TERMS & CONDITIONS
SAYSAY.LOVE / SAYSAY.LOVE ONLINE STORE
We would start by pointing out that reproductions of artworks are always dependent on environmental influences; their appearance and colour can change and fade. To ensure you keep enjoying our works of art, you should not expose photographs, laminations or frames, either in part or in full, to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room. Photographs, laminations and frames are therefore not suitable for external areas, cellars, bathrooms or kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and dirt and should therefore only be handled with gloves or equivalent protection.
The contractual partner and user of these Terms and Conditions is
ComCap Commerziale Unternehmensberatungs GmbH
Neue Kreisstraße 23,
14109 Berlin, Germany
Our terms and conditions have been drafted to regulate the business relationship between you and us and are intended to be both binding and fair. The basis for any order or contract will therefore always be the following General Terms and Conditions of ComCap Commerziale Unternehmensberatungs GmbH., and you acknowledge and confirm you are aware of them and agree to their application when you place an order with us.
The following General Terms and Conditions in their most current version at the time of order shall exclusively govern the business relationship between ComCap Commerziale Unternehmensberatungs GmbH, Berlin in Germany, here acting under the brand SaySay.Love (in the following ‘SaySay’ or ‘SaySay.Love’), and the orderer. ComCap Commerziale Unternehmensberatungs GmbH shall not recognise any differing terms set out by the orderer unless such conditions have been expressly agreed to by SaySay.Love in writing. ‘SaySay.Love’ is representing the artist’s name.
2. CONCLUSION OF CONTRACT
The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products you have selected by pressing the “Add to cart” (or a similar button with the same functional purpose) are summarised again for you in an order overview at the end of the order process. Here you can review the various information provided during the order process and add to or correct it by clicking the “Change” button. By clicking the button “Order now”, you send your order details and make a binding declaration to ComCap Commerziale Unternehmensberatungs GmbH, representing the brand SaySay.Love, that you want to purchase the products listed there (Offer). We automatically accept your offer upon receipt of your order. Directly after sending the order, you will receive an email with an order and contract conformation, in which the details of your order are listed again.
The text of your order is saved by us and upon request can be sent to you after completion of your order. For your own protection, ComCap Commerziale Unternehmensberatungs GmbH recommends printing out the order details and the Terms and Conditions applicable at the time of order. The contractual language is English.
Please note that we sell all products in small quantities only.
You have the following right of cancellation for all online orders of prefabricated works (in the presentation specified by SaySay.Love):
Statutory Right Of Cancellation & Sample Cancellation Form:
Right Of Cancellation
You have the right to cancel this contract without reason within fourteen days.
The cancellation policy lasts 14 days from:
- A) The day on which you – or a third party named by you who is not the shipping service – take/takes the goods into possession, if you ordered one item or multiple items in a single order, and the item(s) arrive(s) in a single delivery
- B) The day on which you – or a third party named by you who is not the shipping service – take(s) the final goods into possession in the event that multiple items from a single order are shipped separately.
To exercise your right to cancel, you must inform us (ComCap Commerziale Unternehmensberatungs GmbH, Neue Kreisstraße 23, 14109 Berlin, Germany, E-mail: sayto(at)saysay.love) of your decision to cancel in a clear, written statement (by letter, fax, or e-mail).
The deadline for the right to cancel will be met as long as your statement indicating you will be exercising the right to cancel is sent within the allotted cancellation period.
Cancellation Terms and Process
Should you cancel the sale contract, we are to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly – at the latest, within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you inform us of the cancellation. This deadline is met as long as the return shipment of goods is sent out within the allotted period.
For orders from the EU and Switzerland, we shall bear the costs for returning goods.
For orders from all other countries, you shall bear the direct costs for returning goods. Typically, goods cannot be returned by normal post. Please contact us for more information.
You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.
Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 7 workdays.
6. PRICES, DUE DATE AND PAYMENT, DEFAULT
Should the account of the orderer lack sufficient funds, or the orderer countermand the bank debit without just reason, SaySay.Love shall have the right to demand an administration fee of €5.00 from the orderer.
If you are in default, ComCap Commerziale Unternehmensberatungs GmbH reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, ComCap Commerziale Unternehmensberatungs GmbH can charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, SaySay.Love reserves the right to assert claims in respect of these.
In the above cases you are entitled to prove that no costs were in fact incurred by ComCap Commerciale Unternehmensberatungs GmbH or that these costs were less than the flat-rate fees stated above.
7. SHIPPING COSTS
We offer free shipping option for all artworks in our store.
8. OFFSETTING, RETENTION
You only have the right to offset if your counterclaims are legally upheld or are acknowledged by SaySay.Love. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.
9. RETENTION OF TITLE
Until full and final payment, the delivered goods shall remain the property of SaySay.Love and ComCap Commerziale Unternehmensberatungs GmbH.
Within the scope of statutory provisions, SaySay.Love is liable for damages without restriction.
(a) relating to loss of life, physical injury or damage to health which is due to wilful or negligent breach of duty or is otherwise due to wilful or negligent conduct by ComCap Unternehmensberatungs GmbH or one of its legal representatives or vicarious agents;
(b) which is due to wilful or negligent breach of duty or is otherwise due to wilful or grossly negligent conduct by the provider or one of its legal representatives or vicarious agents;
The liability of SaySay.Love shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by SaySay.Love or one of its legal representatives or vicarious agents. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.
The above provisions shall apply accordingly to the liability of SaySay.Love in respect of reimbursing futile costs.
Liability under the Product Liability Act shall remain unaffected.
Unless expressly agreed otherwise, statutory warranty rights shall apply.
The statutory warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to statutory warranty obligations shall be corrected free of charge.
If you as orderer are a company according to Section 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.
12. NO GRANTING OF RIGHTS
By buying an artwork or print, you are only acquiring material ownership of the artwork or print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print.
13. COLLECTING, PROCESSING AND USING PERSONAL DATA
All provisions regarding the protection of your data can be found in our Privacy Statement.
14. APPLICABLE LAW
German law shall apply to the exclusion of the UN Sales Convention.
Contractual language is English.
Last update: 14.02.2018