Terms of Sale Daily paintings sales conditions
You visit my blog „A Painting A Day“ at www.gordon.de/blog, where you can also subscribe to the newsletter.
Below you will find everything else explained in detail as follows:
Procedure of the sale against the highest bid Each daily painting has a minimum price of 150 euros (including statutory VAT of currently 7%) and will remain available from the time of publication in the blog www.gordon.de/blog until 6 p.m. the following day. During this time frame, a purchase intent can be sent by email to firstname.lastname@example.org and a bid for the minimum price of 150 euros or higher. It is a sale against the highest bid. In doing so, the buyer is transferred the performance determination in accordance with § 315 I BGB, observing the minimum price. The minimum price is the starting point for declarations of offer from interested parties. The bids are not made public. There is a „hidden bidding“. All bids are collected by 6 p.m. the following day. Every interested party can find out about the current highest bid by email during the bidding period. However, there is no entitlement to the transmission of the current bid amount and to the transmission of the highest bid after the sale has ended. Please understand that I cannot follow up on email responses that cannot be delivered. On your bid / request you will receive an interim notification before 6 p.m. by email. If you are bidding for the first time please enter your billing and delivery address, thank you. Bids are only accepted in full euros. After the bidding deadline, the highest bidder receives a short email confirmation of the knockdown, the time of receipt of the bid email with the final highest bid applies, and the detailed reservation confirmation also follows by email. If the same bid is placed by several prospective buyers, the first bid received by email in this group will be awarded if it is the highest bid at the end of the bidding period. Bids under 150 euros can be submitted, but are not entitled to a response, acceptance or knockdown. Nevertheless, they are legally binding. I reserve the right not to answer bids received after the bidding period has expired.
Paintings in posts without sales text and without the bidding button „Angebot abgeben“ ( meaning „place bid“ ) are not available.
Conclusion A contract is automatically concluded with the highest bidder when the reservation confirmation is sent. The highest bid awarded is a final price* to which the shipping costs * will be added. To confirm your reservation, I need your billing and delivery address. For technical reasons it is not possible for me to add further addresses. Please notify me of changes immediately, for shipments that cannot be delivered due to an incorrect delivery address, I accept no liability. Please read the reservation confirmation carefully; There you will find the statutory information on the right of withdrawal, which is already available online here.
Payment arrangements and invoicing The purchase price plus shipping costs must be paid before the painting is delivered (prepayment). Payment of the purchase price plus shipping costs must be made no later than two weeks after receipt of the confirmation. If the painting is sold to private individuals, invoicing is not required by law, upon request I would be happy to send you an invoice as a PDF by email upon delivery of your painting. The reservation confirmation serves as a preliminary document. An advance invoice can be issued on request. Tax bills for purchasing companies are issued upon dispatch.
I, Edward B. Gordon as the seller of this painting, am entitled and can use the possibility to withdraw from the sale and otherwise sell the named painting, should the buyer fall into arrears with payment, this delay occurs due to the failure to meet the stated payment deadline, on. The painting remains reserved for you during the payment period, the duration of the reservation is specified in the confirmation as a date. In the event of a delay in payment (see above), the reservation expires after this period and the highest bidder has no further right to the painting, I am not obliged to remind you of the payment.
Shipping only – The daily paintings cannot be picked up. In principle, I cannot influence the postal delivery times of the shipments. Please allow up to six weeks before the painting can be sent, as each is posted on the blog the day I paint it and has to dry out before I can send it.
You will be informed of an approximate shipping date in the reservation confirmation. The daily paintings are sent out once a week.
Shipment tracking: DHL will send you a shipment info as soon as the shipment has been recorded. Please note: Forwarding of personal data to shipping service providers – DHL
If the painting is delivered by the transport service provider DHL (Deutsche Post AG, Charles-de-Gaulle-Strasse 20, 53113 Bonn), we will give your email address before the painting is delivered for the purpose of coordinating a delivery date or Forward delivery notification to DHL, if you do not want this, please let me know, then I will deliver for the purpose of delivery according to Art. 6 Para. b GDPR only forward the name of the recipient and the delivery address to DHL. The data will only be passed on if this is necessary for the delivery of goods. In this case, a prior coordination of the delivery date with DHL or the delivery announcement is not possible. The consent can be withdrawn at any time with future effect to the person named here (Edward B. Gordon) or to the transport service provider DHL.
National as DHL package: 5.90 euros
International as DHL Paket International ** – The shipping costs are based on the respective destination.
The shipping costs are stated in the reservation confirmation.
* National DHL Paket: Class II valuables, to which my paintings belong as works of art, are only permitted with DHL as a DHL Paket NATIONAL up to a value of EUR 500. If a shipment with a higher value content is lost, there will be no reimbursement, not even the 500 euros. As standard, I send ALL daily paintings with a delivery address in Germany as a DHL parcel and so far no parcel has been lost, however I would like to inform you of these conditions as a precaution. In the event of loss, I am not liable for the invoice amount or the replacement of an image whose value is over 500 euros net. For pictures with a lower value, in the event of loss, I will refund the amount reimbursed by DHL to me if the buyer is not involved in the loss.
Different delivery address: I would be happy to send you your painting to a different delivery address. DHL will send you a shipment info as well as when shipping to your own delivery address. In the event of delays, please contact the recipient directly. I cannot carry out any further research here and assume no liability, see above.
Undeliverable returned items: Please understand that I should not be able to investigate your painting due to incorrect address details or non-collection. See also „Conclusion of contract / reservation confirmation“.
* * International shipping as DHL parcel internationally with increased liability adjusted to the hammer price. In the event of a loss, I will refund the amount reimbursed to me by the DHL if the buyer is not involved in the loss.
Customs and other fees may apply on import and are country specific. Please inform yourself in advance at your responsible authorities. It is not possible to seal the consignments. No country-specific fees can be deducted from the highest bid price. The postage (shipping costs) to be paid by the buyer in the confirmation does not include any import fees. I cannot influence the fees charged by the local authorities and I do not receive any shares from them.
For technical reasons, I cannot send paintings worth more than 1000 Euros to so-called third countries = non-EU countries. A delivery to a German address is possible, see above. The organization of the shipping of such a painting to the non-EU country can be handled by the buyer of the painting in consultation with my office.
Sales into non EU countries The awarded maximum bid price plus shipping costs stated in the reservation confirmation applies as the invoice amount without deductions. The amount is a fixed price. I am not legally obliged to a free VAT refund for a delivery to a German address and later proven export to a non-EU country. I ask for your understanding that such an extensive processing is not possible for my studio. Import fees, export fees, customs duties and other country-specific costs cannot be deducted from the invoice amount either. Please also note the information on shipping costs.
Colours With the painting you get a unique original. I endeavor to photograph the images satisfactorily according to my criteria for online presentation. However, the display of the colors can vary greatly due to the many different monitor calibrations and is always only a clue to the original.
Rights of use and resale As a precaution, I would like to point out that all copyrights and rights of use remain with me. With the purchase of the original you do not acquire the copyrights and usage rights, if you want to use or exploit a motif, please get my consent in advance. If the original painting is resold, please note the resale right regulation in paragraph 26 UrhG. If you decide to pass on your painting, I would be grateful if you would give me the contact details of the new collector for my documentation.