OUR TERMS AND CONDITIONS

(as of July 13, 2023)

 

Preamble

Welcome to the online platform www.weartberlin.de ("website"), operated by we art berlin UG (haftungsbeschränkt), Dietrich-Bonhoeffer-Str. 3, 10407 Berlin, ("WEARTBERLIN" or "we"). WEARTBERLIN mediates, sells and rents artworks and related objects ("artworks", "works" or "objects") on the website.

If WEARTBERLIN mediates the sale or rental of artworks from artists, galleries or other persons ("vendors"), WEARTBERLIN acts as an agent in the name and on behalf of the vendors. As an intermediary, WEARTBERLIN is responsible for providing the website, communication between you as an art lover ("Customer" or "you") and the vendor, payment processing and shipping ("WEARTBERLIN services"). All rights and obligations from the purchase or rental of the objects then exist solely in the relationship between the customer and the vendor.

If WEARTBERLIN itself acts as the vendor or lessor of the objects, all rights and obligations arising from the purchase or rental of the objects exist in the relationship between the customer and WEARTBERLIN as the vendor.

By using www.weartberlin.de or placing an order, you conclude two contracts, one between WEARTBERLIN and you regarding the WEARTBERLIN services and one between you and the vendor regarding the sale or rental of the objects.

By using www.weartberlin.de or placing an order, you agree to the following general terms and conditions.

Please read the terms and conditions carefully before placing an order.

Please also note the additional information on data protection regulations.



1. Scope

1.1.       The following general terms and conditions apply to all declarations of intent, contracts and legal transactions or actions similar to legal transactions by WEARTBERLIN and the vendor via the online platform www.weartberlin.de. The terms and conditions valid at the time of the order become part of the contract.

1.2.       The general terms and conditions of the customers are hereby contradicted. These do not become part of agreements unless the conditions are expressly confirmed in writing by WEARTBERLIN and/or the vendor.

2. Registration

2.1.       To order objects for rent or purchase, it is necessary to create a customer account with WEARTBERLIN. The creation of a customer account is only possible by and for people who have reached the age of 18. The customer account is used to facilitate the provision of information that is required in the context of an order and simplifies follow-up orders and repeated contracts. A claim for a contract does not exist.

2.2.       Mandatory information when registering to create a customer account is: name, address, telephone number and e-mail address. The customer is obliged to provide the required information correctly and truthfully and to update it immediately in the event of changes. A legal entity must be registered by an authorized representative.

2.3.       Creating a customer account is free of charge for you.

2.4.       You can delete a customer account at any time, but in the case of an ongoing rental agreement, no earlier than when the rental period has expired and the objects have been picked up. To delete a customer account, send an email to service@weartberlin.de.

2.5.       If a customer provides untrue information during registration or if a registered customer fails to notify changes, WEARTBERLIN reserves the right to exclude the customer from WEARTBERLIN and to irrevocably delete the customer account in question with all customer-related data.

2.6.       WEARTBERLIN can reject a registration at any time without giving reasons.

3. Offer and Conclusion of Contract

3.1        WEARTBERLIN offers works by artists on the website for sale and for rent.

3.2        The presentation of the works on the website does not represent a legally binding offer from the vendor, but a non-binding online catalogue. The offers of the vendors are subject to change and non-binding. With your order you make a binding offer to conclude a rental or purchase contract for the objects contained in the shopping cart.

3.3        Immediately after submitting your order, you will receive an e-mail from WEARTBERLIN as the vendor's representative, which confirms receipt of the order and lists its details ("Order Confirmation"). The order confirmation does not yet represent acceptance of your offer, but is only intended to inform you that we have received your order.

3.4        WEARTBERLIN can accept your order on behalf and in the name of the vendor by sending the order confirmation/invoice by e-mail within 20 working days. A purchase or rental contract is concluded with the order confirmation/invoice.

3.5        During this period of 20 working days, the customer remains bound by the offer he has made to the vendor.

3.6        If you do not receive an order confirmation/invoice by e-mail, your offer is deemed not to have been accepted.

3.7        All information and product descriptions accessible before the order confirmation/invoice is issued, in particular on the website, in brochures, catalogues, price lists or other material from WEARTBERLIN or the vendor are for informational purposes only and are therefore non-binding, unless they are expressly designated as binding. In particular, they are not part of the contract and/or represent a guarantee for certain properties of the objects.

3.8        Objects can only be purchased and rented by and for persons who have reached at least 18 years of age.

4. Prices

4.1        All prices on our online platform www.weartberlin.de are gross prices including statutory sales tax and any premium.

4.2        The prices on the website are not binding. Only the prices agreed between you and the vendor in the purchase contract or rental contract for the respective property are binding.

4.3 If your shipping address is in Germany, the price is the final price including the statutory sales tax in accordance with German law. If your shipping address is outside of Germany, additional taxes or obligations may arise. If so, you will be solely responsible for paying any such additional taxes or other obligations. If you are a business, you will be responsible for the relevant taxes in accordance with the applicable law in your country of domicile.

4.4        Despite our best efforts, a small number of Products on our Platform may be mispriced. We verify prices when we process your order and before we take payment. If a product is incorrectly priced and the correct price is higher than the price on our website, we will contact you before the items are dispatched to ask whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we quote, we will charge the lower amount and send you the product.

5. Terms of Payment

Due date:

5.1        When purchasing works, the total gross amount of the order, consisting of the gross purchase price and the flat shipping rate, must be paid to WEARTBERLIN within 10 working days from receipt of the order confirmation.

5.2        In the event that the customer would like to purchase an artwork that is rented at the time the order is placed, a deposit of 10% of the gross purchase price must be paid to WEARTBERLIN within 10 working days from receipt of the order confirmation. If the artwork cannot be delivered after the rental period has expired, WEARTBERLIN will refund this deposit.

5.3        When renting artworks, a gross partial amount consisting of the first monthly rental rate, the shipping fee and the deposit (see § 10.16) must be paid to WEARTBERLIN within 10 working days from receipt of the order confirmation/invoice. Payment of all subsequent rental installments is due monthly in advance by the 20th day of each month.

Payment:

5.4 WEARTBERLIN is authorized to receive payment from the vendor.

5.5 The customer can choose between different means of payment:

a)       Credit card.

b)       SEPA direct debit.

c)       Advance payment.
The customer makes the payment in advance by bank transfer to WEARTBERLIN to the account specified in our order confirmation, invoice or in the online shop:
i)       For orders to purchase artworks, the customer makes the payment in advance in the amount of the gross total amount of the order according to the order confirmation/invoice.
ii)       For orders for art rental, the customer makes the payment in advance for a gross partial amount of the order consisting of the first monthly rental rate, the flat shipping rate and the deposit (see § 10.16) according to the order confirmation/invoice. The customer shall pay all subsequent monthly rental installments in accordance with the order confirmation/invoice on the 20th day of each month in advance.

5.6        When paying by credit card, the credit card will be debited immediately with the order confirmation/invoice. If the chargeback is necessary for a credit card payment, the customer is obliged to pay a processing fee of €50.

5.7        When paying by SEPA direct debit, WEARTBERLIN is revocably authorized to collect the invoice amount from the specified customer account. The customer account is debited immediately with the order confirmation/invoice.
The indication of the giro account serves as confirmation from the customer that he is entitled to direct debit via the corresponding giro account. If the direct debit is not carried out due to insufficient account funds or incorrectly entered bank details or in the event that the customer objects to the debit although he is not entitled to do so, the customer shall bear the chargeback fees of the bank. In addition, the customer is obliged to pay a processing fee of €50 per returned direct debit. Further claims on the part of WEARTBERLIN remain unaffected.

5.8        In the event that a contract with the customer is not concluded, WEARTBERLIN will cancel the payment and refund the customer the amount.

5.9        Depending on the payment method selected, additional costs may be incurred, which are clearly shown at the checkout in the online shop.

5.10        The customer only has the right to offset if his counterclaims have been legally established or are undisputed or recognized by WEARTBERLIN.

5.11        The customer is only authorized to exercise a right of retention if a counterclaim is based on the same contractual relationship.

Delay:

5.12        If the customer is in default of payment, we shall be entitled to demand default interest at a rate of 10% of the dunning value.

6. Retention of Title

6.1       Objects may not be reproduced without permission and must be returned immediately in the event of non-compliance with the contract.

6.2        When a purchase contract is concluded, each item delivered remains the property of the vendor until full and final payment has been made to WEARTBERLIN.

6.3        When a rental contract is concluded, the objects and all of their components remain the property of the artist or the vendor.

6.4        WEARTBERLIN is entitled to take back the objects in the name and on behalf of the vendor if the customer behaves in breach of contract, especially in the event of default of payment. The customer already allows WEARTBERLIN access to the premises in which the objects are located. The taking back of the objects does not constitute a withdrawal from the contract, unless WEARTBERLIN/the vendor had expressly declared this. After taking back the objects, we are authorized to sell them. Prior to the transfer of ownership, resale, rental, pledging, transfer of security, processing, other disposal or transformation is not permitted without the express written consent of WEARTBERLIN, the vendor or the artist.

7. Shipping

7.1        In the event of the conclusion of a contract and receipt of payment by WEARTBERLIN, WEARTBERLIN will commission a logistics company. Orders will only be delivered if all previous deliveries have already been paid for.

7.2        We strive to meet shipping times. Nevertheless, there may be delays. WEARTBERLIN is not responsible for delays caused by the logistics company. All delivery times are therefore non-binding estimates.

7.3        Unless otherwise agreed, delivery to the delivery address provided by the customer will be made by a logistics company specified by us.

7.4        Delivery includes

a)     for all deliveries, the packaging and transport of the artworks and
b)     in the case of art rental, also the delivery, hanging/assembly/installation (hanging up or setting up), as well as collection, dismantling/deinstallation, the packaging and the return transport of the artworks.

7.5        If delivery to the customer is not possible because the delivered item does not fit through the entrance, front door or stairwell of the customer or because the customer cannot be found at the delivery address provided by him, although the delivery time has been given to the customer with a period of 14 days, the customer bears the additional costs incurred due to the unsuccessful delivery.

7.6        Deliveries to companies are made at the risk of the company from the time the objects are handed over to the logistics company. Deliveries to consumers are made at the customer's risk from the time the objects are handed over to the customer.

7.7        For all deliveries, upon delivery (and in the case of art rental also upon collection, see § 13), the condition of the works must be recorded in a condition report (carried along by the logistics partner) and confirmed by the customer and the logistics partner by signature.

7.8        The customer must check the works immediately for damage and notify the logistics partner before accepting them. If obvious damage is present and only noticed after acceptance, the customer must report this to us within a period of 72 hours after acceptance. If the customer fails to do so, the assertion of notices of defects for such obvious damage is excluded.

8. Shipping Costs

8.1        For deliveries within Germany, WEARTBERLIN calculates a flat shipping rate per order, depending on the region of the delivery address, the size and the weight of the items, unless expressly agreed otherwise. Unless otherwise expressly agreed, the costs for the original packaging and transport are included in this flat shipping rate.

8.2        For deliveries to other European countries or to third countries, the shipping costs are calculated separately, taking into account any additional shipping and customs fees and import taxes, etc. If you want to place an order with a delivery abroad, please use the contact form on our website or contact us by email to service@weartberlin.de so that we can determine the additional costs that may arise individually for you.

9.        No Grant of Rights, Exhibitions

9.1        By purchasing a photographic print, you only acquire physical ownership of the print. No other rights of use are granted. Any reproduction (duplication), distribution, rental, public access or other analogue or digital exploitation is not permitted. However, you can resell the print.

9.2        The public exhibition of acquired artworks requires the written consent of WEARTBERLIN or the respective vendor in individual cases.

10.        Further Conditions and Rights of Use for Art Rental

Term of the agreement:

10.1        The rental contract for artworks is concluded for the period of the rental period selected by the customer. The rental period can be 6 or 12 months and starts on the day of delivery. The rental agreement ends automatically at the end of the rental period (after 6 or 12 months) without the need for notice.

Location:

10.2        For the selected rental period (6 or 12 months) the customer acquires the right to use the artworks at the place of delivery and to exhibit the works in his agreed rooms.

10.3        Changes in the location of the artworks are only permitted with our consent and must be agreed separately (service@weartberlin.de).

Rights of use:

10.4        Customers have the following rights for exhibitions:
a)        Consumers have the right to exhibit rented artworks in their private premises.
b)        Companies have the right to exhibit rented artworks on the business premises, even if the business premises allow regular public traffic. Unguarded, unattended spaces, such as hotel rooms, are excluded as an exhibition space for artworks in business premises.

10.5        Additional rights of use within the meaning of copyright law (see §14) remain with the artist. All illustrations (including, for example, photos of rented works), reproductions, publications, distribution, lending or sub-letting to third parties and/or public exhibition or other commercial use by the customer are excluded.

10.6        The customer agrees to make the artworks accessible to WEARTBERLIN, the vendor and any potential buyers after prior agreement.

Original packaging:

10.7        The customer undertakes to store the original packaging materials for reuse during return transport, unless expressly agreed otherwise with us (service@weartberlin.de).

10.8        The artworks are returned in their original packaging. If the original packaging materials are no longer available when the works are collected, the logistics partner will use replacement packaging materials, the cost of which will be charged to the customer.

Return of the rental object:

10.9        The customer undertakes to return the artworks immediately upon termination of the rental agreement.

10.10      The rented artworks will be picked up for return transport at the end of the rental period by the logistics partner commissioned by WEARTBERLIN. If the end of the rental period falls on a weekend or a holiday, the collection will take place on the following working day. WEARTBERLIN will inform you of the collection date by e-mail.

10.11      It is the customer's responsibility to return the rental property to the vendor in good time at the agreed time. If the collection for return delivery of the objects cannot be realized on the agreed date through the fault of the customer, e.g. because the customer or a person authorized to represent him cannot be found at the collection address, and if the customer is in default with the return delivery of the rented objects, the Customer all additional costs incurred as a result, e.g. for the logistics partner to travel again.

10.12      In the event of a delayed return of the rented item, the customer owes compensation for use, which is based on the originally agreed rent.
Furthermore, a fee of €80 will be charged for each unsuccessful collection or delivery attempt. Furthermore, the customer reimburses WEARTBERLIN for any further consequential damage resulting therefrom and releases WEARTBERLIN from any claims for damages by the subsequent tenant.

Right of first refusal:

10.13      For artworks for which a rental transaction has been concluded with the customer, the customer is entitled to pre-purchase during the rental period. If a third party intends to purchase the rented property during the rental period, the customer will be informed immediately by e-mail and can exercise his right of first refusal by purchasing and paying for the relevant property within 7 calendar days of the aforementioned e-mail being sent.

Purchase price of a rented artwork:

10.14      When purchasing a rented artwork, parts of the rental fees paid can be offset against the purchase price.Credit is limited to rental fees for a 12-month rental period.

Termination:

10.15        Ordinary termination of the rental contract during the contract period is excluded. The right to extraordinary termination without notice for important reasons remains unaffected. An important reason exists in particular if the customer violates the duty of care incumbent on him according to §§ 11.6, 13.5 or the customer does not meet his payment obligation and is more than 10 working days in arrears with the payment of the rent due.

Deposit:

10.16        The customer undertakes to pay a (security) deposit of around 10% of the gross purchase price according to the order confirmation/invoice. In the event that the customer acquires the object, this will be offset against the purchase price. Otherwise, the deposit will be refunded after the object has been returned properly and free of defects.

Reporting requirements:

10.17        It is the customer's duty to inform WEARTBERLIN immediately of any confiscation of his movables and real estate, if this also affects the objects rented to him, or at least a part of them. This also applies in the event of insolvency of the customer or his intention to give up his place of residence within Germany. If the rented items are included in the case of an enforcement measure directed against him, it is the customer's obligation to notify WEARTBERLIN of the responsible enforcement body without delay.

11. Warranty, Proper Handling

11.1        The vendor's warranty is based on the statutory provisions. The statutory warranty period is two years and begins when the object is handed over. During this time, all defects that are subject to the statutory warranty will be remedied free of charge. Excluded from the warranty are damages that can be traced back to natural wear and tear, improper use and insufficient or incorrect care or storage.

11.2        If the customer is a consumer, the warranty period for the purchase of used items is one year.

11.3        If the customer is a company, the warranty is excluded insofar as used objects are the subject of the purchase contract.

11.4        We reserve the right that there may be deviations in structure, color and painting technique in the presentation of the objects on the website and that the appearance of the objects cannot be completely identical to the images on the website.

11.5        It is understood that all artworks are subject to changes in color and texture over time due to environmental influences. The manifestations of these changes depend directly on the materials used and the technique employed by the artist. The vendor assumes no liability for this unalterable process of change.

11.6        Artworks may not be exposed in whole or in part to direct sunlight, may not be hung directly above heaters and may not be exposed to humidity levels that exceed the level of normal living spaces. Artworks are therefore not suitable for outdoor use, basement rooms, bathrooms and kitchens. With works such as paintings and photographs, it is important to note that lamination with UV protection film or acrylic glass and wooden frames are very sensitive to scratches and stains and should therefore only be touched with gloves or comparable protection.

12. Limitation of Liability

12.1        WEARTBERLIN/the vendor is only liable if WEARTBERLIN/the vendor or one of its legal representatives or one of its vicarious agents has violated an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or the damage is due to gross negligence or intent on the part of WEARTBERLIN/the vendor or one of his legal representatives or one of his vicarious agents. Unless this is due to gross negligence or intent, the liability of WEARTBERLIN/the vendor is limited to the damage that was reasonably foreseeable when the contract was concluded. WEARTBERLIN/The vendor is not liable for the slightly negligent breach of obligations other than those mentioned above.

12.2        The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

12.3        Insofar as the liability of WEARTBERLIN/the vendor is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

12.4        The liability of WEARTBERLIN/the vendor for non-performance or delayed performance is also excluded insofar as this is due to measures in the context of labor disputes, in particular strikes and lockouts or the occurrence of unforeseen obstacles that are beyond the control of WEARTBERLIN/the vendor, for example operational disturbances.

13.        Further Liability Regulations for renting Artworks

13.1        The artworks are delivered to the customer in perfect condition.
a)        If the customer is a company and receives an artwork that is not in perfect condition, the customer is obliged to report the defects to WEARTBERLIN immediately after receipt of the artwork, but no later than within 72 hours. If the customer does not report the defect to WEARTBERLIN within 72 hours of receipt, the item sent is deemed to be in accordance with the contract (§ 377 HGB).
b)        If the customer is a consumer, the rebuttable presumption applies that the artwork was free of "obvious defects" when it was received by the customer. The customer reserves the right to prove the defectiveness of the artwork upon receipt.
c)        Upon delivery and collection, the condition of the works must be recorded in a condition log (carried along by the logistics partner), which the customer and the logistics partner confirm with their signatures. In the unlikely event that an artwork has minor defects, these must be noted as such in the condition report and documented with photos.

13.2        For consumers, the warranty is based on the legal requirements.

13.3        In the case of companies, supplementary performance is carried out at our discretion by remedying the defect or by subsequent delivery. If the attempt at supplementary performance is unsuccessful, the customer can demand a price reduction. The right to withdraw from the entire contract only applies if the defect renders the rented item unusable for the intended purpose or significantly impairs the intended use. The customer must grant WEARTBERLIN the time and opportunity required for supplementary performance. If the customer refuses this, we shall be released from supplementary performance. A guarantee for supplementary performance is only given in the same form as for the original rental item.

13.4        If an inspection of the condition of the artwork reveals a defect upon collection that was not noted as such in the condition report upon delivery, it is assumed that this defect arose during the rental period. The customer reserves the right to prove that he is not responsible for the defect.

13.5        During the rental of artworks, the customer is obliged

a)        to treat the artworks with care and appropriately in order to guarantee their integrity,
b)        to observe all legal, official or agreed safety regulations,
c)        to heat the premises in which the artworks are located either sufficiently during the cold season or drain and keep drained of all water-bearing systems and facilities,
d)       to keep doors, windows and all other openings to rooms in which artworks are located properly locked if no supervisor is present, as well as all security measures that were in place at the time the contract was concluded and additionally agreed - in particular burglar alarm systems - are to be kept fully usable and to be activated to the extent that unless otherwise expressly agreed.
e)       to protect the artworks from strong environmental influences and direct sunlight, to avoid placing the work above heaters, hanging it on damp walls (e.g. new buildings) or similarly heat-generating devices and keeping artworks in rooms with humidity levels that deviate significantly from the value of normal living spaces. If you have any questions about the proper handling of the artworks, you can also contact us directly (by e-mail to: service@weartberlin.de).
f)        not to exhibit the artworks in rooms that are subject to strong environmental influences. This includes outdoor spaces, kitchens, bathrooms and basements.

13.6        In the period between handover of the rented item to the customer (consumer) or to the logistics partner (company), i.e. after the transfer of risk and the end of the rental period, the customer is responsible for the artworks. The customer is liable for loss, destruction or damage to the works during this time up to the amount of the purchase value (reported purchase price less statutory VAT). This includes in particular the risk of loss due to fire or theft.

13.7        In the event of damage or loss, the customer is obliged to inform WEARTBERLIN immediately about the damage or loss:

Address:     we art berlin UG (haftungsbeschränkt), Dietrich-Bonhoeffer-Str. 3, 10407 Berlin
Telephone: +49 (0) 30 51693842
E-mail:         service@weartberlin.de

14.        Copyrights

14.1        The customer is aware that the works are protected by copyright. Artworks are the property of the respective artist and are subject to copyright. Thus, illustrations of the artworks may not be reproduced without permission. Any use of the images not permitted by license is illegal and violations may result in criminal prosecution.

14.2        The customer shall already exempt WEARTBERLIN against any third-party claims arising from the above-mentioned circumstances, e.g. B. claims of the artist of the original, the collecting society, etc.

15. Right of Cancellation of the Customer as a Consumer

Consumers are entitled to a right of cancellation according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed to either their commercial or their self-employed professional activity:

15.1 Cancellation policy when purchasing OBJECTS

Right of cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the objects.

In order to exercise your right of cancellation, you must notify

we art berlin UG (haftungsbeschränkt)

Address:     Dietrich-Bonhoeffer-Str. 3, 10407 Berlin
Telephone: +49 (0) 30 51693842
E-mail:         service@weartberlin.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.

Consequences of Revocation

In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and benefits (e.g. advantages of use) to the vendor or only in part or only in a deteriorated condition, you must compensate the vendor in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective objects, as is possible and customary in a retail store.

Dispatchable goods are returned at the risk of the vendor. You have to bear the cost of returning. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for the vendor with their receipt.

Special Notes:

The vendor may refuse repayment until he has received the goods back or until he has provided proof that you have returned the goods, whichever is earlier.

If you revoke the contract, this affects the contract as a whole. If the contract also includes a service, for example, then this is also covered by the revocation. If a service is also included in the contract, the contract can also be revoked according to the conditions that apply to the service.



End of Cancellation Policy

..................................................... ...................................


SAMPLE CANCELLATION FORM WHEN PURCHASING OBJECTS

(If you want to cancel the contract, please fill out this form and send it back.)

− To we art berlin UG (haftungsbeschränkt), Dietrich-Bonhoeffer-Str. 3, 10407 Berlin, phone: +49 (0) 30 51693842, e-mail:  service@weartberlin.de
− I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following items
− Ordered on (*)/received on (*)
− Name of consumer(s)
− Address of consumer(s)
− Signature of consumer(s) (only if notification is on paper)
− Date

(*) Cross out what is not applicable.

……………………………………………………………..

15.2 Cancellation policy when purchasing SERVICES

Right of Cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of cancellation, you must notify

we art berlin UG (haftungsbeschränkt)

Address:     Dietrich-Bonhoeffer-Str. 3, 10407 Berlin
Telephone: +49 (0) 30 51693842
E-mail:         service@weartberlin.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

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

Consequences of Revocation

If you revoke this contract, the vendor has to pay you all payments that WEARTBERLIN has received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you choose a different type of delivery than the cheapest one (standard delivery) offered by the vendor) immediately and at the latest within fourteen days from the day on which WEARTBERLIN received notification of your cancellation of this contract. For this repayment, the vendor uses the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will the vendor charge you for this repayment.

Special Instructions:

In the case of a service, your right of withdrawal expires prematurely if the contract has been completely fulfilled at your express request before you have exercised your right of withdrawal. If you have requested that the service should begin during the cancellation period, you must pay the vendor a reasonable amount that corresponds to the proportion of the services already rendered up to that point in time at which you informed WEARTBERLIN of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

If you revoke the contract, this affects the contract as a whole. If the contract also includes a delivery of objects, for example, then this is also covered by the revocation. If the contract also includes a delivery of objects, the contract can also be revoked according to the conditions that apply to the delivery of objects.

End of Cancellation Policy

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SAMPLE CANCELLATION FORM WHEN PURCHASING SERVICES

(If you want to cancel the contract, please fill out this form and send it back.)

− To we art berlin UG (haftungsbeschränkt), Dietrich-Bonhoeffer-Str. 3, 10407 Berlin, telephone: +49 (0) 30 51693842, e-mail:  service@weartberlin.de
− I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service
− Ordered on (*)/received on (*)
− Name of the consumer(s)
− Address of the consumer(s)
− Signature of the consumer(s) (only if notified on paper)
− Date

(*) Cross out what is not applicable.

……………………………………………………………..


16. Collection, Processing and Use of Personal Data

We comply with the legal data protection requirements. You can find specific information on the use of personal data in our data protection declaration.

17. Final Provisions

17.1        We reserve the right to change our website or terms, including these Terms and Conditions, from time to time and without notice. The version of the terms and conditions valid for your order is the one published on www.weartberlin.de at the time of the order, unless a change to these terms and conditions is required by law or by official order. In this case, the change in the terms and conditions takes place in compliance with the legal requirements and also applies to previously placed orders.

17.2        Changes or additions must be made in writing.

17.3        German law applies exclusively, to the exclusion of the UN Sales Convention. The exclusive place of jurisdiction is Berlin, Germany or the registered office of the vendor.

17.4        If one or more provisions of these terms and conditions are invalid, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced as quickly as possible by another provision that comes as close as possible to the content of the invalid provision. All information on the WEARTBERLIN website is provided without guarantee. Errors and omissions excepted.

WEARTBERLIN customer service is available for questions and complaints:
Contact:      weartberlin Customer Service
Email:          service@weartberlin.de
Telephone: +49 (0) 30 51693842