General Terms and Conditions of sale (GTC)

§ 1 Scope of application

(1)   These terms and conditions apply to all purchases from Dennis Hermann, Kelevra Gallery (hereafter “Kelevra Gallery”) [https://www.kelevragallery.com] which are made by private customers.

(2)   Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

(3)   All services and delivery of Kelevra Gallery shall be performed exclusively on the basis of the GTC listed here, provided that they have been effectively incorporated into the contract.

§ 2 Contract/Contractual Performance

(1)   Offers relating to the range of products and services offered by Kelevra Gallery from brochures, advertisements and on the Internet are subject to change and non-binding. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Purchase", the customer places a binding order for the goods contained in the shopping cart. The confirmation of receipt of the customer's order is sent together with the acceptance of the order and the invoice by an automated e-mail immediately after ordering. With this e-mail confirmation, the purchase contract is concluded. Changes as well as cancellations can no longer be accepted at this point.

(2)   The text of the contract shall not be stored separately by Kelevra Gallery. The order data will be made available to the customer in the e-mail confirmation. The current version of the GTC can be accessed and downloaded at https://www.kelevragallery.com.

(3)   In individual cases, Kelevra Gallery reserves the right to refuse orders that do not meet Kelevra Gallery’s specified requirements or whose client is known to be uncreditworthy.

(4)   Kelevra Gallery only accepts orders and delivery addresses within the Federal Republic of Germany, Austria, Switzerland and the Netherlands. Any potential payments already made will be refunded minus any transaction fees incurred or credited back to the credit card account.

§ 3 Copyright

(1)   The copyright holder of the designs and images offered on Kelevra Gallery is Dennis Hermann Kelevra Gallery itself. 

(2)    By purchasing a product with content of the designs and images made available on Kelevra Gallery, the customer acquires exclusively the real property of the product. Rights of use for duplication of any kind, distribution, processing as well as for making available to the public are not included. 

(3)    The resale of physical products are permitted to the customer. 

(4)   The resale and distribution of digital products and content offered and originated by Kelevra Gallery (including and not limited to images, presets, designs etc.) are not permitted to the customer. 

§ 4 Production and Delivery

(1)   Production and Delivery shall be made by a third party service provider 

myposter GmbH,
Breitenau 7,
85232 Bergkirchen,
Germany

For production and delivery of physical goods offered by Kelevra Gallery, the General Terms and Conditions of myposter (https://www.myposter.de/impressum) apply.

(2)   The delivery shall be made to the delivery address specified by the customer, within the Federal Republic of Germany, Switzerland, Austria or the Netherlands and will be directly delivered ex works by myposter GmbH. 

(3)   Partial deliveries are permitted up to a quantity that is reasonable for the customer. Each partial delivery shall be deemed to be an independent delivery. If, in exceptional cases, partial deliveries are unreasonable for the customer, the customer shall not be charged for any costs incurred as a result.

(4)   myposter shall always endeavor to adhere to the delivery times specified when the contract is concluded. If, in exceptional cases, it is not possible for myposter to meet the agreed deadlines, the customer is free to withdraw from the contract within the framework of the following provisions.

(5)   The grace period for delivery shall be set by Kelevra Gallery at four weeks. The period shall commence upon receipt by Kelevra Gallery of the customer's notice of extension. If the grace period is unreasonable for the customer for certain reasons, it shall not be valid. In particular, this is the case if there is no interest in setting a grace period for compelling legally permissible reasons or if the transaction is a firm deal.

(6)   In the event of delivery disruptions that are not culpably caused by myposteror Kelevra Gallery and that cannot be influenced by myposter or Kelevra Gallery, Kelevra Gallery reserves the right to withdraw from the contract, provided that the impediment to performance is not of a temporary nature, without incurring an obligation to pay damages. This applies in particular in the event of force majeure. For the period of the impediment, Kelevra Gallery will not be in default of delivery. Any services and goods already paid for will be refunded in the event of withdrawal.

(7)   As long as the customer is in default of payment, Kelevra Gallery will suspend all services provided to the customer. Payments will be applied in chronological order to outstanding debts, interest and outstanding costs. 

(8)   If you make use of your right of revocation, you shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. Otherwise, the return is free of charge for you.

(9)   Kelevra Gallery may also refuse performance if such performance requires an effort which is grossly disproportionate to the Customer's interest in the performance of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid shall be refunded by Kelevra Gallery. 

§ 5 Favorable shipping method for returns

(1)    When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged due to an opening for functional testing. 

(2)    If enclosed in your delivery, please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.

§ 6 Prices and shipping costs 

(1)   The purchase price is due at the time of the conclusion of the contract with immediate effect. The amount due shall be debited in advance. Direct debit and charging of the credit card shall take place upon completion of the order.

(2)    All prices are end customer prices that include the value added tax (VAT), unless according to German Law § 19 UStG there is no VAT levied. In case German Law § 19 UStG applies, it will be stated on the invoice accordingly.

(3)   Payment shall be made by credit card, direct debit and Paypal.

The following service providers are available to you as payment service providers.

1.     Stripe Payments Europe, Limited
The One Building
Lower Grand Canal St, Dublin 2
Ireland

2.     PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
Luxembourg 

(4)   If the customer fails to meet his payment obligations, Kelevra Gallery has the right to declare the entire remaining debt due. This applies in particular if payments are stopped or reversed and the general creditworthiness is in question. 

(5)   If the customer is responsible for a returned direct debit credit card reversals, Kelevra Gallery reserves the right to charge a processing fee appropriate to the individual case.

(6)   Shipping costs of all kinds, including packaging, transport costs, transport insurance, and deliveries will be charged to the customer. Prices and additional costs will be calculated in accordance with Kelevra Gallery’s shipping price lists at the time and shown to you when making the order.

(7)   Additional shipping costs incurred due to the provision of incorrect delivery addresses or addressees will be charged to the customer, provided that the customer is responsible for the incorrect information.

§ 7 Default of payment

(1)   If you are in default of payment, Kelevra Gallery  is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Kelevra Gallery can prove that Kelevra Gallery has incurred a higher damage caused by default, Kelevra Gallery shall be entitled to claim such damage. 

§ 8 Retention of title

(1)   The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

(2)   The goods remain the property of Kelevra Gallery until full and final payment has been received. 

(3)   In the event that the customer defaults on payment, Kelevra Gallery reserves the right, after issuing a reminder and expiration of the associated grace period, to take back possession of the products subject to retention of title. The claiming of the retention of title and the seizure or attachment of the goods by Kelevra Gallery shall not constitute a withdrawal from the contract, unless this is contrary to mandatory applicable law, in particular the regulations governing consumer credit. 

§ 9 Warranty

(1)    Information, drawings, illustrations, technical data, descriptions of weights, dimensions and services contained in brochures, catalogs, circulars, advertisements or price lists are for information purposes only. Kelevra Gallery does not assume any warranty for the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order and invoice shall be decisive.

(2)   Unless a written guarantee has been given, there shall be no warranty for the fading or water resistance of printed products. Kelevra Gallery points out that products that have not been specifically designated for outdoor use are intended exclusively for indoor use. 

(3)   The designations and specifications stipulated upon conclusion of the contract represent the technical status at that time. Minor technical deviations (in particular image cropping and colorfulness of the printout) of the delivered goods from the advertised goods shall be permissible and shall not constitute a defect, provided that they are within the scope of what is customary in the trade and the contractual purpose is not significantly restricted. Images that are cropped may deviate slightly, but not significantly, from the specified sizes, as is customary in the trade. Minor, customary, color differences in the printout may occur if the customer's monitor is calibrated differently and not true to color. Black and white printouts may contain a slight, customary color cast due to color printing. Complaints, credit notes, as well as replacement prints in this regard are excluded, unless the deviation is outside the customary range. 

(4)   The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur (§ 14 BGB), the limitation period is one year. 

(5)   The Customer's claims under the warranty shall be subject to the condition that the Customer, if the Customer is a merchant, has complied with its obligations to inspect the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB).

(6)   Kelevra Gallery shall, at the customer's option and at Kelevra Gallery’s expense, replace a product which is already defective upon delivery (warranty case) with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases: 

a) in the case of damage caused to the customer by misuse or improper use,

b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's site (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(7)   Kelevra Gallery furthermore does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer. 

(8)   If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the respective other type of subsequent performance. The right of Kelevra Gallery to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected. 

(9)   Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product at their own expense to the return address specified by it, stating the order number. Before sending the product, the customer has to remove any objects inserted by him from the product. Kelevra Gallery is not obliged to inspect the product for the insertion of such items. Kelevra Gallery shall not be liable for the loss of such items, unless it was readily apparent to Kelevra Gallery at the time of taking back the product that such an item had been inserted into the product (in this case Kelevra Gallery shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs thereby incurred). In addition, before sending a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.

(10) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty, 

(11) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration

a) if the defect entitling to withdrawal has only become apparent during processing or remodelling, 

b) if Kelevra Gallery responsible for the deterioration or loss or if the damage would also have occurred at Kelevra Gallery,

c) if the deterioration or loss has occurred at the customer's, although the customer has taken the care he is accustomed to take in his own affairs. 

(12) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(13) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(14) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.

(15) The statutory warranty of Kelevra Gallery ends two years after delivery of the goods. The period begins with the receipt of the goods. 

§ 10 Limitation of liability

(1)   Kelevra Gallery shall have unlimited liability for damages that can be attributed to intentional or grossly negligent conduct, as well as for damages due to defects of title and the absence of warranties. This also applies to indirect consequential damages such as, in particular, lost profits.

(2)   For damages suffered by consumers due to slight negligence, Kelevra Gallery shall be liable only if an obligation (cardinal obligation) is breached, compliance with which is of particular importance for achieving the purpose of the contract. Liability shall be limited to damages typically foreseeable at the time of the conclusion of the contract and to twice the value of the order. This shall also apply to indirect consequential damages, such as in particular loss of profit. Kelevra Gallery shall not be liable for any other damage caused by slight negligence due to a defect of the object of purchase.

(3)   For damages of entrepreneurs, which can be traced back to slight negligence, the liability is limited to the damages typically foreseeable at the time of conclusion of the contract as well as to twice the order value. This shall also apply to indirect consequential damages, such as in particular loss of profit. 

(1)   The personal liability of the legal representatives, vicarious agents and employees of Kelevra Gallery for damages caused by them due to slight negligence is excluded.

(4)   Kelevra Gallery is liable in all cases for damage to life, limb and health. Liability under the Product Liability Act remains unaffected. 

(5)   Irrespective of any fault on the part of Kelevra Gallery, any liability on the part of Kelevra Gallery case of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Kelevra Gallery.

§ 10 Data Protection

(1)   With regard to data protection, the privacy policy of Kelevra Gallery shall apply.

§ 11 Right of revocation 

(1)   The right of revocation and return for distance contracts according to § 312 g para. 1 BGB is excluded according to § 312 g para. 2 No. 1 BGB if the goods are manufactured according to the specifications of the customer and are tailored to his or her personal needs. For this reason, all photo products ordered at Kelevra Gallery and manufactured by myposter GmbH, including products from the myposter Motivwelt, are excluded from the right of return.  

§ 12 Applicable Law

(1)   The contract concluded between you and Kelevra Gallery shall be governed exclusively by the laws of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

§ 13 Place of jurisdiction

(1)   the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Munich, Germany. This is also the case if you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed.

§ 14 Dispute resolution

(1)   General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. 

§ 15 Final Provision

(1)   Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby. 

(2)   Amendments or supplements to this contract must be made in writing.