CONDITIONS

We make art. And we sell art. That is our business. And we would like to regulate this bindingly with you as follows: LionArt U. Lion Hochallee 116 20149 Hamburg Germany Tel.: 0172 - 690 2227 lion-art.de eMail: lion@lion-art.de The aim of our General Terms and Conditions is to regulate the business relationship between you and us in a binding and fair manner. The basis of an order and a contract are therefore always the following General Terms and Conditions of LionArt, which you confirm that you have read and accepted when placing an order or registering in your customer account with us. You can view and/or print out the terms and conditions here. For the business relationship between LionArt and the purchaser, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. LionArt cannot accept deviating terms and conditions of the buyer unless LionArt has expressly agreed to them in writing. A note in advance: The papers, dyes, chemicals and other materials used by our suppliers in our materials and manufacturing processes can, like other dyes, change slightly over time, sometimes even from one production batch to the next.

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Changes occur in particular over time due to high temperatures, high humidity - or its strong fluctuation - and exposure to sunlight. To ensure that you can enjoy our products in the long term, you should not expose photographs, laminations and frames to direct sunlight in whole or in part, place them directly above heaters or expose them to humidity levels exceeding those of normal living spaces. Photographs, laminations and frames are therefore not suitable for outdoor areas, basements, bathrooms and kitchens. Of course, we also offer products that are suitable for outdoor use. Please ask us about this. Laminations with UV protection film or acrylic glass and wooden frames are very sensitive to scratches and stains and should therefore only be handled with gloves or comparable protection.

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GENERAL RULES

1. Registration

Any natural person, legal entity or partnership with legal capacity. Please enter the data requested by us during registration completely and correctly. E.g. first and last name, current address (no P.O. Box) and telephone number (no premium rate number), a valid e-mail address and, if applicable, your tax number(s) and details of VAT liability. We are entitled, but not obliged, to check the accuracy of the information provided. If you are registering on behalf of a legal entity, this registration may only be made by an authorized natural person who must be named. If the data provided changes after registration, you are obliged to correct the details in your account immediately. When you register, you choose a user name (your e-mail address) and a password. The user name must not infringe the rights of third parties - in particular name or trademark rights - and must not be misleading or contrary to public decency or the law. We are free to define formal requirements and restrictions for new usernames or to reject usernames - even retrospectively.

2. Our Services

At your request using the input aids provided by LionArt, we perform the following services: we create physical prints or prints, i.e. digital data reproduced on a carrier material with optional framing or lamination, e.g. for your own use or for resale. We also produce prints of photographs from our picture world according to your individual specifications.

 

3. Ordering Process

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. The products selected by you via the "Add to shopping cart" button are summarized once again in an order overview at the end of the ordering process. Here you should check all the information provided during the ordering process and amend or correct it using the "Change" button. By clicking on the "Buy now" button, you submit your order data and make a binding declaration to LionArt that you wish to purchase the products listed there (offer). We automatically accept your offer upon receipt of your order. Immediately after sending the order, you will receive an order and contract confirmation by e-mail, in which the details of your order are listed again. The text of your order will be saved by us and can be sent to you on request once your order has been completed. For your security, we recommend that you print out the order details and the General Terms and Conditions applicable at the time of ordering. The contract language is German. If the domestic or foreign VAT identification number of the customer cannot be validated as part of the qualified confirmation request via the VAT Information Exchange System of the European Commission (VIES) or if the customer has not provided his VAT identification number when placing the order, the order will be invoiced subject to VAT even in the case of a cross-border delivery. The client bears the risk of non-validation of the specified VAT identification number if this is due to circumstances for which LionArt is not responsible.

 4. Revocation

4.1 We would like to point out that a right of revocation is excluded for works from our repertoire as well as for works with a freely selectable size, equipment, refinement or detailed design ("individual product") by LionArt, as the works created are individually produced according to your specifications and are tailored to your personal needs. For individual products, a right to cancel the order is excluded in accordance with Section 312 g (2) No. 1 BGB (right of revocation and return for distance selling contracts). 

 

5 Delivery Times

5.1 The delivery time for a standard delivery in Germany is approx. 10 working days from the order date. 5.2 Unless otherwise agreed, delivery will be ex warehouse to the delivery address you specify. After delivery, you will usually receive a confirmation e-mail from us. 5.3 If possible, everything will be delivered in one shipment. We are entitled to make partial deliveries insofar as this is reasonable for you. If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. 5.4 What needs to be considered for deliveries abroad? Please note that express delivery abroad is not possible. If taxes, customs duties or fees are incurred for shipments to countries outside the EU, these will be borne by you. Payment by direct debit is only possible for deliveries abroad if the invoice address is in Germany.

6 Shipping Costs

The shipping costs are included in the price of the order, unless otherwise stated.

7 Prices

7.1 The prices for our services in accordance with Section 2 of these GTC are based on the current price list. 7.2 The prices stated in the online store are final prices including VAT. 7.3 We are entitled to change the price list for future orders at any time without separate notification. 

8 Payment

8.1 Payment methods Our currently offered payment options and the conditions of their use can be found at the end of the ordering process. 8.2 Due date The purchase price must be paid in advance. 8.3 PayPal In the case of a PayPal payment, you will be automatically redirected to the PayPal payment service after completing the order process. The payment process is then governed by PayPal's terms and conditions. 8.4 Purchase on account When purchasing on account, you will receive an invoice by email after placing your order and - if available - a notification in your LionArt customer account. Please transfer the invoice amount due within 7 days to the following account using the purpose of payment: Account holder: LionArt - U. Lion; Account number: 2579563800; Sort code: 500 333 00 IBAN: DE53 5003 3300 2579 5638 00; BIC/S.W.I.F.I.T: SCFBDE33XXX; Bank: Santander You will find the intended purpose on your invoice. 8.5 If the buyer is in default of payment, LionArt is entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the European Central Bank for consumers and 9 percentage points above the base interest rate p.a. announced by the European Central Bank for entrepreneurs. 

In addition, LionArt can demand a flat rate of EUR 5.00 for the second and EUR 7.00 for the third reminder. If LionArt has demonstrably incurred higher damages due to default, LionArt is entitled to claim these. 

9 Retention Of Title

The completed works remain the property of LionArt until full payment has been made.

10 Obligations To Cooperate And Responsibilities Of The Customer

10.1 You must treat any password chosen by you or communicated by us for the use of our services with your customer account confidentially and protect it from misuse. You shall be liable for any damage arising from the misuse of your customer account and/or your password for which you are responsible. You must keep your password secret and carefully secure access to your account. You are obliged to inform us immediately if there are any indications that your account has been misused by a third party. 

11 What May I Do With The Purchased Work?

11.1 Please note that when you purchase a work with content from our imagery, you only acquire ownership of it in rem. No other rights of use are granted. Any reproduction (duplication), distribution, rental, making available to the public or other analog or digital use is not permitted, unless permitted by law. 11.2 You may resell the work as you wish.

12. What Warranty Are Our Services Subject To?

We are liable for defects in accordance with the applicable statutory provisions. The warranty period for goods supplied by us is 2 years. An additional warranty only applies to the goods delivered by us if this was expressly stated in the order confirmation for the respective item. 

13 What do you have to do if you want to complain about our performance as an entrepreneur?

13.1 If you are an entrepreneur according to § 14 BGB, your claims for defects presuppose that you have complied with your statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). If a defect is discovered during the inspection or later, we must be notified immediately in writing. The notification shall be deemed immediate if it is made within two weeks, whereby the timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you must report obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby the timely dispatch of the report is also sufficient to meet the deadline. If you fail to properly inspect the goods and/or notify us of defects, our liability for the unreported defect shall be excluded. 13.2 Defects in part of the delivered goods do not entitle you to complain about the entire delivery, unless a partial delivery is of no legitimate interest to you.

14 Liability

14.1 Within the scope of the statutory provisions, we are liable without limitation for damages (a) from injury to life, body or health that are based on an intentional or negligent breach of duty or otherwise on intentional or negligent behavior by LionArt or one of its legal representatives or vicarious agents; (b) that are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent behavior by the provider or one of its legal representatives or vicarious agents. 14.2 We are liable, limited to compensation for foreseeable damages typical for the contract, for such damages that are based on a slightly negligent breach of essential obligations by LionArt or one of its legal representatives or vicarious agents. Essential obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the buyer may rely. 14.3 The above provisions also apply analogously to the liability of LionArt with regard to the reimbursement of futile expenses. 14.4 Liability according to the Product Liability Act remains unaffected. 

15. Indemnification

You shall indemnify us upon first request against all claims of third parties which they assert against us on the basis of or in connection with the culpable use of our offer by you under existing trademark, design, utility model, patent, copyright and/or other intellectual property rights or in particular on account of an infringement of personal rights or on account of violations of statutory prohibitions. You shall bear the costs incurred by us in this respect for reasonable legal defense and/or prosecution against third parties. If you recognize or must recognize that such an infringement is imminent, you are obliged to inform us immediately.

16 Personal Data

You can find all information on this in our privacy policy.

17 How long do the GTC apply? These GTC apply exclusively in the version valid at the time of the order. We do not recognize any deviating terms and conditions of yours unless we have expressly agreed to their validity in writing. 

18. Law And Place Of Jurisdiction

18.1 The GTC are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 18.2 If you are a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Hamburg shall be the exclusive place of jurisdiction for all disputes arising from these GTC and individual contracts concluded thereunder.

19. Information On Online Dispute Resolution Pursuant to Art 14 para. 1 ODR Regulation and §§ 36 f. VSBG The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. A list of consumer arbitration boards recognized in Germany can be found at List of consumer arbitration boards. In any case, you can contact the general consumer arbitration board of the Zentrum für Schlichtung e . V., Straßburger Str. 8, D-77694 Kehl; telephone: +49 7851 79579 40; fax: +49 7851 79579 4, e-mail: mail@verbraucher-schlichter.de. Internet: verbraucher-schlichter.de contact. Status: May 2024

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