TERMS AND CONDITIONS
mokiartgallery.de provides its services to you subject to the terms, and conditions set forth in this agreement, so that when you use any service mokiartgallery.de (e.g., Customer Reviews), you will be subject to the rules, terms and conditions applicable to such service, and they are incorporated into this Agreement by this reference.
mokiartgallery.de reserves the right to change this Site and these terms and conditions at any time.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
1.1 These general terms and conditions (hereinafter “GTC”) of Moki Art Gallery (hereinafter “service provider”) apply to all contracts that are concluded by a customer (hereinafter “client”) with the service provider.
The client in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
The term “contracted work” in these terms and conditions means commissioned work of art.
1.2 These terms and conditions apply exclusively. The service provider does not recognize any conflicting or deviating terms and conditions of the client unless the service provider has individually agreed this with him and confirmed this in writing.
The offers of the Moki Art Gallery are non-binding and subject to change. The declaration of acceptance and all orders require our written confirmation to be legally valid.
3.1 Unless otherwise stated, Moki Art Gallery is bound to the prices contained in its offers for 30 days from the date of the offer.
3.2 The prices given are total prices that include shipping costs within Germany. Should additional delivery and shipping costs arise, these will be stated separately in the Moki Art Gallery offer.
3.3 Typographical error are reserved and are not price-binding.
3.4 In principle, the following payment methods are available to you on our website:
Credit card When you submit your order, you also provide us with your credit card details. After your legitimation as the legal cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
PayPal In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
In order to be able to pay the invoice amount via Klarna, you must have an online banking account with PIN / TAN that has been activated for participation in Klarna, identify yourself accordingly and confirm the payment order to us. You’ll get more information during the ordering process. The payment transaction will be carried out by Klarna immediately afterwards and your account will be debited.
3.5 The invoices are in advance, unless otherwise agreed.
4.1 The dates and deadlines specified by us are non-binding, unless otherwise expressly agreed in writing.
4.2 All delivery commitments and dates are subject to correct and timely delivery to us.
4.3 Delivery and service delays due to force majeure and / or due to events that significantly affect our performance make it difficult or impossible (e.g. Illness) entitles us to postpone delivery for the duration of the handicap plus a reasonable start-up time.
4.4 In addition, we are only in default if the delivery exceeds the 30-day period, then the customer is entitled to compensation for default in the amount of 1% for each full week of default, but up to a total of 5% of the invoice value for the Deliveries and services affected by the standard. In addition, claims are excluded, in particular claims for damages of any kind.
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport.
If the dispatch is delayed or becomes impossible through no fault of ours, the risk passes to the buyer upon notification of readiness for dispatch. The assumption of the transport costs by Moki Art Gallery has no influence on the transfer of risk.
6.1 Deviations in color, dimensions and / or other quality and performance features of the commissioned work / works of art do not trigger any warranty rights.
6.2 The client / customer must inform us in writing of the defects immediately, at the latest within one week after receipt of the delivery item. Defects that cannot be discovered within this period, even with careful inspection, must be reported to us in writing immediately upon discovery.
Claims for damages from impossibility of performance, from positive breach of contract, from negligence when concluding the contract and from tort are excluded both against us and against our vicarious agents, unless there is intentional or grossly negligent action.
Moki Art Gallery retains ownership of the goods / commissioned work until the purchase price has been paid in full.
The content and works on the pages of this website created by Moki Art Gallery are subject to German copyright law.
The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator.
All works of art are left to the customer / client for private use or solely for one-time resale, he is not allowed to copy these or to allow others to use them. A multiple right of use requires a special written agreement.
The law of the Federal Republic of Germany applies to all legal relationships between Moki Art Gallery and the customer / client.