Terms and Conditions GENERAL TERMS AND CONDITIONS

These are the Terms and Conditions of Galerie
, konsum163-contemporary art gallery, Lehmann Konsum GmbH, and artBam—the EventBrand of konsum163—contemporary
Cahnsdorf 163, 15926 Luckau
Phone: +49 (0)176 4125 94 43
Email: presser@konsum163.art

Office and Address:
81827 Munich
23 Mondseestraße

Munich Gallery:
Schelling Street 52
80799 Munich

You can view our General Terms and Conditions (“GTC”) below. The GTC constitute a contract between you and Galerie konsum163-modern art gallery. They serve to govern our business relationship in a binding and fair manner.
Hereinafter, the business division of the konsum163-modernart gallery will be referred to as “Galerie.” The company operating under this name is lehmann konsum gmbh.

1. Scope and Changes to the Terms of Use
The General Terms and Conditions in effect at the time of your order apply, and the gallery recommends that you print them out at that time. The gallery reserves the right to change the Terms of Use or other terms at any time.

2. Communication
Except where the law requires written form, you agree to communicate with Galerie electronically, and no written form is required. Electronic communication takes place via a computer or mobile device through emails, text messages, or other communications. We will communicate with you to process your order, delivery, and payment, and you agree to receive personalized information from us (to enhance your shopping experience) electronically.

3. Price Structure
Value-added tax (VAT) is included in the prices listed on this page for Germany and the European Union. Prices outside the EU are listed excluding VAT. Additional shipping costs from the warehouse will apply when placing an order (see 9. Shipping Costs).

4. Payment and Delivery
We offer various payment options. Since lehmann konsum gmbh operates behind the scenes as the gallery’s operator, lehmann konsum gmbh accepts payments for the gallery’s services. The gallery sells the artworks in the name and on behalf of the artists listed.

Full payment, without any deductions, is a prerequisite for the delivery of the purchased artwork.

If payment in installments has been agreed upon, the artwork will be delivered upon receipt of the first installment.

An exception to this is a trial hanging agreed upon between the buyer and the gallery. The trial hanging is documented by a loan receipt. Works of art purchased by the customer following a trial hanging are due for payment in full immediately upon issuance and receipt of the invoice. The invoice date applies.

5. Payment Demands by the Gallery
If payment is more than 14 days overdue, the gallery charges late payment interest at a rate of 5% above the base rate.
For discounted merchandise, the discount is no longer applicable after 14 days, and the full, undiscounted price is due.

In the event of a late payment on an installment plan, the total purchase price becomes due immediately, plus a 10% surcharge.

6. Contractual Agreements and Conclusion of the Contract
The products displayed on our website constitute a non-binding online catalog and do not constitute a legally binding offer. If you wish to complete your order, you accept and confirm our Terms and Conditions by checking the box next to the text “By placing my order, I agree to the Terms and Conditions” after receiving a binding offer from the Gallery. You submit your order details to us by clicking the “Submit Order” button and thereby make a binding declaration to the Gallery that you wish to purchase the ordered products. This constitutes a legally binding offer from you to the Gallery to enter into a purchase agreement. You will then receive an email with the order confirmation, which lists your order again. This order confirmation does not mean that we accept your offer, but rather confirms that we have received your order. During this period—between placing your order and the shipment of the products you ordered—you may cancel your order at any time free of charge, with the exception of customized products offered by us and agreed upon with you in writing. As soon as we have shipped your order, you will receive a shipping confirmation in a second email, and this, in turn, constitutes the formation of a sales contract between you and Galerie for the products you ordered. Invoices are included in the package containing the products you ordered. You must pay the invoice within four weeks. If the invoice is lost, please contact Galerie, and Galerie will immediately resend a copy to you via email.

7. Minors
We do not sell our products to minors. You must be at least 18 years old to purchase a product.

8. Data Protection
We treat your data confidentially and collect it for the purpose of processing your order, handling payment and verifying it (purchase on account), delivering the goods to you, and providing services. We also use it to improve and personalize your shopping experience and to notify you of comparable or similarly interesting products through our newsletter. You can unsubscribe at any time by sending us a brief message, after which you will no longer receive unsolicited information from Galerie.

9. Shipping Costs
Shipping costs are not included in the sales price and are billed separately. In some cases, shipping costs are listed in the online store. For products whose packaging type must be clarified with the buyer or whose dimensions exceed standard sizes, the buyer must request shipping quotes separately. This also applies to shipments outside of Germany or the EU. Import duties are the responsibility of the customer. This applies only to the initial shipment. If the ordered product is returned to us by the buyer, the shipping costs must also be borne by the buyer.

10. Delivery
Delivery will be made to the customer’s address or to the shipping address provided by the customer within Germany within approximately 12 business days. Outside of Germany, the gallery delivers only by arrangement and upon separate quotation. Delivery of your ordered products is guaranteed only as long as they are in stock within the limited edition run. We ship orders on a first-come, first-served basis while supplies last.
Before accepting the delivery, the buyer is responsible for inspecting the goods for any damage caused by the carrier and for reporting such damage. Obvious damage discovered only after acceptance must be reported to us within five business days of acceptance. If this is not done within this period, no claim for such obvious damage (notice of defects) can be made.

11. Retention of Title
Until the purchaser has paid the purchase price in full, the artist—represented by the gallery—remains the owner of the purchased item, even after delivery.

12. Rights of Use
When purchasing a photographic print, the copyright remains with the artist and is not transferred to the buyer. The buyer acquires only physical ownership of the print. The buyer is therefore prohibited from reproducing, duplicating, or distributing the photographic print in any way, or from using it digitally or analogously. Public exhibitions of the purchased works require the consent of the respective artists concerned. No other rights of use are granted to the buyer.
If we take no action in the event of a violation of these rights of use or any of our other rights, our right to take action against such violations at any other time remains unaffected.

13. Proper Handling of the Purchased Item
Photographs, as well as frames and mountings, are sensitive to significant temperature fluctuations, high humidity, and heat. Therefore, do not hang your items directly over a heater, outdoors, in bathrooms, kitchens, or basements. Direct sunlight must also be avoided at all costs. For proper handling, we also recommend wearing gloves or similar protective gear to prevent stains or scratches.

14. Warranty/Liability for Defects
Galerie warrants that the ordered product is free from material and legal defects. This warranty period is 24 months. During this period, defects subject to statutory liability for defects will be remedied free of charge. After the first six months, the burden of proof lies with the buyer should they discover defects in the merchandise. Galerie assumes no warranty liability in cases of improper handling, storage, or care of the product, or in cases of natural wear and tear. In this regard, Galerie assumes it is generally known that photographs may fade and change color. Galerie assumes no warranty liability for this.

15. Right of Withdrawal (for Distance Sales) of Pre-Made Works
You may cancel the contract within 14 days without providing a reason. The cancellation period begins upon receipt and taking possession of the goods (day one of 14) by you or a third party designated by you in the case of a single shipment. In the case of a single order with separate deliveries, the period begins upon receipt and taking possession of the last item by you or a third party designated by you.
For your cancellation to be valid, you must notify us in writing (by mail or email) and send it within 14 days. Please use our contact information:
konsum163-modern art gallery,
co/Carsten Lehmann
Mondseesstraße 23, 81827 Munich
Phone: +49 (0)160 9468n 17 37
Email: curator@konsum163.art

 

Upon receipt of your written notice of cancellation, we will refund all payments you have made within 30 days.
You are responsible for the costs associated with returning the merchandise.

We will provide you with the return address in writing after we receive your notice of cancellation.

16. Set-off, Retention
The buyer is not permitted to set off claims against the Gallery or exercise a right of retention, except in the case of claims that have been legally established, acknowledged by the Gallery, or are undisputed.

17. Liability
Galerie undertakes to fulfill the terms of the respective individual contract, taking into account ancillary obligations, in order to achieve the respective contractual objective. Galerie bears unlimited liability for grossly negligent or intentional breaches of material contractual obligations (cardinal obligations). Essential contractual obligations are defined as those whose non-compliance jeopardizes the purpose of the contract and whose proper fulfillment is essential to the contract’s execution in the first place. Galerie assumes liability only for damages that are reasonably foreseeable and typical for this type of contract, and for no obligations other than those mentioned above.

German law applies.

As of January 1, 2024