TERMS & CONDITIONS
1. Scope of Application; Contract Language; Definitions
1.1 These General Terms and Conditions of Business (hereinafter: T&C) shall apply to all purchase orders placed by you in the online shop of RMD Gallery, proprietor: Richard Mark Dobson. Our deliveries, services and offers are based exclusively on these T&C. Terms and conditions of business that diverge from these T&C shall not apply. Counter-confirmations referring to your own terms and conditions of business and/or purchase are hereby expressly refuted; such terms and conditions shall not become a constituent part of any agreements, unless they have been confirmed in writing.
1.2 English is the language used for concluding the contract.
1.3 "Consumer" within the meaning of these T&C is any customer who concludes a contract as a natural person for purposes not predominantly attributable to his/her trade or self-employment.
1.4 "Business owner" within the meaning of these T&C is any customer who when concluding a contract acts in pursuit of his/her trade or self-employment.
2. Conclusion of a Contract
2.1 The presentation of the products in the online shop does not constitute a binding offer to conclude a contract. On the contrary, it constitutes a non-binding invitation to order products in the online shop.
2.2 The products you select using the button "Add to Cart" are summarised for you again in an order overview at the end of the ordering process. In this order overview, you can check all the information given during the course of the ordering process and make additions or amendments by using the correction tools provided and explained during the ordering process.
2.3 By clicking on the button "Complete Order", you submit your order details and declare to us your legally binding offer to purchase the products in the shopping basket in the online shop.
2.4 After your acceptance of our offer has been received, you are sent an order acknowledgement by email, again setting out the details of your order. This acknowledgement does not yet bring about a contract.
2.5 A purchase contract for the product(s) is only brought about when we expressly declare our acceptance, or - in the absence of an express declaration of acceptance issued in advance - when we actually dispatch the product(s).
3. Set-Off; Right of Retention
You shall be entitled to set-off and to exercise a right of retention only in respect of counter-claims that are undisputed or have been declared in a final and non-appealable court ruling. A right of retention shall be permissible only in relation to claims arising from the respective contractual relationship concerned.
4. Terms of Delivery
4.1 We deliver by shipment only. Unless otherwise agreed, delivery is made ex warehouse to your private address or to the delivery address you have provided. It is not possible for you to collect the goods yourself. We do not deliver to packing stations.
4.2 Imports of products into countries outside of Hong Kong may be subject to import duties, which you have to pay. These vary from one customs territory to another. You shall be responsible for due payment of any customs levies and duties that are necessary.
5. Prices; Payment Terms; Default in Payment
5.1 The prices stated in the online shop are final prices inclusive of value-added tax. Shipping charges must be added to the product prices quoted. Further information on shipping charges is provided via correspondence via email.
5.2 In the online shop, the following payment methods are generally available:
If you choose the payment method "instant transfer", you will be redirected at the end of the ordering process to the website of the online provider Sofort GmbH (Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany). To be able to pay the invoiced amount via instant transfer, you need to have an online bank account that uses PIN/TAN procedure and has been cleared for participation in Sofort GmbH’s payment system. You will also need to prove your authorisation and confirm your payment instructions before the remittance is made to us. The payment transaction will be carried out by Sofort GmbH immediately upon completion of the ordering process. Your bank account will then be debited. No additional charge is made for payment by instant transfer. Further information on payment by instant transfer can be obtained at: https://www.klarna.com/sofort/.
5.3 If you are a consumer (see subsection 1.3 above) and you default on payment, we shall be entitled to charge you default interest at a rate of 5% p.a. above the respective base interest rate announced by the European Central Bank. If you are a business owner (see subsection 1.4 above) and you default on payment, we shall be entitled to charge you default interest at a rate of 9% p.a. above the respective base interest rate announced by the European Central Bank. In addition, we may charge a flat rate of € 2.50 per reminder, except in the case of the first reminder. If we prove that we have sustained higher default-related losses, we shall be entitled to claim such higher losses.
6. Retention of Title
The product shall remain our property until the purchase price has been paid in full.
7. Transport Damage; Duty to Inspect
If you are a consumer (see subsection 1.3 above) and if products that have obviously been damaged in transit are delivered to you, you must immediately lodge a complaint about the damage with the supplier and contact us without delay. If you are deemed to be a consumer (see subsection 1.3 above), failure to lodge a complaint or to contact us shall in no way affect your statutory rights or enforcement thereof, in particular your warranty rights.
8.1 Unless expressly agreed otherwise, your warranty rights shall be governed by the statutory provisions of the law on sales (Sections 433 et seqq. BGB [Hong Kong Civil Code]).
8.2 If you are a consumer (see subsection 1.3 above), the limitation period for warranty claims in the case of used items shall – by derogation from the statutory provisions – be one year. This limitation shall not apply to claims based on any loss arising from mortal injury, physical harm or health damage, or from a breach of a material contractual duty where fulfilment is a prerequisite for the proper implementation of the contract, and where compliance may normally be expected by the contractual partner (cardinal duty). Nor shall it apply to claims based on any other loss due to an intentional or grossly negligent breach of duty on the part of the user or its authorised agents. In all other respects, the warranty shall be governed by statutory provisions.
8.3. For business owners (see subsection 1.4 above), the statutory provisions shall apply with the following modifications:
With all due care, you must immediately inspect the product for any deviations in quality or quantity and report obvious defects to us within 7 days of receipt of the product. To meet the time limit it shall suffice to send off the report in a timely fashion. This shall also apply to hidden defects subsequently discovered, from the time when these are discovered. If the duty to inspect the goods and lodge a complaint is breached, there shall be no right to assert warranty claims.
In the event of defects, we shall honour our warranty by making repairs or by supplying a replacement, at our own option (supplementary performance). If we make repairs, we shall not be obliged to bear the higher costs that are incurred as a result of the product having been taken to a place other than the place of performance, unless this has occurred in keeping with the intended use of the product.
If supplementary performance fails twice, you may demand a reduction in the price or rescind the contract, at your own option.
The warranty period is one year from delivery of the product.
9.1 We shall not be liable in accordance with statutory provisions for losses sustained by you, insofar as such losses have been caused deliberately or by gross negligence, result from the non-existence of a guaranteed feature of the goods or service, are based on a culpable breach of cardinal duty (see subsection 9.2 above), are the consequence of culpable health damage, physical harm or mortal injury, or insofar as provision for liability is made under the [Product Liability Act]. However, in the event of a merely negligent breach of cardinal duty (see subsection 9.2 above) our liability shall be limited to those losses that are foreseeable and are typically to be expected during the rendering of the agreed services. This limitation shall not apply insofar as losses are a consequence of health damage, physical harm or mortal injury.
9.2 Cardinal duties are material contractual duties, performance of which is a prerequisite for due implementation of the contract in the first place and may always be relied upon by the contractual partner, and which conversely may jeopardise attainment of the contractual purpose if breached.
9.3 Other than this, any liability on our part – for whatsoever legal cause – shall be excluded.
10. No Granting of Rights of Use
By purchasing the product, you merely acquire in rem ownership of the product. No rights of use of any kind whatsoever shall be granted in respect of the product. Unless allowed by law, it shall not be permissible to reproduce (copy), distribute, rent out, make publicly accessible or otherwise exploit the acquired product in analogue or digital form. However, you shall be permitted to on-sell the product you have purchased.
11. Right of Withdrawal
If you conclude the purchase contract as a consumer (see subsection 1.3 above), you shall have a statutory right of withdrawal which shall be subject to the "Instructions on Withdrawal" reproduced in the Annex "Instructions on Withdrawal and Model Withdrawal Form". RMD Gallery points out that the right of withdrawal does not apply to works with a design freely chosen by the customer, since works thus produced are made individually to the customer’s specifications. For customised products, a right of withdrawal is hereby excluded in accordance with Section 312 g (2), no. 1 BGB.
If you withdraw from your contract, RMD Gallery 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 RMD Gallery), without undue delay and in any event not later than 14 days from the day on which we are been informed about your decision to withdraw from your 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 they have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 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 14 days has expired. You will have to bear the direct cost of returning the goods. 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.
12. Data Protection
13. Final Provisions
13.1 If one or more provisions of these T&C are or become ineffective, this shall be without prejudice to the validity of the remaining provisions.
13.2 The contractual relationship with you shall be governed exclusively by the laws of the Government of Hong Kong, excluding UN sales law (CISG). If you have concluded the contract as a consumer (see subsection 1.3 above), the mandatory consumer protection regulations in force in your country of residence shall apply in addition, insofar as these afford you greater protection.
13.3 If you are a trader, a legal entity under public law or a special fund under public law, Berlin shall be exclusive place of jurisdiction for all claims ensuing from the contractual relationship.