Conditions

General Terms and Conditions - Atelier Ines Ramm (as of October 20, 2017)

The following general terms and conditions apply to all contracts, deliveries and other services. Differing rules of the contractor, we hereby expressly oppose. All subsidiary agreements require our written confirmation.

Ines Ramm (née Hansen), hereinafter referred to as “the artist”, is entitled at any time to change or add to these general terms and conditions, including any annexes. Orders received before will be processed according to the old general terms and conditions that are still valid.

1.1 Each time the works are used, the name of the artist (author) must be mentioned.

1.2 Any use and exploitation of the work is only permitted after notification and with the written consent of the artist and is only valid for the agreed duration and purpose.

1.3 Unless otherwise agreed, possession of the work does not include any exploitation or usage rights under the Copyright Act; this applies in particular to public exhibiting. Even after the original has been submitted, the artist retains all rights relating to the reproduction of the work.

1.4 Without the artist's consent, her works, including the author's name, may not be changed either in the original or in a reproduction. Any imitation, even of parts of the artwork, is prohibited.

1.5 The artist is entitled to appropriate remuneration for every use or exploitation of the works (Section 32 UrhG).

1.6 In connection with an exhibition, the right to current reporting on the work is granted, as is the right to display the work on posters, invitations, on the Internet and in the catalog.

1.7 Documents provided for the use of the work (images, texts, etc.) may only be published with the artist's consent and by naming her name.

1.8 The resale right (Section 26 UrhG) and the right of access (Section 25 UrhG) are recognized. In addition, there is an obligation to temporarily let the artist use the work (e.g. for exhibitions), provided that it is reasonable.

1.9 Any reproduction of the files and texts shown on these pages on any medium requires the written approval of the artist.

2.1 The artist is obliged to hand over the work to the user in perfect condition and clearly identified on the agreed date.

2.2 The artist assures that the work is in her sole property and free of third party rights. She also assures that the work is an independent work of hers.

3.1 Insurance

The insurance value corresponds to the sales value and is to be determined by mutual agreement between the artist and the user. The user bears the full cost of the insurance. The insurance must be proven.

3.2 Destruction / destruction / theft / damage / weather-related damage to the work

The user takes all necessary, technically possible and reasonable precautions to prevent damage, theft, etc. at the plant. If the work is destroyed or destroyed, the user is obliged to inform the artist immediately; this does not affect the artist's right to claim damages.

3.3 Presentation / technical requirements

The artist and user decide on the type and scope of the presentation by mutual agreement.

3.4 Right of access

The artist has free access to the works during normal opening hours and by appointment.

3.5 Return

If the work is only temporarily given to the user, he / she is obliged to return it in perfect condition immediately after the end of the contract. An extension of the release period requires the artist's consent. In this case, a fee agreed for the transfer increases pro rata temporis; the amount of the increase is due when the extension begins.

4.1 The works shown on the Internet are a small selection from the spectrum of the artist. Works that are still in the studio and those that have already been delivered are shown.

4.2 We endeavor to display the images in their correct color and quality using a digital camera. The colors of the original works cannot be reproduced 100% in terms of intensity and effect. Slight deviations are possible.

4.3 Prices for originals are given on request.

5.1 All claims of the artist for payment are due without deduction on delivery.

5.2 The artwork remains the property of the artist until full payment of the total price.

5.3 In the event that the commissioned work is not satisfied, the client is not obliged to accept the work of art, but must bear the material costs incurred.

5.4 The stated remuneration and prices for originals include the currently applicable VAT. VAT is shown on invoices.

6.1 Unless otherwise agreed, delivery will only be made in advance. We ask for your understanding.

6.2 The goods remain the property of the artist until the total price has been paid.

6.3 There is no minimum order quantity.

6.4 We reserve the right to make a partial delivery if this appears to be advantageous for swift processing. Special delivery forms requested by customers are charged with a local surcharge. (If anything is unclear, the artist submits the current shipping costs depending on the shipping company, the current tariffs and the shipping location)

6.5 Unless otherwise stated, services and prices for prints are gross prices including the applicable statutory value added tax. VAT is shown on invoices.

7.1 If it is an oil painting according to the order, the painting will usually be finished in about 6 weeks (or earlier with acrylic), since the paintings have to dry sufficiently and at least a temporary protective varnish has to be applied.

7.2 If the pictures or prints are available, delivery will generally be made within 2 weeks, provided that the terms of payment have been met and the print is available in sufficient number. If the non-compliance with a delivery or service deadline is due to force majeure, strikes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended accordingly. Claims for damages due to delay or impossibility or non-fulfillment, including those that arose before the contract was canceled, are excluded.

The risk is transferred to the buyer when the goods are dispatched.

9.1 The artist guarantees that the works of art sold are free of material defects and damage at the time of transfer of risk.

9.2 Upon arrival, the customer must immediately inspect the goods for defects and condition. In the case of open defects, these must be reported to us in writing within 10 days of discovery, as well as hidden defects. Otherwise, the warranty for these defects is void. The warranty period is 6 months from delivery. In the event of complaints, the purchase date must be proven with an invoice. The claimed item must be sent in with sufficient postage along with a copy of the invoice.

9.3 The guarantee does not extend to normal wear and tear. The guarantee expires if the customer changes the delivered goods.

9.4 The artist has the right to free rectification during the warranty period.

9.5 If defects are not remedied within a reasonable period, the buyer is entitled to change or a reduction. Section 476a of the German Civil Code applies.

The artist reserves the right to undertake any necessary restoration or repairs to works of art made by her for a reasonable fee. If the artist does not undertake the restoration or repairs herself, she provides binding information about her type and execution.

In accordance with Section 28 of the Federal Data Protection Act (BDSG), the artist draws attention to the fact that the data required in the course of business is processed and stored using an EDP system in accordance with Section 33 (BDSG). Personal data will be treated confidentially.

Place of performance and jurisdiction for both parts is the seat of the artist. It is only the law of the Federal Republic of Germany.