The Terms

This website Gallery 23 (the "Site") and/or the services, including any associated mobile applications (together, the "Services") and any offers and sales of products ("Products") through the Site, is owned and operated by Roos Mehrtens Einzelunternehmen (hereinafter referred to as "we," "us," and "our"). These terms and conditions ("Terms") govern your access to and use of the Site and/or Services, and your purchase of Products.

By accessing and/or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Site and/or use the Services. Please read these Terms carefully before accessing our Site and/or using the Services or purchasing Products. These Terms will tell you who we are, how we sell Products to you, how you can cancel the purchase contract, and what you can do if there is a problem.

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You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you will need the consent of your parents or legal guardian to use the Services or purchase Products.

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Purchase of Products

The purchase of Products is subject to the terms in effect at the time of purchase. When you purchase a Product: (i) you are responsible for reviewing the item description in its entirety before making a binding purchase, and (ii) placing an order on the Site (by completing a payment process through the "Pay Now" button or a similar button) may constitute a legally binding contract to purchase the corresponding Product unless these Terms provide otherwise.

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You can select Products from our selection and add them to your cart with a click on the corresponding button. Our prices are listed on the Site. We reserve the right to change our prices at any time and correct unintentional price errors. These changes do not affect the price for Products you have already purchased. When you pay, you will see an overview of all Products you have added to your cart. The overview includes the essential characteristics of each Product, as well as the total price for all Products, applicable value-added tax (VAT), and, if applicable, shipping costs. On the payment page, you also have the option to review and, if necessary, modify, remove, or correct the Products and quantities. You can also use the editing function to detect and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. By clicking on the "Pay Now" button, you give a binding order to purchase the listed Products at the stated price and shipping costs. To complete the ordering process through the "Pay Now" button, you must first acknowledge these Terms as legally binding for your order by clicking the appropriate box.

 

We will then send you a receipt for your order by email, listing your order again, which you can print or save through the appropriate function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

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The legally binding agreement for the purchase of the Products is only concluded when we send you an acceptance declaration by email or ship the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - which requires immediate payment submission with the order (e.g., credit card payment).

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Right of Withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason.

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The withdrawal period will expire after 30 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.

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To exercise the right of withdrawal, you must inform us at:

Gallery 23

On behalf of Roos Mehrtens

Email address: info@gallery23.co

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of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website [insert website address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

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

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Please note that the German right of withdrawal does not apply to customers from the USA and Canada. For these customers, the legal provisions of their country of residence apply.

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Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

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You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 30 days has expired.

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You will have to bear the direct cost of returning the goods.

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You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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Product warranty

We are liable according to the statutory warranty provisions for quality defects and/or legal defects of the products you buy from us.

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Storage of online payment information

You can save a preferred payment method for the future. In this case, we store this payment information in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

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Coupons, gift cards, and other offers

From time to time, coupons, gift cards, or discounts and other offers ("offers") are available for our products. Such offers are only valid for the period specified in this offer. Offers may not be transferred, modified, sold, exchanged, reproduced, or distributed without our express written permission.

 

Permissible use

Our services are provided to you for informational purposes and for private, non-commercial use only. When using our services, you must comply with these terms and all applicable laws.

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Unless expressly permitted by these terms, you are not permitted to: (I) use our services in an unlawful or fraudulent manner (including infringing third-party rights) or for the purpose of collecting personal data or impersonating other users; (II) modify or use our notices regarding copyright, trademark, or other proprietary rights or interfere with the security-related features of our services; (III) use our services in any way to manipulate or falsify content or to undermine the integrity and accuracy of content, or take action to disrupt, damage or interfere with parts of our services; (IV) use our services to send, receive, upload/post, download, material that does not comply with our content standards; (V) use our services to transmit or enable the transmission of unwanted or unauthorized advertising or promotional material; (VI) use our services to transfer data or upload data into our services that contain viruses, trojans, worms, time bombs, keylogging, spyware, adware or other harmful programs or similar computer code designed to interfere with the operation of computer software or hardware; (VII) use robots, spiders, other automatic devices, or manual processes to monitor/copy our or other sites or content contained in our services, or use network monitoring software to determine the architecture of our services or extract usage data from our services; (VIII) engage in behavior that restricts or prevents other users from using our services, or (IX) use our services for commercial purposes or in connection with any commercial activity conducted without our prior written consent. You agree to fully cooperate with us in investigating any activity that is suspected or confirmed to violate these terms.

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Intellectual Property Rights

Our services and related content (and all derivative works or improvements thereof), particularly regarding all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (together, "our intellectual property rights"), and none of the provisions in these terms grant you any rights in connection with our intellectual property rights. Unless expressly stated herein or required by mandatory law for the use of the services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these terms are expressly reserved.

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If the products include digital content, such as music or videos, you will be granted the rights as set forth with respect to such content on the site.

 

Disclaimer of Warranties for the Use of the Site and the Services

The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, and performance of our services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted and error-free or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates. The warranty for products that you purchase from us as set forth in the "Warranty for Products" section above is unaffected.

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Release

You agree to indemnify and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Website and the Services in violation of these Terms, including any use that violates the restrictions and requirements set forth in the "Permissible Use" section, unless such circumstances are not attributable to your fault.

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Limitation of Liability

We shall only be liable for intent, gross negligence, negligent injury to life, body, health, or negligent breach of a material contractual obligation, and only in the case of paid services or the sale of products. A "material contractual obligation" means an obligation whose fulfillment is a prerequisite for the proper implementation of the agreement and on which you can and should normally rely. Our liability for negligent breach of a material contractual obligation is limited to the amount of a typical and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in case we have explicitly given a guarantee remains unaffected.

The foregoing provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability for tortious acts) as well as liability for pre-contractual transactions (culpa in contrahendo). They also apply to the benefit of our directors, senior employees or other legal representatives, employees, and agents.

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Modification of Terms and Services; Termination

We reserve the right to change these Terms from time to time at our sole discretion to account for changes in laws or to introduce additional features that we may introduce or if we otherwise develop our business. Therefore, you should read these Terms regularly, and in any case during the checkout process when purchasing products. The new terms apply to any new order you place after the effective date of the new terms. If continuous services used by you are affected by changes to the terms, we will take your legitimate interests into account in a reasonable manner. We will inform you of such changes in advance. The changes will be deemed accepted by you if you do not object to these changes within two months of this notice. We will notify you of this in our notice. If you object to the changes, we have a special termination right - without any further obligations to you - which becomes effective as of the effective date of the changes.

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We may modify the Services, discontinue the provision of the Services or one or more features of the Services offered, or restrict the Services. We may permanently or temporarily terminate or suspend access to the Services itself - without stating reasons and without further obligations. We will notify you of this in advance if possible and take into account your legitimate interests in such measures.

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Links to Third-Party Websites

The Services may contain links through which you may leave the Site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the content of linked sites, for links contained on a linked site, or for changes and updates to such sites. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.

 

Applicable Law

These terms are subject to the laws of [the Federal Republic of Germany] (excluding conflict of laws provisions) and are to be interpreted accordingly.

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The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to participate in dispute resolution proceedings before alternative dispute resolution entities.

 

MISCELLANEOUS

A waiver by either party of a breach or default under these terms does not constitute a waiver of any subsequent breach or default.

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The headings used in these terms are for convenience only and have no legal significance.

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Unless expressly otherwise stated: if any part of these terms is found to be unlawful or unenforceable for any reason, it is agreed that such part of the terms shall be removed and the remaining terms shall remain unaffected and fully effective.

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Without our prior written consent, you may not assign your agreement with us under these terms or any of your contractual rights or obligations.

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These terms constitute the entire agreement and replace all prior written or oral agreements between you and us in connection with the Services and the sale of products.

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The provisions of these terms which by their nature should survive termination of your use of the Services, including, without limitation, provisions regarding indemnification, disclaimers, limitations of liability, and this section "Miscellaneous," shall survive such termination.

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Contact To contact us, please send an email to: info@gallery23.co