The products offered by GittaGsArt are custom-made works of art, therefore, according to §312g Abs.2 BGB there is no right of return without obvious quality defects or manufacturing defects.
6.1 Non-satisfaction:
Due to the nature of the products offered by GittaGsArt, a return is not possible in case of non-satisfaction without obvious defects or manufacturing defects.
The following does not constitute a defect:
• The artistic design in terms of image conception and details of the product is the responsibility of the artist (GittaGsArt). The wishes of the customer will be taken into account as far as possible, but have their limits in the artistic design freedom of the seller. "Not liking" the product does not constitute a defect and cannot lead to a return or reduction of the agreed remuneration.
• The size of the image mentioned in the offer represents an approximate size and is not binding.
The conversion of the size from inch to centimeter and from centimeter to inch may differ slightly from each other. The measurements serve as an approximate idea of the size for the customer. The real measurements depend on the size of the special canvas and the size of the special material used for art prints.
The indication of the size in A formats according to DIN EN ISO 216 (such as Din A4), serve the customer as an approximate idea of the size. The real dimensions depend on the size of the special drawing paper and can deviate by up to 30%.
These deviations do not represent a defect and can therefore also not lead to a return or reduction of the agreed remuneration.
• Color differences caused by your computer monitor are also not a defect of the goods and do not entitle to a return or reduction of the agreed remuneration.
Should the seller EXPRESSLY CONSENT to a return without defects or manufacturing faults (goodwill), please return the goods to us immediately within twenty-one days of receipt of the delivery, if possible in the original packaging:
Gitta Gläser
Stadtgraben 14
99518 Bad Sulza
Germany
The shipping costs for the return in such a case is borne by the customer.
6.2 Quality defects and manufacturing faults:
• For traditionally made artwork and digital files, the following applies: the sale is made under exclusion of warranty and guarantee. The products are unique artistic pieces. The seller hands over the products free of defects to the customer or the company in charge of shipping. "Not liked" does not constitute a material defect. Further warranty and guarantee claims are excluded.
• The following applies to custom art prints: If the purchased item is defective, the provisions of the statutory liability for defects apply.
A product that is already defective upon delivery (warranty case) will be replaced by the seller at the expense of GittaGsArt with an equivalent, defect-free product (supplementary performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk (see also 7.2 of the GTC).
Explanation and procedure:
The seller does not have the possibility to check the products for quality defects or manufacturing defects himself. The products are created user-defined by the seller, but then printed by third parties, checked for defects and shipped. This gives the customer the opportunity to exercise his right of return.
Please contact us within fourteen days of delivery, and send two to three photos of the defect before returning anything, so that we can check to what extent there is a defect or error, whether the art print can be returned, and to exercise our own warranty rights with the printing company.
Printing defects, similar quality defects and material defects entitle the customer to free replacement.
After inspection of the defects by the seller, and in case of return, the customer shall send the defective goods within twenty-one days from the date of receipt of the delivery free of charge by standard shipping to the address indicated on the return bill.
However, if the customer chooses an unnecessarily expensive shipping method, the customer may be required to pay GittaGsArt the increased cost over a less expensive shipping method.
Please use the original packing materials whenever possible to avoid damage during return shipping.
If the item is not returned in its original condition due to lack of packaging, and any resulting damage is attributable to the customer, the customer will be responsible for any loss in value.
6.3 Transport damages:
In the event of transport damage, the carrier shall be liable in accordance with its GTC, over which the seller has no influence. In particular, the seller assumes no liability for improper transport.
For consumers, the following applies: If goods are delivered with obvious transport damage, please claim such damage immediately to the delivery agent and contact us immediately.
Failure by the customer to make a complaint or contact us has no consequences for his legal claims and their enforcement, in particular his warranty rights (see 7.1 and 7.2 of the GTC). However, the customer helps the seller to assert his own claims against the carrier or the transport insurance.
Please contact us within fourteen days after receipt of the goods damaged in transit and send us two to three photos, both of the damaged goods and the damaged packaging.
• For art prints, the following applies: after the seller has inspected the damage, and in the case of a return, the customer will send the damaged goods within twenty-one days of receipt of the delivery, free of charge, using standard shipping to the address indicated on the return slip.
However, if the customer chooses an unnecessarily expensive shipping method, the customer may be obligated to pay GittaGsArt the increased cost compared to a less expensive shipping method.
In the event of an effective claim, the customer will receive a free replacement from the seller.
• For traditionally made artworks and digital files, the following applies: the sale is made under exclusion of warranty and guarantee.
The products are unique artistic pieces.
The seller hands over the products free of defects to the customer or the company in charge of shipping. In the event of transport damage, the carrier shall be liable in accordance with its general terms and conditions, over which the seller has no influence. In particular, the seller assumes no liability for improper transport. Further warranty and guarantee claims are excluded.
Please note that traditionally made works of art are individual one-off pieces, and that any products made as a gesture of goodwill as replacements are only similar to them. Failure to please does not constitute a material defect (see 6.1 of the GTC).
6.4 Delivery not received:
Please contact us no later than fourteen days after the expected delivery date.
We will cover the cost of sending a replacement delivery for art prints, but we may ask for your help beforehand.
Therefore, please double-check that the address you provided was correct and contact your local post office/delivery agent(s) to locate the lost shipment.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the seller as a result.
GittaGsArt is not responsible for delivery addresses incorrectly provided by the customer, if the customer has not received or picked up their delivery after tracking indicates that a delivery has been delivered, in the case of mispersonalization or other errors attributable to the customer.
For traditionally made artwork and digital files, the following applies: the sale is made under exclusion of warranty and guarantee.
The products are unique artistic pieces.
The seller hands over the products free of defects to the customer or the company in charge of shipping. In the event of transport damage, the carrier shall be liable in accordance with its General Terms and Conditions, over which the Seller has no influence. In particular, the seller assumes no liability for improper transport. Further warranty and guarantee claims are excluded.
Please note that traditionally made works of art are individual one-off pieces, and that any products made as a gesture of goodwill as replacements are only similar to them. Failure to please does not constitute a material defect (see 6.1 of the GTC).