6 No legally binding purchase agreements are concluded between members via Kunstplaza . Kunstplaza 's service offering within the online gallery is limited to providing a platform for posting advertisements (e.g., artworks). For any purchase agreements concluded between members beyond this, the Terms & Conditions apply only insofar as they pertain to the formation of the contract via the Kunstplaza internet platform. These Terms & Conditions do not apply to any disruptions in the contractual relationship between Kunstplaza members.
11.7 Minors are excluded from participating in the Kunstplaza online gallery.
12. Services of Kunstplaza and advertising placement
12.1 Kunstplaza reserves the right to accept or reject advertising orders and to refuse them even after a contract has been concluded for legal, ethical, or similar reasons. The customer has the right to be informed of the reasons for the rejection. If the customer is unable to provide a revised advertisement that meets Kunstplaza 's requirements, the customer is entitled to a refund of any payments made. The assertion of further claims is expressly excluded.
12.2 Kunstplaza also reserves the right to postpone the broadcast date due to technical or other reasons.
12.3 The scope of the agreed services is defined in the online advertising order. Kunstplaza guarantees the customer the best possible reproduction of the advertising materials, in accordance with the prevailing technical standards. However, the customer acknowledges that, given the current state of technology, it is not possible to create a completely error-free program.
12.4 The agreed-upon advertising materials will be placed on the mutually agreed-upon page. In the absence of such a specification, Kunstplaza will determine the placement at its own discretion, taking the client's presumed interests into account as much as possible. Kunstplaza reserves the right to expand, modify, and improve its services.
12.5 Excluding the customer's competitors is generally not possible.
12.6 Services offered free of charge can be discontinued at any time or continued for a fee. No claim for a reduction in price, a refund, or damages arises from this.
13. Services and obligations of service customers
13.1 The customer is responsible for ensuring that all necessary information, data, files, the respective target addresses of the links, and other materials required for placing the online advertisement are free from legal infringements and third-party rights. Furthermore, the customer agrees that their advertisement content is ethical and does not contain any messages that are harmful to minors, glorify violence, incite hatred, or are otherwise radical.
13.2 The customer guarantees that the material is suitable for the agreed purposes, in particular for screen display in the appropriate environment and in the contractually agreed manner and size. Kunstplaza assumes no liability for the delivered/provided material and is specifically not obligated to store it or return it to the customer.
13.3 The customer must inspect the published advertisement immediately after it is published and report any errors within three business days of the initial publication. After this period, the online advertisement and the manner of its publication are considered accepted.
13.4 Unless otherwise agreed, the customer is obligated to pay the agreed fees in accordance with the currently valid general price list, plus the applicable value-added tax, on time. If the customer fails to meet the delivery deadlines and the online advertisement cannot be published, or cannot be published on time, this does not affect Kunstplaza 's right to payment of the agreed remuneration.
14. Payment Terms
14.1 All prices quoted are gross prices in euros, including the statutory value-added tax of currently 19% or 7% for books (...). The prices valid on the day of order apply.
14.2 The following payment methods are available when providing telecommunications services:
via PayPal or bank transfer
(The customer is obliged to pay the purchase price immediately via PayPal after conclusion of the contract.)
14.3 At the customer's request, invoices will be sent electronically. The invoice for Kunstplaza 's services will be generated on the first publication day of the online advertisement, but no later than the end of the month in which the advertisement is published, provided the customer has requested this. If prepayment has not been agreed upon, the invoice is payable within ten business days of the invoice date without deduction.
14.4 Advertising rates are subject to change without notice. The price list published online at the time of order placement applies. In the event of a price increase, the customer has the right to withdraw from the contract. This right must be exercised within five business days of receiving notification of the price increase.
14.5 The costs for the production of advertising materials, graphics and/or ad texts are not included in the advertising prices.
15. Liability
15.1 The internet platform Kunstplaza is liable only in cases of intent or gross negligence in accordance with statutory provisions. Liability for guarantees is independent of fault. For slight negligence, Kunstplaza is liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body, or health, or for breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for this type of contract, unless liability arises from injury to life, body, or health. Kunstplaza is liable to the same extent for the fault of its vicarious agents and representatives. Liability for gross negligence is limited to the damage typically foreseeable in such cases.
15.2 The provision of the preceding paragraph (8.1) extends to damages in addition to performance, damages in lieu of performance and claims for reimbursement of wasted expenses, regardless of the legal basis, including liability for defects, delay or impossibility.
15.3 Kunstplaza is not liable for technical malfunctions or failures beyond Kunstplaza control. Kunstplaza is only liable for direct damages, not for indirect damages and/or lost profits, whether incurred by the client or third parties. In no event shall Kunstplaza liability exceed the net invoice amount payable by the client.
15.4 All claims for damages by the customer against Kunstplaza become time-barred six months after the occurrence of the damage.
15.5 The client assumes responsibility for the advertising. In particular, they are liable for ensuring that the advertising complies with press law and competition law. The client warrants that they possess or have acquired all necessary rights of use from the holders of copyrights, trademarks, neighboring rights, personality rights, and other rights to the materials they provide or use (e.g., texts, photos, graphics, files, sound recordings, and videotapes, etc.) for distribution. The client indemnifies Kunstplaza against all third-party claims that may arise from the partial or complete execution of the order.
16. Privacy
Our Privacy statement can be privacy at kunstplaza .
17. Copyright / Intellectual Property
All third-party logos, images, and graphics displayed are the property of their respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts, and programming routines displayed on these pages, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent. All rights reserved.
18. Links on our pages
Our website contains links to external websites of third parties, over whose content we have no influence.
In its ruling of May 12, 1998 – 312 O 85/98 – “Liability for Links” , the Hamburg Regional Court decided that by providing a link, one may be held jointly liable for the content of the linked page. According to the court, this can only be prevented by expressly disassociating oneself from this content.
We hereby expressly distance ourselves from all content on any linked pages on our website. This statement applies to all links on our website.
We cannot accept any liability for this external content. The respective provider or operator of the linked pages is always responsible for their content.
The linked pages were checked for possible legal violations at the time the links were created. No illegal content was apparent at that time. However, continuous monitoring of the content of linked pages is not feasible without specific indications of a legal violation. Upon notification of legal violations, we will remove such links immediately.
19. Applicable Law
19.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
19.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
20. Code of Conduct
-
terms and conditions of participation for the eCommerce initiative “Fairness in Trade”, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/ . - agreed
to can be viewed online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086 .
21. Alternative Dispute Resolution
21.1 The EU Commission provides a platform for online dispute resolution at the following
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
21.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.