Terms & Conditions
General terms and conditions
for the services of www.jirko-krah.com
Date: 01.02.2023
1. Applicability
(1) All offers, sales contracts, deliveries and services based on orders placed by our customers (hereinafter "Customers") via the online store www.jirkokrah.onepage.me (hereinafter the "Online Shop"), operated by Straight Up Berlin Film UG (haftungsbeschränkt / limited liability), CEO Jirko Krah, Torstr. 177, 10115 Berlin, Phone: +49 30 28879633, art@jirko-krah.com shall be subject to these General Terms and Conditions in the version applicable at the time the contract is concluded. By placing an order and ticking the box "I accept the General Terms and Conditions", the customer agrees to these General Terms and Conditions and they become part of the contract.
(2) The product range in our online store is aimed equally at consumers and entrepreneurs, but only to end users. Separate terms and conditions apply to dealers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
(3) Our offers are directed exclusively at adults. Customers who have not yet reached the age of eighteen require the consent of their legal representative to place an effective order in our webshop.
(4) The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
2. Conclusion of contract
(1) Our offers in the online store are non-binding and are merely an invitation to our customers to submit an offer to conclude a purchase contract for the respective product.
(2) We will send the customer a confirmation of receipt of the offer after receipt of the offer, which does not constitute acceptance of the offer, but merely informs our customer that we have received his order. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer by email or dispatch the goods. In this email and additionally or at the latest upon delivery of the goods, the text of the contract consisting of the order, order confirmation, general terms and conditions and invoice will be sent. The purchase contract with the customer shall only be concluded upon our acceptance.
(3) Any customer who is a consumer shall be entitled to revoke the offer and return the goods in accordance with the special revocation instructions as described in Section 10 and communicated to the customer again in the context of the order in the web store.
3. Prices and payment
(1) Our prices include the statutory sales tax, but not shipping costs. The shipping costs incurred shall be based on the standard tariff of the shipping company commissioned by us. Customs duties and similar charges shall be borne by the customer.
(2) Despite our best efforts, we cannot guarantee the accuracy of the information in the webshop. Should the price stated in the web store be lower than the correct price intended by us due to an oversight, we will inform the customer of this error before accepting the order and give the customer the choice of retaining the order at the correct price or canceling it. The same applies if the description of the goods in the web store differs from the goods we have on hand (e.g. due to changes at our producers or suppliers). If the price stated in the web store is higher than the correct price, we will send the order to the customer and only charge the lower price.
(3) Unless otherwise expressly agreed, we deliver only against prepayment (in the manner specified in the online store on the order form) via Paypal or credit card, in each case against invoice.
(4) The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally determined by a court of law.
4. Shipment of the goods
(1) Deadlines and dates specified by us for the dispatch of the goods shall always apply only approximately and may therefore be exceeded by up to two weeks. This shall not apply if a fixed shipping date has been expressly agreed.
(2) All delivery periods specified or otherwise agreed by us when the order is placed shall commence (a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment by PayPal or credit card has been agreed, on the day of conclusion of the purchase contract.
(3) Only the day on which the goods are handed over by us to the shipping company shall be decisive for compliance with the shipping date.
(4) Even if goods are marked as "in stock" on the order form, we shall be entitled to sell these goods at any time if
a) there is an indication on the order form that the goods are only available to a limited extent, or
b) the delivery is made against advance payment and the payment is not received by us within a period of seven working days after our acceptance of the offer.
In these cases, shipment within the agreed period or the period specified by us shall only take place while stocks last.
(5) If no delivery period is specified or otherwise agreed or if we are no longer obliged to comply with an agreed delivery period due to the sale permitted under paragraph 4, shipment within three weeks from the relevant point in time pursuant to paragraph 1 shall be deemed agreed.
(6) If the goods cannot be delivered or cannot be delivered in time, we shall notify the customer thereof without undue delay. If the goods are not available for the foreseeable future, we shall be entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The customer's statutory rights due to delayed delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 9 of these General Terms and Conditions.
(7) We shall be entitled to make partial deliveries of separately usable products included in an order, unless this is unreasonable for the Customer. In this case, we shall bear the additional shipping costs caused thereby. The customer's statutory rights shall remain unaffected.
5. Shipment, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the shipping company at our reasonable discretion. The shipment shall be made to the address specified in the order process, unless expressly agreed otherwise.
(2) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the shipping company.
6. Retention of title
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
7. Warranty
(1) It does not constitute a material defect if the delivered goods deviate only insignificantly from the photo of the goods shown in the web store and the usability of the goods is not impaired thereby.
(2) We point out that the color of the product images presented in the online store may deviate from the color of the delivered item due to the respective settings on the customer's screen. Please note: the colors in the photos / videos might vary from the original artwork! Likewise, the types/brands of keyboards or music tapes may differ as only old keyboards and old music tapes are used!
(3) If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we may choose between rectification of the defect or delivery of a defect-free item, whereby this choice can only be made by notifying the customer in text form (including by fax or e-mail) within three working days of receipt of the notification of the defect. We may refuse the type of subsequent performance chosen by the purchaser if this is only possible at disproportionate cost.
(4) In the event that subsequent performance pursuant to Section 7 (1) fails or we refuse subsequent performance, the customer shall be entitled, in each case in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. The customer's claims for damages shall also be subject to the special provisions of Section 9 of these General Terms and Conditions.
(5) The warranty period shall be two years from delivery if the Customer is a consumer, otherwise twelve months from delivery.
Notes on the proper handling of art objects:
1. place of suspension or presentation
1.1 The art objects must be protected against unauthorized access and damage.
1.2 When selecting a location, care should be taken to avoid placing or displaying the art objects in the immediate vicinity of heaters, ventilation shafts, air-conditioning systems, exterior doors (air conditioning, drafts), photocopiers, plants, and water pipes. Works of art and paintings, especially watercolors and works on paper, should not be exposed to constant or changing intense light or sunlight or other damaging influences. Furthermore, artwork should not be hung at head height of seated persons closely behind rows of chairs. Where rows of chairs are presented, spacer strips should be placed on the floor at a sufficient distance from the artwork. No interior walls of exterior walls of the building should be chosen as a presentation location for paintings without backside protection (temperature difference between the room climate and the wall of the wall). Works of art that are at risk in an unfavorable location should be glazed or the location should be changed.
2. Type of suspension or presentation
2.1 Artwork should always be hung from two wall hooks.
2.2 If hanging from picture rails is intended, no twine, ribbons, etc. should be used, only nylon cords, steel cables, or picture wire.
2.3 Sculptures or objects should be presented on a pedestal to avoid damage to the object when cleaning the floor. The design of the pedestal should be discussed with the Federal Art Administration. In the event that fasteners are necessary, they may be installed only after consultation with the Federal Art Administration.
2.4 Markings and inscriptions may not be placed on the object (not even on the frame), but next to it.
3. Lighting
3.1 Direct daylight with sunlight must be avoided at all costs.
3.2 Artificial lighting must not be directed directly onto the works of art (heat generation, UV radiation).
3.3 Fluorescent tubes with low UV radiation are recommended.
4. Climate
The temperature should be 20°C +/- 2°C, the relative humidity 50% +/- 5%.
5. Treatment and handling of artworks
5.1 Cleaning (including dusting) may only be carried out by qualified personnel.
5.2 Touching and handling of artworks on the frame or base may only be done with gloves - and only if absolutely necessary.
Caution: Finger grease can cause irreversible stains. Reaching into stretcher bars can cause damage to the canvas and painting layer
5.3 During construction work and changes of location, the artwork must be protected by film wrapping (Tyvek and bubble wrap).
6. Storage
If storage is necessary, works of art, especially framed pictures, are to be stored upright in suitable rooms. Suitable rooms are those that can be thermoregulated and are dark or light-reduced. Objects of art are to be secured against falling over. Unframed works on paper (drawings, prints, etc.) are to be stored lying down between sufficiently large, preferably acid-free paper in a dark container.
(6) The following shall apply only to entrepreneurs: The customer shall carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.
(7) In all other respects, the statutory warranty law shall apply.
8. Liability
(1) We shall only be liable for damage (a) caused intentionally by us or our legal representatives or vicarious agents, (b) based on negligent or intentional injury to life, limb and health by us or our legal representatives or vicarious agents, (c) based on gross negligence on our part or on the part of our legal representatives or vicarious agents or (d) occurring as a result of a breach of material contractual obligations on our part. In the event of a breach of material contractual obligations due to simple negligence, our liability shall be limited to the damage typical for the contract and foreseeable at the time of the conclusion of the contract, unless it concerns claims in connection with injury to life, limb or health. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and whose fulfillment can usually be expected.
(2) The limitations of liability under this Section 8 shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
9. Privacy policy
We use personal data of the customer only in accordance with our privacy policy.
10. Cancellation policy - Right of withdrawal
The following provisions apply exclusively to customers who place orders as consumers:
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us Straight Up Berlin Film UG (haftungsbeschränkt / limited liability), CEO Jirko Krah, Torstr. 177, 10115 Berlin, Phone: +49 30 28879633, art@jirko-krah.com by means of a clear declaration (e.g. by means of a letter sent by post or by e-mail) of your decision to withdraw from this contract.
To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs, if applicable (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
Within Germany the return is free of charge. Please inform us by mail to art@jirko-krah.com about your return request, we will then send you a return label.
Outside Germany, you bear the direct cost of returning the goods. Please inform us by mail about your return request. Insured shipping with a tracking number is absolutely required for the return.
For the exercise of the right of withdrawal you can use the following sample form, but this is not mandatory:
Model withdrawal form
(If you want to revoke the contract, please fill out this form and send it back).
To Straight Up Berlin Film UG (haftungsbeschränkt / limited liability), CEO Jirko Krah, Torstr. 177, 10115 Berlin
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date ___________
(*) Delete where not applicable.
11. Applicable law and place of jurisdiction
(1) The purchase contract existing between us and the customer shall be governed by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant within the meaning of. § (2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.
12. Dispute resolution
(1) The EU Commission provides an online platform at https://ec.europa.eu/consumers/odr/ for the settlement of disputes in connection with online contracts.
(2) We are not obliged to participate in alternative dispute resolution within the meaning of the Consumer Dispute Resolution Act and do not offer such a procedure.
