General Terms & Conditions


Preamble


So-called "small print" can unfortunately not be avoided, hence I would like to point out the following in advance:

Oil paintings can always be affected by environmental influences; their appearance and colour can change and fade. So that you can keep enjoying my works of art on the long term, you should not expose them to direct sunlight, either in whole or in part, not hang them directly above heaters and not expose them to humidity levels that exceed the level of normal living spaces. Oil paintings are therefore not suitable for outdoor use, basement rooms, bathrooms and kitchens.

The contractual partner and user of these general terms & conditions is

Filiberto Montesinos Castañón,
Richterstraße 14,
70567 Stuttgart, Germany
Tel: +49 711 315 34 82
E-mail: filiberto@filiberto.info

The aim of these terms and conditions is to regulate the business relationship between you and me in a binding and fair manner. The basis of an order and a contract are therefore always the following general terms and conditions, whose knowledge and inclusion you acknowledge and confirm with an order from me. You can view the terms and conditions here.


1. Scope


The following general terms and conditions apply exclusively to the business relationship between Filiberto Montesinos Castañón (hereinafter referred to as “Filiberto” or “I”) and the customer in the version valid at the time of the order.Filiberto does not recognize any deviating terms and conditions of the customer unless he expressly agreed to their validity in writing.


2. Conclusion of the purchasing contract


The presentation of the products in this online shop does not represent a legally binding offer, but a non-binding online catalogue. The paintings you have selected using the "Add to shopping cart" button are summarized again in an order overview at the end of the ordering process. Here you can check the information provided during the ordering process and remove the painting from the shopping cart using the "X" button on the left side of the painting's title. By clicking the "Place Order" button, you send your order data and make a binding declaration to Filiberto that you want to purchase the painting(s) listed in the shopping cart (offer). I automatically accept your offer when I receive your order.

After sending the order, you will receive an order and contract confirmation by e-mail.
For your own security, Filiberto recommends that you print out the order data and the general terms and conditions applicable at the time of the order. English is available to you as the contract language.

Please note that all paintings are unique pieces of art, hence only one of each is available for sale.


3. Revocation


You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is;


  • 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the painting(s), if you ordered one or more paintings as part of a single order and all the paintings are delivered in a single delivery

OR

  • 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last painting, if you ordered several paintings as part of a single order and the paintings are delivered separately.


In order to exercise your right of withdrawal, you should notify me by means of a clear written statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract sent to the following address;


Filiberto Montesinos Castañón
Richterstraße 14,
70567 Stuttgart - Germany
E-mail: filiberto@filiberto.info

To meet the cancellation deadline, it is enough for you to send the communication concerning your decision to exercise the right of cancellation before the cancellation period has expired.


Consequences of the revocation:


If you revoke the purchasing contract, I will reimburse you all payments that I have received from you, including delivery costs, at the latest within 14 days from the day on which I received the notification of your cancellation of this contract.
Unless something else was expressly agreed with you, I will reimburse you through the same mean of payment than the one you used for the original transaction. No fees will be charged to you for this reimbursement.
I am entitled to refuse the reimbursement until I have received the painting(s) back.
You must return the paintings in the original packaging immediately and in any case, no later than 14 days from the day on which you inform me of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the paintings.As a rule, the paintings cannot be returned by normal mail.
You are liable for any lost or reduced value of the painting(s) due to damages resulting from inappropriate handling. WEBSHOP-LINE-BREAK-TEXT


4. Prices & shipping costs


The prices given in the online shop are final prices including applicable German sales taxes (VAT).
Shipping costs are not included in the price of the painting(s) but will be specified separately in the offer and presented separately before the order is placed.
I deliver worldwide by DHL Express from Stuttgart, Germany, to the delivery address you have specified.
When ordering, please select the desired country of destination, the shipping costs will be displayed accordingly.

Each parcel in a shipment is billed by dimensional weight once the dimensional weight exceeds the actual weight, which is almost always the case for paintings. DHL calculate the volumetric weight based on 200 kg/m3.

My paintings are shipped in an appropriate insured art packaging.
The average delivery time is approximately 10 working days, but can potentially be longer depending on the country the paintings should be shipped to.
You can alternatively choose to pick up your order at Filiberto's store.
Filiberto declines any responsibility for the costs and damages potentially occurring during transportation by a company mandated by yourself.

Any import duties, taxes and charges that may apply in the destination country are not included in the item price or shipping charges. You, the buyer, are responsible for these charges. Please check with your local customs office to determine what these additional costs will be. These charges are normally collected by the delivering freight company or when you collect the item at customs.


5. Payment


If you select PayPal as the payment method, your payment will be processed throughPayPal Europe S.à r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, that can be viewed at PayPal User Agreement | PayPal DE ; OR, if you do not not have a PayPal account, subject to the conditions for payments without a PayPal account, which can be viewed at PayPal

If you, as the customer, pay using a payment method offered by PayPal that can be selected in the online ordering process, Filiberto already declares acceptance of your offer at the point at which you click on the "Place Order" button, which completes the ordering process.

All other supported payment methods are processed through the payment gateway STRIPE, and subject to the own privacy policy of this third-party provider, which can be viewed following this link Privacy Policy (stripe.com)


6. Reservation of proprietary rights


The delivered painting(s) remain(s) the property of Filiberto until full and final payment has been made.


7. Warranty


The statutory warranty rights apply unless otherwise expressly agreed.
As a customer you are an entrepreneur within the meaning of § 14 BGB, your claims for defects assume that you have complied with your legal inspection and notification obligations (§§ 377, 381 HGB). If a defect is found during the inspection or later, I must be notified immediately in writing. The notification is deemed to be immediate if it is made within two weeks, whereby the timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to examine and give notice of defects, you must report obvious defects (including incorrect and short deliveries) in writing within two weeks of delivery, whereby timely dispatch of the notification is sufficient to meet the deadline. If you fail to carry out the proper examination and/or notification of defects.


8. Copyrights


With the purchase of a painting, you only acquire the physical ownership of that painting.
No other rights of use are granted. Any reproduction (duplication), distribution, rental, public access or other analogue or digital exploitation is not permitted unless permitted by law. However, you can resell the painting.


9. Collection, processing and use of personal data


All details concerning the protection of your data can be found under Privacy Policy


10. Changes to these Terms


I reserve the right to modify my terms and conditions at any time, so please review it frequently.

Changes and clarifications will take effect immediately upon their posting on the website.


Information about online dispute resolution in accordance with Art. 14 Para. 1 ODR regulation and §§ 36 f. VSBG:


The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ .

I am neither obliged nor willing to participate in a dispute settlement procedure in front of a consumer arbitration board.