Terms and Conditions
Terms and Conditions / Right of Withdrawal
General Terms and Conditions
§ 1 Scope of Application for Consumers and Definitions
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The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time the order is placed.
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For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
§ 2 Formation of the Contract and Storage of the Contract Text
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The following provisions governing the conclusion of contracts apply to orders placed via www.lynnmuellerart.com and by email to contact@lynnmuellerart.com.
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In the event that a contract is concluded, the contract is entered into with: Lynn Müller – Artist – An der Obermühle 69 – 41516 Grevenbroich – Germany, Local Court of Grevenbroich.
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The presentation of goods on our website does not constitute a legally binding offer on our part. It is merely a non-binding invitation to consumers to place an order. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
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Acceptance of the offer takes place in writing, in text form, or through dispatch of the ordered goods.
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For orders submitted via our contact form or by email to contact@lynnmuellerart.com, the following provisions apply: The consumer submits a binding contractual offer by successfully completing the following ordering procedure.
The order is placed in the following steps:
a) Selection of the desired goods.
b) Submission of an enquiry by completing the contact form or sending an email to contact@lynnmuellerart.com.
c) Reviewing and, where necessary, correcting the information entered.
d) Binding submission of the order by clicking the “Send” button in the contact form or by sending the email.
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Before submitting the order in a binding manner, the consumer may cancel the ordering process by closing the internet browser. Upon receipt of the order, we will confirm it by means of a manually prepared email (“Order Confirmation”). This confirmation constitutes acceptance of the offer. Acceptance therefore takes place in writing, in text form, or through dispatch of the ordered goods within the stated delivery period.
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These Terms and Conditions can be viewed at any time at www.lynnmuellerart.com. For security reasons, your order data cannot be accessed via the internet.
§ 3 Conclusion of the Contract and Reservation Regarding Supplier Deliveries
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Our offers are non-binding. Technical modifications and changes to the form, colour, price and/or weight remain reserved, provided they are reasonable.
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By placing an order for goods, the consumer declares their binding intention to purchase the ordered goods.
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If the consumer orders goods electronically, we will promptly confirm receipt of the order. A mere acknowledgement of receipt does not constitute binding acceptance of the order on our part. However, the acknowledgement of receipt may be combined with a declaration of acceptance. Acceptance takes place in writing or through delivery of the goods to the consumer. Until we have bindingly accepted the order, the consumer has no legal entitlement to delivery. We are entitled to reject an order, for example, following a creditworthiness assessment of the consumer. We are also entitled to limit orders to quantities customary for household use. If an edition is sold out, we may offer non-binding placement on a waiting list. Requests on this list may be considered if goods become available again, for example, due to cancellations.
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We also reserve the right to cancel or withdraw from a purchase contract if:
a) Technical, system-related or programming errors occur.
b) The goods cannot be supplied by the manufacturer.
c) Pricing errors occur.
In these cases, we accept no liability. If the consumer has already paid the amount due, the money will be refunded promptly.
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If the ordered goods are unavailable because our suppliers fail to deliver them through no fault of our own, we may withdraw from the contract. In this case, we will inform you without undue delay and, where applicable, offer delivery of comparable goods. If no comparable goods are available or you do not wish to receive comparable goods, we will promptly refund any payments already made, where applicable.
§ 4 Prices, Shipping Costs, Payment and Due Dates
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The stated prices do not include statutory value-added tax (VAT) or other price components, nor insured shipping costs.
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Consumers may pay by bank transfer. The ordered goods will only be dispatched once the full amount has been received.
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If the consumer chooses to pay by bank transfer, they undertake to pay the purchase price promptly after conclusion of the contract and receipt of the invoice.
§ 5 Delivery
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Unless expressly stated otherwise in the product description, all items offered by us are ready for dispatch immediately. The stated shipping prices include insurance for goods with a value of up to EUR 1,000.
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As payment in advance is the only available payment method, we do not dispatch goods before payment has been received. Upon request, we will confirm receipt of payment in writing. Once payment has been received, you will be notified and provided with all information regarding delivery of the goods. This notification also confirms the purchase contract on our part.
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Unless otherwise stated, the delivery period is a maximum of 21 working days. In the case of payment by bank transfer, the delivery period begins on the day following the date on which the transfer order is submitted to the bank responsible for processing the transfer. For all other payment methods, the period begins on the day following conclusion of the contract. If the final day of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
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Any manufacturer-related delays will be communicated to the consumer immediately. In the event of a strike, we will seek alternative providers. However, we expressly point out that this may also result in unforeseen delays.
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Unless otherwise stated, delivery is made from door to door.
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For deliveries abroad, please contact us. By separate arrangement, we can also arrange transport beyond Germany. Additional charges will apply to cover customs duties and additional transport and packaging costs. Please refer to our shipping costs information.
§ 6 Retention of Title
We retain ownership of the goods until the purchase price has been paid in full. Before ownership has transferred to the consumer, pledging, transfer by way of security, processing or alteration of the goods is not permitted without our consent.
§ 7 Right of Withdrawal, Instructions on Withdrawal and Withdrawal Form
Right of Withdrawal
You have the right to withdraw from this contract within 3 days without giving any reason. The withdrawal period is 3 days from the day on which you, or a third party designated by you who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us, Lynn Müller – email: contact@lynnmuellerart.com, of your decision to withdraw from this contract by means of an unequivocal declaration sent by email. You may use the model withdrawal form provided below, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
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If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than 5 days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees as a result of the reimbursement.
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We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
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You must return or hand over the goods to us promptly and, in any event, within 5 days from the day on which you notify us of your withdrawal from this contract. The goods must be properly and securely packaged. The deadline is met if you dispatch the goods before the 5-day period expires.
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You shall bear the direct costs of returning the goods. These costs are estimated to be no more than approximately EUR 150.
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You are only liable for any diminished value of the goods if that loss in value results from handling the goods in a manner that was not necessary to examine their nature, characteristics and functioning.
Note
You are welcome to contact us regarding the return of goods.
Model Withdrawal Form
(If you wish to withdraw from the contract, you may use the following template as a model withdrawal form and return it to us with your details completed.)
Lynn Müller – An der Obermühle 69 – 41516 Grevenbroich – Germany
Email: contact@lynnmuellerart.com
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ().
Ordered on () / received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
Date: _______________
(*) Delete as appropriate.
§ 8 Complaints Regarding Damage
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All goods are inspected by the manufacturer (artist) and are only approved for dispatch if, in the manufacturer's opinion, they are in perfect condition.
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Naturally occurring characteristics, such as:
a) Slight waviness in the paper (Hahnemühle paper).
b) Individual colour variations between the photograph and the original artwork.
c) Material-related irregularities in the patina, signature and/or reference number.
d) Individual variations in the mounts (format and coloured edges).
e) Tiny paint splashes on the paper.
are normal and therefore do not constitute grounds for a complaint.
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However, if the goods are damaged upon receipt, please report the damage to the delivery company immediately and contact us without delay, providing photographs of the damage.
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Failure to submit a complaint or contact us does not affect your statutory warranty rights. However, doing so helps us assert our own claims against the carrier or transport insurer and resolve justified complaints in your favour as quickly as possible.
§ 9 Warranty
The statutory warranty rights apply to the items offered in our shop.
§ 10 Contract Language
The sole language available for concluding the contract is German.
Version: June 2023.
