General Terms & Conditions of Portrait Laubinger
as of December 1, 1996, last change: November 22, 2003

§ 1 Effectiveness of Conditions
1. The term „customer order“ used in the following conditions refer to any ordered portraiture or other original drawing, original painting respectively. Any shipments, products or offers from Portrait Laubinger will be realized upon these conditions only, even if not explicity agreed upon. At the latest on receipt of any goods or products these conditions become effective. General business conditions of the customers, especially any purchase conditions, are herewith contradicted; this means they are not accepted, even if Portrait Laubinger does not object explicitly with the receipt of the customer's order.
2. Deviations of these business conditions only come into force, if confirmed in writing by Portrait Laubinger.

§ 2 Offers and Contracting
1. Any offers from Portrait Laubinger are subject to alteration and not binding. Declarations of acceptance and any orders need to be confirmed in writing by us to take legal effect. The same holds true for any additions, alterations or any supplementory agreements. For instant shipments a written confirmation can be replaced by invoicing.
2. Drawings, portrayals, measures and other features of products are to be regarded as approximate values and are not meant as ensured characteristics, excepted when explicitly described as binding in writing.
3. Sales employess of Portrait Laubinger are not authorized to reach oral supplementory agreements or to give oral assurances exceeding the provisions of these conditions.

§ 3 Prices
1. If not given otherwise Portrait Laubinger will keep its prices in its offers as of their dates for a period of 30 days. Only the prices given in our order confirmations are binding and relevant. Additional shipments and products will be charged sepeately.
2. If not agreed otherwise, prices are to be regarded as given without packaging, transportation, freight insurance, including the V.A.T. valid the day of delivery as of place of stock, place of performance at Herne (Germany) respectively.
3. Errors and typos are reserved and not binding for prices.

§ 4 Shipping and Performance Period
1. Performance and shipping periods are subject to alteration, if not given otherwise explictly in writing.
2. Extensions of shipping and performance periods due to acts of God or to unpredictable events that hinder Portrait Laubinger or that make shipments or performances impossible and that are not subject to the responsibility of Portrait Laubinger entitle Portrait Laubinger to postpone the shipment for the period of the disturbance plus an adequate period to get started or to withdraw from the contract completely or in parts as far as not yet fulfilled. Acts of God or other unpredictable events include especially wars, war-like events, official orders, denial of import, transfer or export licences, national santions for limitation of trade, strikes, lockouts or other breakdowns of any kind as well as traffic holdups or breakdowns, no matter wether these events occur at Portrait Laubinger, its suppliers or their sub-suppliers. Furthermore, the shipping period will be prolonged for the same period the customer is in delay with his parts to fulfil the contract.
3. After an adequate period extension of at least 14 days, the customer is entitled to withdraw from the contract, as far as not yet fulfilled completely or in parts, if a disturbance lasts for more than 3 months. In case of an extension of the shipping period under the provisions of 2. or if Portrait Laubinger is free of any comittments, the customer cannot entitle any claims of compentsation here upon. Portrait Laubinger can only refer to the above given circumstances, if the customer has been notified immediately.
4. As far as Portrait Laubinger is responsible for not fulfilling confirmed dates or periods and is in delay, the customer is entitled to claim compensation of ¼% for each full week of delay, however, only up to 5% of the invoice value of those shippments and performances that are subject of the delay. Apart from those delays or any those that are due to gross negligence from Portrait Laubinger at least, any further exceeding claims are excluded. A compensation for the delay of any customer orders is excluded.
5. Portrait Laubinger is entitled to ship or perform in parts. In case of shipping contracts any part of a shipment or performance is to be regarded as an individual shipment.

§ 5 Default of Receipt
1. For the duration of any default of receipt by the customer Portrait Laubinger is entitled to deposit the goods at the customer's risk and account.
2. For the duration of any default of receipt the customer will be charged with a lump sum of 1 % of the purchase price per month, € 20,00 at the most. In case of storing costs exceeding this lump sum Portrait Laubinger can charge the customer upon provision of documentary evidence.
3. In case of customer's refusal of receipt after a given deadline or an according declaration of refusal, Portrait Laubinger is entitled to refuse its fulfilment of the contract and claim compensation. Portrait Laubinger has the right to claim or a lump sum of 25% of the agreed purchase price or the complete refunding of the actual damage from the customer.

§ 6 Delivered Amount
Visible differences in the amount of a delivery have to be declared immediately, latent differences within 4 days after receipt to Portrait Laubinger or to the carrier in writing. The take-over of the product by the carrier or transporter is regarded as evidence for the amount, faultless packaging and loading.

§ 7 Transfer of Risks
The risks passes to the customer, as soon as the consignment has been handed over to the person responsible for transportation or when it has left the stock of Portrait Laubinger to be sended. In case the shipment is delayed from no fault of Portrait Laubinger or should become impossible, the risks passes to the customer with notification on the readiness to ship. An individually agreed absorption of transportation costs by Portrait Laubinger has no influence on the transfer of risks.

§ 8 Warranty
Deviations from colour, measurements and/or other features of quality and performance of the customer order do not activate any warranty.
3. The customer has to notify any deficiencies to Portrait Laubinger immediately, at the lastest within one week after receipt of the delivered subject. Deficiencies that could not be discovered even after a careful inspection within this period are to be notified to Portrait Laubinger immediately after their detection in writing.

§ 9 Retention of Title
1. The property in the customer orders remain with Portrait Laubinger until full payment.
2. Is the costumer in delay with his payment(s) or does he not fulfil other relevant obligations of the contract from his fault, Portrait Laubinger is entitled to claim back the goods, the customer order respectively.

§ 10 Payment
1. Depending on indivual agreement, invoices are to be paid against cash in advance, C.O.D. or when picked-up, if not agreed otherwise. Any shipments will generally be on the customers' account, if not agreed otherwise and is shipped via carriers, postal services, etc. The goods, the customer order respectively, is insured against transportation damages when being shipped by Portrait Laubinger .
2. A payment is only regarded as made, when Portrait Laubinger is in command of the amount. Cheques are only accepted on account of performance and are regarded as payment only after their encashment.

§ 12 Limitation of Liability
Claims for compensation of damage from impossibility of performance, from positive violocation of contract, from defaults at contracting, and from illegal acts against both Portrait Laubinger and their auxilliary persons or assistants are excluded, if not generally caused by deliberate oder grossly negligent acts.

§ 13 Copyrights
All goods, art prints, calendars, original drawings, or painting are left with the customer for private use, for one single re-sale respectively, only. That means, customers must nor copy, nor leave these with others for their use. A multiple right of use needs a special written agreement. In case of a customer order the customer assures that he has the rights in all the originals handed over to Portrait Laubinger. Should the customer not be entitled to use these, the customer indemnifies Portrait Laubinger for any claims for compensation from third parties.

§ 14 Applicable Right
1. For business conditions and the complete privity of contract between Portrait Laubinger and the customer the rights of the Federal Republic of Germany are valid. As fas as the customer is a merchant, who has as a such been entered in the commercial register according to HBG [German Trade Act], a legal entity of public rights or a special institution of public law, Bochum is place of jurisdiction for any adjustment of disputes, resulting directly or indirectly from the contractual relationship. However, Portrait Laubinger has the right to sue the customer at any other venue. Furthermore, Herne is the place of performance as well as place of delivery in the sense of the packaging ordinance.
2. Should individual or several provisions of these General Terms & Conditions be or become ineffective or contain a missing provision of an eventuality, both parties commit themselves to enter into negotiations with the target to replace or amend the ineffective or incomplete provision by an adequate individual agreement corresponding most to the economical intention of the deficient provision. The validity of the remaining provisions shall remain uneffected.

Information on the Distance Selling Act (FernAbsG - Fernabsatzgesetz)

Right to Cancel Orders of Good via the Internet

According to the legal regulations of the Distance Selling Act (Fernabsatzgesetz - FernAbsG) customers have the right to recall their orders. Customers are to note the following, however:
First, the customer has to notify his cancellation in writing via mail, email or fax to Portrait Laubinger. This can also be done by return of the goods. The right to cancel remains with the customer for a period of 14 days. The period begins with the delivery of the goods in the customer's premises, if Portrait Laubinger has followed its legal duty for notification by the time according to § 3 FernAbsG. To protect the time limit, customers are to declare their cancellation or return the goods in time, i.e. before the expiration of 14 days. The return of the goods has to be done at the customer's account and via standard ways (e.g. postal parcel). Of course, the customer can also agree upon a date with Portrait Laubinger for the return of the goods in writing via mail, email or fax. Portrait Laubinger asks to take care that the goods are returned completely and in an adequate packaging.

Excluded from the right to cancel are all works that have been performed by Portrait Laubinger especially for the customer according to his wishes, e.g. portrayals or other original drawings, original paintings, etc.

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Copyright © by Gabriele Laubinger