General Terms and Conditions
Sections
General Terms and Conditions of www.eastartstories.com for purchases and orders made online.
As of: November 2023
§ 1 General Provisions and Scope
(1) The homepage of the Eastartstories.com art gallery, Ewa Lisicka, presents works of art by various artists. The works of art can be purchased.
Eastartstories.com, Ewa Lisicka, acts as an intermediary for purchase agreements regarding works displayed on the eastartstories.com homepage. This means that it facilitates the conclusion of purchase agreements with the respective artists/sellers.
The following terms of sale apply to the entire business relationship established via this website between the seller and the customer. Contracts are concluded exclusively in German language terms where legally required.
(2) Customers within the meaning of these GTC include both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. If the following provisions apply only to consumers, the customer is referred to below as a "consumer". If provisions apply only to entrepreneurs, the customer is referred to below as an "entrepreneur". An entrepreneur is any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business, or profession when entering into a legal transaction.
§ 2 Conclusion of Contract; Storage of Contract Text
(1) The contract between the artist/seller and the customer is concluded including these GTC. The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "zahlungspflichtig bestellen" (order with obligation to pay) or "kaufen" (buy) and completing the form with personal data (first name, surname, address, telephone number, email), you place a binding, paid order.
(2) After receipt of the order, the art gallery informs the buyer about the availability of the work in the confirmation message. Acceptance of the order takes place by sending an email to the email address provided by the buyer in the order form. The message contains confirmation of all essential elements of the contract, including the price of the work and shipping costs. It also includes the bank account details to which the buyer should transfer payment. The purchase contract is concluded upon receipt of this email confirmation by the customer.
This creates the buyer's obligation to pay the purchase price by bank transfer within 10 days after receiving the email. Each purchase contract is confirmed by a certificate of authenticity for the work.
(3) If payment is not made within the above period, the purchase contract is canceled and the goods will not be delivered to the buyer.
(4) The intermediary reserves the right to reject an order at any stage of execution in exceptional cases, for example for important economic or logistical reasons. This applies in particular in cases where, due to an error or technical fault, there is an obvious and substantial discrepancy between the price or data of the presented object and reality. The buyer will always be informed by the art gallery staff as quickly as possible if such a case occurs.
§ 3 Right of Withdrawal - only for contracts with consumers -
(1) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (East Art Stories, Ewa Lisicka, Winsstraße 32, 10405 Berlin, email: eastartstories@eastartstories.com, phone: +49 175 698 0601) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for supplementary costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement we will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of this reimbursement.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The return address will be provided by email. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
Here you can find the model withdrawal form as a PDF version.
(3) Exclusion/expiry of the right of withdrawal:
Pursuant to section 312g (2) BGB, among others, there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual choice or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer. The right of withdrawal also expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§ 4 Prices, Delivery Time, and Shipping Costs
(1) The prices listed in the offers are final prices, i.e., they include all price components including applicable taxes. Details can be found in the product description. The prices valid at the time of the order apply.
(2) Delivery time is shown individually in each offer or stated in the confirmation email. Delivery is made after receipt of the purchase price to the address provided in the order. Unfortunately, delivery to islands is not possible.
(3) The respective shipping costs are stated individually in the confirmation email.
§ 5 Payment Methods, Payment Terms, and Retention of Title
The customer may use the payment option specified in the respective offer: bank transfer. The delivered goods remain our property until full payment has been made. Our prices include the currently applicable German VAT.
§ 6 Transfer of Risk, Transport Damage
(1) In the case of sale by dispatch to a consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover of the purchased item. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration passes as soon as the shipment has been handed over to the person carrying out transport. Handover is deemed to have taken place if the customer is in default of acceptance.
(2) If the customer is an entrepreneur, the purchase is a commercial transaction and any defects must be reported immediately; otherwise, the right to notify defects is forfeited.
(3) The customer shall support the seller to the best of their ability if the seller asserts claims against the relevant transport company or transport insurance.
§ 7 Place of Jurisdiction
(1) Place of jurisdiction for merchants is Berlin.
(2) The relationships between the contracting parties are governed by the law applicable in the Federal Republic of Germany. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
§ 8 Data Protection and Security
During registration and ordering, customer data is stored. Email inquiries are also archived. This data is not made accessible to third parties and serves exclusively to improve order processing. The customer agrees that personal data may be stored and processed for this purpose within the framework of the business relationship.
§ 9 Final Provisions
(1) All works shown are protected by copyright. In particular, it is not permitted to copy, edit, print, or publish these images. Violations will be prosecuted under civil and criminal law.
(2) Online dispute resolution pursuant to Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), available at http://ec.europa.eu/consumers/odr/. We endeavor to settle any differences of opinion arising from our contract with the customer amicably. Beyond that, we are not obliged to participate in dispute resolution proceedings and unfortunately cannot offer participation in such proceedings to our customers.
(3) Should individual provisions of the contract, including these GTC, be wholly or partially invalid, or should the contract contain a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
PRIVACY POLICY
1. Name and contact details of the controller
This privacy information applies to data processing by:
East Art Stories, Ewa Lisicka, Winsstraße 32, 10405 Berlin,
Email: eastartstories@eastartstories.com, Phone: +49 0175 698 0601
2. Collection and storage of personal data and type and purpose of their use
When visiting the website
When you access our website www.eastartstories.com, information is automatically sent by the browser used on your device to our website server. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automatic deletion:
- IP address of the requesting computer,
- date and time of access,
- name and URL of the retrieved file,
- website from which access is made (referrer URL),
- browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
We process the aforementioned data for the following purposes:
- ensuring a smooth connection setup of the website,
- ensuring comfortable use of our website,
- evaluating system security and stability, and
- for other administrative purposes.
The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above. Under no circumstances do we use the collected data to draw conclusions about your person.
In addition, we use cookies and analytics services when you visit our website. Further explanations can be found under section 4 of this privacy policy.
3. Disclosure of data
Your personal data is not transferred to third parties for purposes other than those listed below.
We only disclose your personal data to third parties if:
- you have given your explicit consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR,
- disclosure is necessary pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR for the assertion, exercise, or defense of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data,
- in the event that there is a legal obligation for disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and
- this is legally permissible and required pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of contractual relationships with you.
4. Cookies
We use cookies on our website. These are small files that your browser automatically creates and stores on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not cause any damage to your device and do not contain viruses, trojans, or other malicious software.
The cookie stores information resulting in each case from the specific device used. However, this does not mean that we gain direct knowledge of your identity.
The use of cookies serves, on the one hand, to make the use of our offer more pleasant for you. For example, we use session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our website.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a defined period. If you visit our site again to use our services, it is automatically recognized that you have already visited us and which entries and settings you made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you (see section 5). These cookies enable us to automatically recognize that you have already visited us when you return to our site. These cookies are automatically deleted after a defined period.
The data processed by cookies is required for the stated purposes to protect our legitimate interests and those of third parties pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR.
Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that a notice always appears before a new cookie is created. However, fully disabling cookies may mean that you cannot use all functions of our website.
5. Data subject rights
You have the right:
- pursuant to Art. 15 GDPR, to request information about your personal data processed by us. In particular, you may request information about processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing, or objection, the existence of a right to lodge a complaint, the origin of your data if not collected by us, and the existence of automated decision-making including profiling and, where applicable, meaningful information about its details;
- pursuant to Art. 16 GDPR, to request without undue delay the rectification of inaccurate or completion of your personal data stored by us;
- pursuant to Art. 17 GDPR, to request erasure of your personal data stored by us unless processing is required for exercising the right of freedom of expression and information, compliance with a legal obligation, reasons of public interest, or establishment, exercise, or defense of legal claims;
- pursuant to Art. 18 GDPR, to request restriction of processing of your personal data where the accuracy of the data is contested by you, the processing is unlawful but you oppose erasure, we no longer need the data but you require it for establishment, exercise, or defense of legal claims, or you have objected to processing pursuant to Art. 21 GDPR;
- pursuant to Art. 20 GDPR, to receive your personal data that you provided to us in a structured, commonly used, and machine-readable format or to request transmission to another controller;
- pursuant to Art. 7 para. 3 GDPR, to withdraw your consent at any time with effect for the future. As a result, we may no longer continue data processing based on this consent in the future; and
- pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority. As a rule, you may contact the supervisory authority at your usual place of residence or work or our registered office.
6. Right to object
If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right pursuant to Art. 21 GDPR to object to the processing of your personal data where there are grounds relating to your particular situation or where the objection is directed against direct advertising. In the latter case, you have a general right to object which we will implement without requiring a particular situation.
If you wish to exercise your right of withdrawal of consent or your right to object, an email to: eastartstories@eastartstories.com is sufficient.
7. Data security
We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
Legal notice:
East Art Stories, Ewa Lisicka
Winsstraße 32
10405 Berlin
VAT identification number: DE 346344172
E-Mail: eastartstories@eastartstories.com
Phone: +49 0175 698 0601