General Terms and Conditions
1 Scope
For business to a customer are exclusively in the following terms and conditions at the
time the order is placed. Different conditions of the purchaser are not accepted by us,
unless there is an express written consent.
2 Delivery, shipping, transfer of risk
Delivery will be made to the relevant shipping charges listed in the offer. All risks and
dangers of delivery are transferred to the customer when the goods have been delivered by
us to the contracted logistics partners and the customer is an entrepreneur.
3 Retention of Title
The delivered goods until payment of the full purchase price of the property of the artist.
4 Warranty
For supplied goods we provide a legal guarantee of 24 months if they are new goods, is about 12 months for
used items according to item description.
The customer has the goods immediately upon receipt of the check received all or any defects and report
any discrepancies or damage in transit within two weeks from delivery to us. If not, the message in time,
the goods shall be deemed approved.
In the case of a defect, you have your choice of the legal claims for subsequent performance
(repair or replacement) and if the legal requirements any further claims for reduction, cancellation
or damages or reimbursement of expenses. The remedy may be denied if it is only possible with
disproportionate costs. The cancellation is excluded if the defect is minor and insignificant.
5 Liability
The artist is not liable in cases of positive cases and on contract execution, delay, frustration,
tort and other legal grounds, only for gross negligence. In the case of culpable breach of major
contractual obligations or for fraudulent misrepresentation and in the case of the compensation
claim under § 437, No. 2 Civil Code, liability exists in the extent of the law. In a breach of primary
obligations, the liability for employees of the company typically limited to predictable damage.
Indirect damages are excluded. These liability restrictions do not apply to liability under the
Product Liability Act for personal injury in an agreed quality of goods or for fraudulent
concealment of defects.
6 Copyright
Each use of the work, the name of the artist (originator / author) is to be mentioned.
The use and exploitation of the work is only allowed with the written consent of the artist and is
valid only for the agreed period and agreed purpose.
With the possession of the work or the transfer of ownership - unless otherwise agreed - not
recovery or usage rights connected to copyright law, in particular for public display.
For any use or exploitation of the work the artist has the right to equitable remuneration.
Notwithstanding the right of exhibition is expressly acknowledged the right of the current
coverage of the work is also accepted, as is the right to represent the work on poster,
invitation, on the Internet and in the catalog in connection with an exhibition.
To use work documents handed over (photos, slides, texts, etc.) may be published only with
the consent of the artist referred to the documents and making note of his name.
The resale right (§ 26 UrhG) and the right of access (§ 25 UrhG) are accepted. Moreover,
there is an obligation on the artist's work temporarily leave to use (eg for exhibitions),
as far as is reasonable.
7 Consumer information for distance selling contracts for the purchase of goods
Specific codes of conduct and not mentioned above, we are not subject. Prices shown are
final prices without taxes plus shipping costs (if specified) within the Federal Republic of Germany.
The main characteristics of the goods offered by the artist and the period of limited
offers can be found in the individual product in our web site.
The contract is exclusively for the German language available.
8 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons. The time limit
begins after receipt of this notification in writing, but not before receiving the goods to the consignee.
To use the right of withdrawal you have to send us:
Elena Drobychevskaja at Schroecke
Brunnenstrasse 1
82288 Kottgeisering
elena (at) drobychevskaja.de
an explicit message (e.g. a written letter or an e-mail) to tell us you decision to cancel the contract.
You can use the example form (see to the end of the german page), but it is not mandatory. To keep the right
of withdrawal it is enough that you gave us the message, that you want to cancel the contract before the time limit is over.
9 Revocation consequences
If you have cancelled this contract, we will pay back all payments, which we received from you including shipping
fee (except additional costs, if you have chosen another kind of delivery than we have offered). We will do the pay back
within fourteen days, starting from the day on which we have received your cancelation of the contract. We will use the same
pay method for pay back as you have chosen for payment before, except there is explicitly another way agreed before. There
will be no additional fee for this paying back action. We could refuse the pay back if we did not got back the delivered
goods or we got no receipt from you, that you sent back the goods. You have to send back the goods immediately to us (Elena
Drobychevskaja, Brunnenstrasse 1, 82288 Kottgeisering ) after you have cancelled the contact. The time limit is valid, if you
send back the goods before the period of fourteen days ends. You must take over the costs for shipping back the goods. The consumer
shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the
nature and functioning of the goods.
End of the cancellation
10 Regulation Package
Regard to participation in the liberation system of land Bell Ltd.
"With regard to us for the first time filled with goods and private final consumers sales packaging,
our company has to ensure compliance with our legal obligations under § 6 of the Ordinance to the
nation-wide take-back system of land Bell AG, Mainz, (Customer ID . 4119792) connected more
information, see www.landbell.de "
11 Miscellaneous
Deviating agreements require written form. This also applies for the waiver of the requirement of form.
The contractual relationship between us and the customer and to the respective terms and conditions shall
be the law of the Federal Republic of Germany. The application of the CISG is excluded.
The exclusive place of jurisdiction is the local court of our office is the customer is a merchant
according to the Commercial Code or a corporation of public law. We have the right to sue at the customer location.
12 Retention of title
The delivered goods until payment of the full purchase price of the property of the artist.
13 Severability
If all or part of any provision of this Agreement be or lose their legal effect later, the validity of the
remaining provisions shall not be affected. undertake in this case, the parties instead of the invalid
provision by a valid agree on the objectives of the scheme with the ineffective economic purpose with
regard to the statutory requirements most closely. The same applies if the contract has a not of the
parties provided gap.
Version: 04.08.2018