Drawings, Paintings and Prints

You agree to pay a buyer's Premium fee of 10% on all purchased objekts. ---- All objects are shipped worldwide free of charge. ---- You can return your purchased items without giving reasons within 1 month after delivery. The shipping costs for the return within Germany will of course be borne by us. For returns from abroad, please contact us in advance. ---- All offered objects are sold differential taxed according to §25a UStG German Law (art objects/special regulation). The sales tax is not shown on the invoice.----- --------------------------------------------------------------------------------------- General terms and conditions with customer information & information on data protection Translated automatically with DeepL.com. Only the original German version is legally binding. --------------------------------------------------------------------------------------- table of contents ------------------ A. General terms and conditions with customer information ---------------------------------------------------------- 1. scope of application 2. conclusion of contract 3. right of revocation 4. prices and terms of payment 5. terms of delivery and dispatch 6. retention of title 7. liability for defects (warranty) 8. applicable law 9. place of jurisdiction 10. alternative dispute resolution B. Information on data protection -------------------------------- 1. information on the collection of personal data and contact details of the responsible person 2. establishing contact 3. use of your data for direct marketing purposes 4. data processing for order processing 5. rights of the data subject 6. duration of storage of personal data 7. reference to the Invaluable Privacy Statement ---------------------------------------------------------- A. General terms and conditions with customer information ---------------------------------------------------------- 1) Scope of application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of H. W. Fichter Kunsthandel e.K. (hereinafter referred to as "Seller") shall apply to all contracts which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller in respect of the goods displayed by the Seller on the Invaluable Internet trading platform (hereinafter referred to as "Invaluable"). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed. 1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. 2) Conclusion of contract 2.1 Auction format If the seller places an item in the auction format with Invaluable, he makes a binding offer to enter into a contract for that item. He determines a starting price and a period within which the offer can be accepted (duration of the offer). If the seller sets a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached. The customer accepts the offer by submitting a bid. For this purpose, the customer first enters the amount of his maximum offer in the input field provided on the seller's offer page and then goes through the further steps specified by Invaluable. Finally, the customer clicks on the "Leave Bid" button. Acceptance is subject to the condition precedent that the customer is the highest bidder after expiry of the Offer Period. A bid expires if another buyer makes a higher bid during the bidding period. In the event of premature termination of the offer by the seller, a contract shall be concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the present bids. After clicking the input button (e.g. "Leave Bid"), the customer can check his entries on the following confirmation pages again. If he wants to correct his entries, he can either switch back to the invaluable article page by clicking the "Cancel" button of his browser or cancel the process by closing the browser window and call up the invaluable article page again later. The desired corrections can then be made again using the usual keyboard and mouse functions in the corresponding input fields. 2.2 Only the German language is available for the conclusion of the contract. 3) Right of revocation 3.1 In principle, consumers are entitled to a right of withdrawal. 3.2 Further information on the right of revocation can be found in the seller's revocation instructions. 4) Prices and terms of payment 4.1 The prices quoted by the Seller consist of the basic price and the so-called "Buyer's Premium". Value added tax shall be shown unless the goods in question are subject to differential taxation pursuant to § 25a UStG. Any additional delivery and shipping costs will be stated separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds 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. 4.3 The payment option(s) will be communicated to the customer on the article page of the seller at Invaluable. 4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the relevant PayPal terms of use. If the Customer chooses to pay PayPal by direct debit, PayPal shall collect the invoice amount from the Customer's bank account on behalf of the Seller after issuing a SEPA Direct Debit Mandate, but not before the expiry of the period for preliminary information. Pre-notification is any notification (e.g. invoice, policy, contract) to the customer that announces a debit by means of a SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient account cover or due to the indication of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. 4.6 When selecting the payment method "PayPal invoice", the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in case of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment period. In this case he can only pay to PayPal with debt discharging effect. However, even in the event of assignment of the claim, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and revocation or credit notes. 4.7 If you choose a payment method from payment service provider Stripe, payment will be processed by payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we will pass the information you provide in connection with your order (name, address, account number, sort code, credit card number, invoice amount, currency and transaction number, if any) in accordance with Art. 6 Para. 1 lit. b DSGVO. Your data will only be passed on to the payment service provider Stripe Payments Europe Ltd. for the purpose of payment processing and only to the extent necessary. For more information about Stripe's privacy policy, please visit the URL https://stripe.com/de/privacy#translation. 5) Delivery and shipping conditions 5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address provided by the customer to Invaluable is decisive for processing the transaction. Deviating from this, the delivery address deposited with PayPal by the customer at the time of payment is decisive when selecting the payment method PayPal. 5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him prior notice of the service for a reasonable period of time. Furthermore, this does not apply with regard to the costs for the consignment if the customer exercises his right of revocation effectively. In the event that the customer exercises his right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs. 5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may, after consultation with the seller, collect the goods from the seller's registered office. In this case no shipping costs will be charged. 6) Retention of title If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full. 7) Liability for defects (warranty) 7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply. 7.2 Notwithstanding the foregoing, this shall apply to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. The shortening of the liability period to one year does not apply, however. - for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness, - for claims for damages and reimbursement of expenses on the part of the customer, and - in the event that the seller has fraudulently concealed the defect. 7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects. 8) Applicable law All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. 9) Place of jurisdiction If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business. 10) Alternative dispute resolution 10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. 10.2 The Seller is neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration body. -------------------------------- B. Information on data protection -------------------------------- 1) Information on the collection of personal data and contact details of the responsible person 1.1 We are pleased that you are visiting our Invaluable website and thank you for your interest. In the following we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified. 1.2 The person responsible for data processing within the meaning of the Data Protection Basic Regulation (DSGVO) is H. W. Fichter Kunsthandel e.K., Arndtstr. 49, 60325 Frankfurt, Germany, Tel.: +49 (0) 69-74389030, Fax: +49 (0) 69-747946, E-Mail: info@fichterart.de. The controller of personal data shall be the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data. 2) Making contact Within the scope of contacting us (e.g. via contact form or e-mail), personal data is collected, which you can see from the contact form. These data are stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request pursuant to Art. 6 Para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after the final processing of your request, this is the case if the circumstances indicate that the matter in question has been conclusively clarified and provided there are no legal obligations to retain data. 3) Use of your data for direct marketing purposes 3.1 If you are a registered Invaluable Member and subscribe to our e-mail newsletter, we will regularly send you information about our offers. If you subscribe to our newsletter, you consent to the use of your personal data in accordance with Art. 6 para. 1 lit. a DSGVO. With your subscription to the newsletter, you automatically include us as a "saved seller" in your "My Invaluable" settings. You can unsubscribe from the newsletter at any time by deleting us as a saved seller in your settings on "My Invaluable". After you have unsubscribed, your e-mail address will be immediately deleted from our newsletter distribution list unless you have expressly consented to the further use of your data or unless we reserve the right to make further use of your data, which is permitted by law and about which we inform you in this declaration. 3.2 Advertising by letter post On the basis of our justified interest in personalised direct advertising, we reserve the right to store your first and last name, your postal address and - insofar as we have received this additional information from you within the framework of the contractual relationship - your title, academic degree, year of birth and your professional, branch or business name in accordance with Art. 6 Para. 1 lit. f DSGVO and to use them to send you interesting offers and information about our products by post. You can object to the storage and use of your data for this purpose at any time by sending a corresponding message to the person responsible. 4) Data processing for order processing 4.1 The personal data collected by us shall be passed on to the transport company commissioned with the delivery within the framework of contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of the data is Art. 6 para. 1 lit. b DSGVO. 4.2 Service providers - DreamRobot The order processing takes place via the service provider "DreamRobot" (DreamRobot GmbH, Eckendorfer Str. 2-4, 33609 Bielefeld). Name, address and any other personal data will be passed on to Dream Robot in accordance with Art. 6 Para. 1 lit. b DSGVO exclusively for the purpose of processing the online order. The passing on of your data takes place here only, as far as this is actually necessary for the completion of the order. Details on data protection at DreamRobot and the data protection declaration of DreamRobot GmbH can be viewed on the DreamRobot website under "dreamrobot.de". 4.3 When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we pass on your payment details to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") as part of the payment process. The transfer takes place in accordance with Art. 6 Para. 1 lit. b DSGVO and only insofar as this is necessary for the handling of payments. PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "instalment payment" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The creditworthiness information can contain probability values (score values). As far as score values flow into the result of the creditworthiness information, these have their basis in a scientifically recognized mathematical-statistical procedure. Address data, among other things but not exclusively, is included in the calculation of the score values. For further data protection information, including information on the credit agencies used, please refer to PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary to process payment in accordance with the contract. 5) Rights of the data subject 5.1 The applicable data protection law grants you comprehensive rights (information and intervention rights) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below: - Right to information pursuant to Art. 15 DSGVO; - Right to rectification pursuant to Art. 16 DSGVO; - Right to cancellation pursuant to Art. 17 DSGVO; - Right to limit the processing in accordance with art. 18 DSGVO; - Right to information pursuant to Art. 19 DSGVO; - Right to data transferability pursuant to Art. 20 DSGVO; - Right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO; - Right to appeal pursuant to Art. 77 DSGVO. 5.2 RIGHT OF OBJECTION IF WE PROCESS YOUR PERSONAL DATA AS PART OF A WEIGHING OF INTERESTS ON THE BASIS OF OUR PREDOMINANTLY LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO SUCH PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION. IF YOU MAKE USE OF YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING GROUNDS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH THEIR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS. IF YOUR PERSONAL DATA IS PROCESSED BY US IN ORDER TO CONDUCT DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE. IF YOU MAKE USE OF YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES. 6) Duration of storage of personal data The duration of the storage of personal data is measured according to the respective legal basis, the purpose of processing and - if relevant - additionally according to the respective legal retention period (e.g. commercial and tax retention periods). If personal data are processed on the basis of an express consent pursuant to Art. 6 para. 1 lit. a DSGVO, these data are stored until the data subject revokes his consent. If there are legal storage periods for data which are processed within the framework of legal or similar obligations on the basis of Art. 6 para. 1 lit. b DSGVO, these data will be routinely deleted after expiry of the storage periods if they are no longer necessary for the fulfilment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage. When processing personal data on the basis of Art. 6 para. 1 lit. f DSGVO, these data are stored until the data subject exercises his right of objection according to Art. 21 para. 1 DSGVO, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves the assertion, exercise or defence of legal claims. If personal data are processed for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f DSGVO, these data are stored until the data subject exercises his right of objection pursuant to Art. 21 para. 2 DSGVO. Furthermore, unless otherwise indicated in the other information contained in this statement on specific processing situations, personal data stored shall be erased when they are no longer necessary for the purposes for which they were collected or otherwise processed. 7) Reference to the Invaluable Privacy Statement The Invaluable platform is responsible for all further data processing beyond that described above. For more information about Invaluable's privacy policy, please refer to Invaluable's privacy policy: https://www.invaluable.com/agreements/privacy.cfm