General Terms and Conditions (GTC) and Customer Information

Preamble

We would like to provide you with all the necessary information from the start to avoid misunderstandings. Since we deal with delicate artworks, it is important to note a few things.

Digital art prints and original artworks are sensitive to environmental influences. Their appearance and color may change or fade over time. To preserve the quality of our artworks, please do not expose them to direct sunlight, do not hang them above heaters, and avoid placing them in rooms with high humidity. Photographs, mounted artwork, and frames are unsuitable for outdoor areas, basements, bathrooms, and kitchens. Mounts featuring UV protection film or acrylic glass, as well as wooden frames, are particularly prone to scratches and stains and should only be handled with gloves or similar protection.

The contractual partner and user of these GTC is mahalinchen GmbH.

Our GTC are intended to establish a binding and fair foundation for the business relationship between you and us. Therefore, the following GTC of mahalinchen GmbH form the basis of every order and every contract, whose acknowledgment and inclusion you confirm by placing an order with us. You can view the GTC on our website.

§ 1 Scope

These GTC apply to all business relationships between mahalinchen GmbH and the customer, in the version valid at the time of the order. mahalinchen GmbH does not recognize any terms and conditions of the customer that deviate from these unless mahalinchen GmbH has explicitly agreed to them in writing.

§ 2 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place orders (non-binding online catalog). The products you select will be shown to you in an overview during the ordering process, where you can review and correct your entries if necessary. By clicking the “Buy Now” button, you submit a binding order for the goods contained in the shopping cart. We accept your order by sending an order confirmation via email, thereby concluding the purchase contract.

We store the contract text and send you the order data and our GTC by email. You can also view these in your customer login area. The contract language is German. We only sell products in quantities typical for household use.

§ 3 Cancellation

You have the right to withdraw from this contract within 14 days without stating any reason.

Please note that there is no right of cancellation for artworks individually created according to your specifications, as well as for custom digital prints in special sizes, because they are produced based on your specifications.

The cancellation period is 14 days from the day on which you or a third party designated by you took possession of the goods. To exercise your right of cancellation, you must inform us,

mahalinchen GmbH
Helene Luise Schenk
Waldstr. 3
16341 Panketal
Email: info@heleneluiseschenk.com

by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of Cancellation

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a different type of delivery than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we receive the notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged any fees for this refund. We may withhold the refund until we have received the returned goods or until you have provided proof that you have sent back the goods, whichever is earlier.

You must send back the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. In most cases, the goods cannot be returned via normal postal service. Please contact customer service for further information: info@heleneluiseschenk.com

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

§ 4 Delivery

Unless otherwise agreed, delivery is made from the warehouse to the address provided by you. The delivery time within Germany is approximately 12 working days, and for international deliveries approximately 18 days.

§ 5 Prices, Due Date and Payment, Default

The prices listed in the online shop are final prices including VAT. The shipping costs are listed separately during the ordering process. Our currently available payment methods and their terms of use can be found in the shop.

If the account does not have sufficient funds or in case of an unauthorized objection to the direct debit, mahalinchen GmbH may charge a processing fee of €5. In the event of payment default, we are entitled to claim default interest at 5 percentage points above the base rate of the European Central Bank for consumers and 9 percentage points for entrepreneurs. Additionally, mahalinchen GmbH may charge a flat fee of €2.50 for each reminder, apart from the first reminder. If a higher default damage has occurred to us, we may also claim it.

§ 6 Shipping Costs

mahalinchen GmbH charges the following shipping costs for deliveries within Germany:

Longest Edge (cm) Standard Shipping
Print €10.00
0 – 30 €4.90
31 – 60 €6.90
61 – 99 €12.90
100 – 124 €29.00
201 – 279 €99.00

For standard shipping, we deliver the goods within 12 days to the address provided by you. Book shipments are free of charge.

International delivery: Select the desired delivery country during the ordering process; the costs will be displayed accordingly.

§ 7 Set-off, Retention

You are only entitled to set off if your counterclaims have been legally established or recognized by us. You are also entitled to set off if you assert notices of defects or counterclaims from the same purchase contract. You may only exercise a right of retention if your counterclaim arises from the same contractual relationship.

§ 8 Retention of Title

The delivered goods remain our property until full payment is made. For entrepreneurs, the following additionally applies: We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship.

§ 9 Transport Damage

For consumers: If goods are delivered with obvious transport damage, please lodge a complaint with the carrier immediately and contact us without delay. Failure to make a complaint or contact us does not affect your legal claims, but it helps us to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we hand over the goods to the freight carrier, shipping company, or person or institution otherwise designated to carry out the shipment.

§ 10 Liability

mahalinchen GmbH shall be liable under statutory provisions without limitation for damages:

mahalinchen GmbH is liable, limited to the contract-typical foreseeable damage, for such damages that are based on a slightly negligent breach of essential contractual obligations by mahalinchen GmbH or one of its legal representatives or vicarious agents. Essential contractual obligations are those that enable the proper execution of the contract in the first place and on whose compliance the customer may rely.

The above provisions apply accordingly to the liability of mahalinchen GmbH with regard to the reimbursement of futile expenses.

Liability under the Product Liability Act remains unaffected.

§ 11 Warranty

The statutory warranty rights apply unless otherwise expressly agreed.

If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), your warranty claims require that you have fulfilled your statutory duties of inspection and notification (§§ 377, 381 of the German Commercial Code – HGB). If a defect becomes apparent upon inspection or subsequently, you must notify us immediately in writing. Notification is immediate if made within two weeks; timely dispatch of the notification is sufficient to meet the deadline. Regardless of this, you must notify obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery. Failure to properly inspect and/or notify defects excludes our liability for the defect not reported.

§ 12 No Granting of Rights

By purchasing a digital print, you only acquire ownership of the physical print. No further rights of use are granted. Any reproduction, distribution, rental, public disclosure, or other analog or digital use is not permitted, unless it is legally allowed. However, you may resell the print.

§ 13 Collection, Processing, and Use of Personal Data

All provisions for the protection of your data can be found under Privacy Policy on our website.

§ 14 Code of Conduct

We have committed to the Trusted Shops Code of Conduct (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf).

§ 15 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.

§ 16 Final Provisions

For entrepreneurs, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Contact Information

Helene Luise Schenk
mahalinchen GmbH
Waldstr. 3
16341 Panketal
Email: info@heleneluiseschenk.com
Tel.: 030 – 94 631 696
Fax: 030 – 94 798 626
Date: June 1, 2024