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General Terms and Conditions

Art. 1 Applicability

(1) The present General Terms and Conditions shall apply to all business relations between Véronique Fabri and her customers, as defined at the time of conclusion of the contract and as far as these refer to business transactions carried out by electronic means.

(2) These General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by Véronique Fabri in writing in individual cases.

Art. 2 Formation of Contract

(1) The paintings, that are available via the Internet, are depicted to inform the customers. A contract between Véronique Fabri and a customer regarding a specified painting will only be entered, when the purchase and shipping details have been approved and agreed on by both Veronique Fabri and the customer and the customer is confirming the purchase and shipping details after agreeing to these terms and conditions. An offer by Veronique Fabri concerning Purchase and shipping details will be made, after the customer asks her to do this via the website or in another way. If Véronique Fabri chooses not to make an offer to a client, she is not compelled to send an E-Mail, but shall do so voluntarily.

Art. 3 Right of Withdrawal

(1) The customer shall be entitled to withdraw from the contract by sending a written message in English to Véronique Fabri at veroniquefabri@yahoo.com stating the will to withdraw from the contract. The message has to be received at the afore mentioned address within two weeks from the date at which the E-Mail confirming the contract has been received (or after which the painting has been received). The withdrawal only takes affect, after the painting has returned to Véronique Fabri or if it is still with her.

(2) The charges for the return of the goods shall be the responsibility of the customer.

(3) In the case of withdrawal, Véronique Fabri shall refund the purchase price, if already paid, to the customer. All Charges, fees and other necessary expenses will be deducted from the purchase price.

(4) In the case of a considerable deterioration in the quality of the painting or in the case of loss, the customer shall make good the corresponding reduction in value or loss to Véronique Fabri if he withdraws his order. If the customer has already paid the purchase price, Véronique Fabri shall be entitled to deduct the reduction in value from the amount repayable.

(5) The right of withdrawal shall be barred, if the painting was specifically painted according to customer’s wishes.

Art. 4 Delivery of Paintings

(1) Véronique Fabri shall deliver the painting to the address indicated by the customer in the order as soon as possible. If more than one painting is ordered, Véronique Fabri is free to make a single delivery or send them together.

(2) The costs for the individual deliveries shall be charged to the customer by Véronique Fabri. All risks of delivery shall pass to the customer upon delivery of the goods from Véronique Fabri to the commissioned distributor.

(3) Information on terms of delivery shall not be binding, unless Véronique Fabri has given an undertaking in writing to the customer in individual cases.

(4) The delivery will only be due after the purchase price, including all costs, fees and charges, has been paid in the form that has been laid down in Art. 6 of these terms.

Art. 5 Reservation of Ownership

Until complete settlement of all claims against the customer the delivered goods shall remain the property of Véronique Fabri.

Art. 6 Maturity and Payment of Purchase Price

(1) The purchase price shall be due upon conclusion of the contract.

(2) Payment shall be made by direct debiting via Paypal. The customer will receive a payment request by E-mail. The chosen mode of payment can only be changed with acceptance of Véronique Fabri.

(3) If the customer did not pay the purchase price within two weeks after conclusion of the contract, Véronique Fabri shall be entitled to charge default interest at a rate of 10% per year.

Art. 7 Warranty of Quality

(1) Véronique Fabri is liable for any defects existing upon delivery of the goods from Véronique Fabri to the commissioned distributor.

(2) Véronique Fabri is not liable for any defects arising upon transport or delivery, whether caused by the commissioned distributor or arising from natural causes or caused by third parties or in any other way. She will help the customer to make claims against the commissioned distributor, any third party or any other person causing a defect, by transferring her existing claims for damages against the commissioned distributor, any third party or any other person causing a defect to the customer. Véronique Fabri may at her own will compensate the customer in any other way, she finds suitable, for example by paying the customer insurance money, she has received regarding the defect.

(3) The customer binds himself to control the goods immediately upon delivery and to sign for it, if no defects exist upon delivery. If the customer signs for the goods after controlling them or without controlling them, Véronique Fabri will not be liable after Art. 7 (1) and she won’t be bound to help the customer with claims against the commissioned distributor, any third party or any other person causing a defect after Art. 7 (2).

(2) The customer binds himself to inform Véronique Fabri about any defects arising in writing in English immediately. In the event of a liability following Art. 7 (1), not overridden by Art. 7 (3), Véronique Fabri shall, at her own discretion, either repair the defective painting or withdraw from the contract. In this case the costs of delivery to and from the customer will be paid by Véronique Fabri.

Art. 8 Privacy

All personal information of customers will be treated confidentially. These information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations, such as the Federal Data Protection Act or the Information and Communication Service Act. The transfer of such information to third parties who are neither involved in the performance of the contract nor affiliates of Véronique Fabri, shall be excluded. Véronique Fabri shall be entitled to transfer personal information of the customers to affiliates of Véronique Fabri for the purpose of credit checking and credit control as part of a data exchange.

Art. 9 Final Provisions

(1) For matters of disputes arising from a contract only English law will be decisive. This also includes these General Terms and Conditions. The CISG (United Nations Convention on Contracts for the International Sale of Goods) and other international agreements concerning the international sale are excluded.

(2) Lawsuits concerning a contract under these General Terms and Conditions can only be conducted at the court in England, responsible for contracts at the residence of Véronique Fabri.

(3) The nullity of any of the provisions herein shall affect neither the validity of the Agreement as such nor the validity of these General Terms and Conditions.