General Terms and Conditions

Paragraph 1: Basic Provisions

  • The following terms and conditions apply to contracts that you conclude with us as a supplier via the www.vah-trading.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
  • The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

Paragraph 2: Conclusion of the contract

  • The subject of the contract is the purchase of fine art.
  •  The contract is concluded via the online shopping cart system as follows:
  • The goods intended for purchase are placed in the „shopping cart“. You can use the corresponding button in the navigation bar to call up the „shopping cart“ and make changes there at any time.
  • After calling up the „Checkout“ page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
  • If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
  • Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the „back“ function of the Internet browser) or canceling the order.
  • By sending the order via the corresponding button („order with obligation to pay“ or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
  • The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

Paragraph 3: Shipping

  • You provide us with the appropriate information required for shipping the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any of our specifications for file formats must be observed.
  • You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
  • We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.

Paragraph 4: Right of retention, retention of title

  • You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
  • The goods remain our property until the purchase price has been paid in full.

Paragraph 5: Warranty

  • The statutory warranty rights apply.
  • As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
  • If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

Paragraph 6: Choice of Law, Place of Performance, Place of Jurisdiction

  • German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
  • The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
  • The provisions of the UN Sales Convention expressly do not apply.
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