Terms2018-08-14T13:00:09+02:00

General Terms and Conditions of HOSEUS – Art: Canvas Art and Sculptures

0. Offer

All of the works offered by HOSEUS are created in the Munich studio and hand-crafted originals.

1. Scope

For all orders via our gallery / atelier, online shop, contact form, the following terms and conditions apply.

2. Contracting party, conclusion of contract

HOSEUS offers his works for sale and for rent.
The purchase or lease agreement is concluded with HOSEUS, Krimhilde Hoseus.
The presentation of the products in the gallery does not constitute a legally binding offer, but rather a non-binding online catalog.

You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. By clicking on the order button you place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order and does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in separate e-mail or by delivery of the goods within 5 days.

A binding contract can already be concluded as follows:
If you have chosen the payment method PayPal, the contract is concluded at the time of confirmation of the payment order to PayPal.
The language available for the contract is German.
We save the contract text and send you the order data and our terms and conditions by e-mail. The terms and conditions can be viewed at any time here on this page. Your past orders are no longer accessible via the Internet for security reasons.

All information and product descriptions accessible before submitting the order confirmation, in particular on the website, in brochures, catalogs, price lists or other material of HOSEUS or the seller are for informative purposes only and therefore not binding, unless they are expressly designated as binding. In particular, they are not part of the contract and / or constitute a guarantee for certain properties of the objects.

3. Terms of delivery, shipping, shipping costs

delivery
In the case of the conclusion of the contract and the receipt of payment by HOSEUS will send the work. Orders are only delivered if all previous deliveries have already been paid.

We strive to meet shipping times. Nevertheless, there may be delays. All delivery times are therefore non-binding estimates.
Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer.

As far as a delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or the staircase of the customer or because the customer is not found under the delivery address specified by him, although the delivery date has been announced to the customer, carries the Customer the additional costs incurred due to the unsuccessful delivery.
For all deliveries on delivery (and in the case of art rent also on collection, see § 11) the condition of the works of art must be recorded in a condition log, which the customer and the carrier confirm by signature.

Shipping costs Buy:
Deliveries within Germany are free. Deliveries to other European countries or to third countries are not free and have a separate price calculation of shipping costs, taking into account any additional shipping and customs fees and taxes for the import etc.
If you want to place an order with a delivery abroad, please contact us via the contact form on our website or by e-mail to mail@hoseus.com, so that we can determine any additional costs for you individually.

Shipping costs rent:
Deliveries within Germany are free. Deliveries to other European countries or to third countries are not free and have a separate price calculation of shipping costs, taking into account any additional shipping and customs fees and taxes for the import etc. The same applies to the collection of the works after completion the rental period.

If you want to place an order with a delivery abroad, please contact us via the contact form on our website or by e-mail to:kontakt hoseus so that we may collect the costs Individual costs can be determined individually for you.

You have the option of picking up at Krimhilde Hoseus, Wörthstrasse 35, 81667 Munich, Phone: +49 (0) 172 6262652, eMail:kontakt hoseus by appointment. We do not deliver to packing stations.

4. Prices, payment

All prices on our online platform www. hoseus.com are gross prices including the legal value added tax if applicable. The prices are valid at the time of the order.

When buying HOSEUS works, the total gross amount of the order, consisting of the gross purchase price and, if applicable, shipping costs, must be paid to HOSEUS within 5 working days from the date of sending the order confirmation.

When renting works of HOSEUS, a gross amount of the total rent over the period (sum of the monthly rent) and if necessary shipping costs within 5 working days from sending the order confirmation to HOSEUS to pay.
In our shop and in general the following payment methods are available:

Payment in advance
When selecting the payment method “advance payment” we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

paypal
You pay the invoice amount via the online provider Paypal. You must always be registered there or register first, legitimize with your access data and confirm the payment order to us. You’ll get more information during the ordering process.

bill
payable immediately after receipt of invoice.

Cash on pickup
You can pay your goods in cash at pickup.

5. Retention of title

The goods remain the property of HOSEUS until full payment. When concluding a rental agreement, the objects with all their components remain the property of ATELIER.

Prior to transfer of ownership, any resale, leasing, pledging, transfer by way of security, processing, other disposition or transformation without the express written consent of ATELIER is not permitted.
6. Other conditions when renting works of art

a. Rental / usage:

The rental contract for works of art is concluded for the period of the rental period chosen by the customer. The minimum rental period is 6 months, the minimum rental price per customer and place of delivery (total price of works rented by a customer at the same time) is 100.- € / month (for example 2 works of 50.- € / month for 6 months each).

The rental period can be 6 or 12 months or individually extended on request and starts on the day of delivery. The lease ends automatically at the end of the rental period (after 6 or 12 months), without the need for termination. The customer acquires the right to use the works of art at the place of delivery for the rental period selected by him (3, 6 or 12 months) and to exhibit them in his agreed rooms. Changes in the location of works of art are only permitted with our consent and must be agreed separately.

Further rights of use in terms of copyright remain with HOSEUS. All illustrations (including, but not limited to, photos of rented art objects), reproductions, publications, distribution, rental or subletting to third parties and / or public exhibition or other commercial use by the customer are excluded.
The customer agrees to make the rented art objects of HOSEUS, a possible prospective buyers accessible by prior agreement.

b. insurance

All works of art are insured by HOSEUS for the entire rental period at the agreed exhibition location of the customer to secure the customer. The cost of insurance during the rental period is included in the rental price.
During the rental of works of art, the customer is obliged to treat the works of art with care and in order to guarantee their integrity. In the event of damage or loss, the customer is obliged to inform HOSEUS immediately in writing about the damage or loss:
Address: HOSEUS Krimhilde Hoseus, Wörthstrasse 35, 81667 Munich
E-Mail:kontakt hoseus
If there is a defect to be picked up during the examination of the condition of the art object, which was not noted as such in the condition log on delivery, it is assumed that this defect arose during the rental period. The customer reserves the proof that the defect is not his fault.

c. Purchase, purchase price during the rental

For objects of art for which a rental business with the customer has come about, the customer is entitled to pre-purchase during the rental period. If a third party intends to acquire the rented property during the rental period, the customer will be informed immediately by e-mail and can make use of his right of first refusal by purchasing and paying for the relevant property within 7 calendar days of receiving the aforementioned e-mail.

Purchase price of a rented art object: If the customer decides during the rental period for the purchase of a rented art object, a 100% credit of the total rent of the art object on the purchase price, up to the amount of the purchase price.

Ordinary termination of the rental contract during the contract period is excluded. The right to extraordinary termination without notice for cause remains unaffected. An important reason exists in particular if the customer violates the duties of care due to him in accordance with § 11 or the customer does not fulfill his obligation to pay and gets more than 10 working days in arrears with the payment of the due rent.

d. Return / pickup

The customer undertakes to return the works of art immediately upon termination of the rental contract. The hired art objects for return transport are collected at the end of the rental period by the transporter commissioned by HOSEUS. The pick-up date will be agreed with you by HOSEUS.

e. Information obligation in case of insolvency
It is the customer’s duty to immediately inform HOSEUS about any confiscation of his movables and real estate, if this also affects the objects leased to him, or at least part of it. This also applies in the event of insolvency of the customer or his plan to give up residence within Germany. Should the leased property be included in the case of a foreclosure measure directed against him, it is the customer’s duty to immediately inform HOSEUS the responsible enforcement body.

7. Warranty and Guarantees

Unless otherwise expressly agreed otherwise, the statutory warranty rights apply.
The limitation period for claims for defects amounts to one year from delivery of the goods.
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of the Product Liability Act is opened.
Information on additional warranties that may apply and their exact conditions can be found on the product and on special information pages in the shop.

8. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty
in the case of a guarantee promise, insofar as the scope of application of the Product Liability Act has been opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the contract to be executed properly (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time the contract was concluded limited, with the emergence typically has to be expected.
Incidentally, claims for damages are excluded.

9. Online Dispute Resolution

Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.

Terms and conditions, among other things, created free of charge with Trusted Shops lawyer in cooperation with Wilde Beuger Solmecke lawyers.

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.