Purpose of Business
The firm “BLACK IRIS Contemporary Photography GmbH” (hereinafter: “BLACK IRIS”) operates the website www.blackiris.de. Via this website, they sell contemporary photography. For sales agreements, which take place with BLACK IRIS, the following terms and conditions apply.
(1) The photographs advertised on the website of BLACK IRIS are themselves not offers of sale. These are non-binding invitations to interested parties, an offer of sale made by BLACK IRIS to purchase a specific photograph.
(2) Through a purchase offer on the part of a prospective customer, the interested party declares that he has read the terms and conditions of BLACK IRIS and agrees to them. He also acknowledges that he agrees that BLACK IRIS will store the personal data of the interested party in order to fulfill the contract.
(3) A binding purchase contract is only concluded when the prospective buyer accepts the offer of sale from BLACK IRIS. An obligation on the part of BLACK IRIS to accept the offer does not exist. The interested party should save the acceptance of the purchase agreement received from BLACK IRIS, in order to ensure the smooth execution of the contract.
(4) An interested party is free to revoke the offer issued by him, as long as this has not yet been accepted by BLACK IRIS. An offer shall hereinafter be deemed accepted if the BLACK IRIS – by whatever means – has provided a notification of acceptance. In cases of revocation of the offer of purchase from the interested party, the burden of proof to show that BLACK IRIS did not accept the offer always lies with the interested party.
(5) Only persons who have reached the age of 18 are eligible to submit purchase offers to BLACK IRIS.
(1) With an offer of purchase, the interested party must provide their personal data for the settlement of the purchase contract with a purchase offer. Thereafter, BLACK IRIS establishes an account for the customer. BLACK IRIS assures that it treats the personal data of the interested party as confidential and only uses it to process the contract with third parties, such as the transportation company.
(2) The interested party assures BLACK IRIS that all specified data is correct and complete. If damage arises to BLACK IRIS, as a result of inaccurate or incomplete customer data as provided by the client, the respective party shall be responsible for compensating BLACK IRIS for the resulting damage.
(3) The interested party further assures BLACK IRIS that they alone will access the account that they have set up. They agree to take all safety precautions appropriate to prevent unauthorized persons from gaining access to the user account. Should the interested party breach the aforementioned duty, he will compensate BLACK IRIS for damages arising from the unauthorized use of the contract account.
(4) If there is suspicion that abuse is taking place with a user account, BLACK IRIS has the right to terminate the account or issue new login information to the interested party at any time.
BLACK IRIS is sole owner of the internet domain www.blackiris.de. The sole owner of the contents of the website is BLACK IRIS and its licensors. The content of the website is protected by German law. It is prohibited to use the contents of the website without prior written consent of IRIS BLACK.
Rates and Fees
(1) The stated prices on the BLACK IRIS website include VAT. However, BLACK IRIS is only bound to the relevant price quoted when the offer of an interested party has been accepted.
(2) Fees that are the result of shipping goods or a payment option desired by the prospective party are not included in the prices displayed on the website.
(3) BLACK IRIS reserves the right to correct any typographical errors on the website, especially if they are associated with price information. Also, in this respect, the information on the website shall not be binding before the acceptance of a purchase contract with the interested party.
Methods of Payment
(1) BLACK IRIS offers the following options for payment:
– Payment by PayPal
– Payment by direct debit
– Payment by invoice
– Payment with credit card
Retention of Title
All goods remain the property of BLACK IRIS until full payment is received. Full purchase price payment is thereafter completed when the respective purchase price has been credited to the business account of BLACK IRIS.
(1) When making the offer of purchase, the interested party has the option that the photo will be provided with a frame or not. By exercising this option, the interested party expressly acknowledges that the product is a commodity that i.S.d. § 312g para. 2 sentence 1 no. 1 BGB is not prefabricated and an individual choice and requirement is needed by the interested party for its production.
(2) The interested party also does not have the right of revocation, i.S.d. § 355 BGB, even when it leaves the determination of whether the picture is to be provided with a frame up to BLACK IRIS or the photographer.
(3) Even in cases where the interested party does not have the right of co-determination, i.S.d. Paragraphs 1 and 2, he acknowledges that the photo was produced only at his request, and a commodity in so far as that it is tailored to the personal wishes of the interested party.
(4) In any case, the interested party is only entitled to a right of revocation when this has been explicitly agreed to in writing with BLACK IRIS.
Defects Warranty Law
(1) We love photographs. In order to maintain them in all their beauty, there are a few things to consider:
Environmental influences can change the colors or even fade photographs. It is known that all photographs are dependent on environmental influences, that is, they can change both appearance and color and the photographs can fade. For this unalterable process BLACK IRIS does not assume any warranty coverage.
It is important to avoid hanging the photos over a heating element, whether they are framed or not, and/or to avoid direct sunlight, as this speeds up an unalterable change in the photographs. Rooms with excessive humidity (bathrooms, basement, kitchens, as well as outdoor rooms) are not suitable for hanging photographs. We recommend wearing the cotton gloves delivered with the photographs when hanging them to avoid fingerprints and scratches.
(2) The statutory warranty period is two years and begins upon the receipt of the goods. Should defects occur within these two years, subject to the statutory warranty, they will be repaired at no cost. This does not include damage caused due to improper handling, improper maintenance or storage or due to a natural wear.
(3) Within 48 hour of receiving the goods the buyer has the duty of checking the photo for faults. If the buyer does not make BLACK IRIS aware of any defects within this period, the transfer of risk in faultless form has been accepted.
(4) BLACK IRIS accepts a guarantee for the quality of the goods only if this is expressly agreed in writing.
Delivery, Risk during Transportation
(1) BLACK IRIS delivers the goods to the buyer’s stated delivery address. If the goods cannot be delivered to the designated delivery address, the buyer is responsible for the reimbursement of all expenses incurred by BLACK IRIS as a result of an unsuccessful delivery.
(2) If the goods are not delivered to the buyer within three months after the declaration of acceptance of the purchase offer, the buyer has the right to withdraw from the contract. However, the buyer is not entitled to this right of withdrawal if BLACK IRIS, upon acceptance of the purchase offer, has explicitly expressed to the purchaser that there is currently a long production or delivery time and an estimated delivery date has been given. If the expected delivery date is nevertheless exceeded by more than one month, the purchaser has the right to cancel the contract.
(3) The right of return referred to in paragraph 2, does not apply to the buyer if the delayed delivery is due to force majeure. Force majeure hereinafter also applies to the delayed performance of a subcontractor working with BLACK IRIS at the time of the contract’s closure, in particular, the responsible printing and transportation firms.
Usage and Copyright
(1) The buyer is not permitted to use the photos commercially. This includes, in particular, the use of the photo as part of advertising. However, the buyer has the right to present the picture in a private space. Further use of the photos for commercial purposes is permitted only with the prior permission of the artist. We will gladly coordinate this for you. The buyer is, in any case, forbidden to reproduce the picture.
(2) The rights of the photo always remain with the author.
(3) When the purchaser buys a print from BLACK IRIS, he acquires ownership of the photographic print. However, the buyer acquires no usage rights for the photographic motif, this means: distribution, reproduction and rental are not allowed.
The buyer is, however, allowed to sell the photographic print. The written permission of the artist is required for use as part of a public exhibition, we will gladly clarify this for you.
Edition Certificate with Signature
Each photograph that BLACK IRIS sells receives an edition certificate. This certificate confirms the authenticity and limited edition of the image and provides the work title, artist name, year, edition number and signature of the photographer. Due to organizational reasons, it is possible that the certificate will be sent with a delay, without granting the right of revocation.
Changes to Terms and Conditions
BLACK IRIS reserves the right to change the current terms and conditions at any time.
Liability of BLACK IRIS
(1) BLACK IRIS is liable only for intentional and gross negligence. This limitation of liability does not apply to injury to life, limb or health.
(2) Claims of the buyer against BLACK IRIS from the Product Liability Act are excluded. If a buyer claims that they suffered damages caused by a defect in the photo under the terms of the Product Liability Act, he shall make the assertion of his claims against the printing company.
(3)when the liability of BLACK IRIS is limited, this also applies to the personal liability of employees, representatives and agents.
Applicable Law, Jurisdiction
(1) German law applies to any dispute arising in connection with these terms and conditions or in the initiation or settlement of the purchase contracts.
(2) Jurisdiction in all cases is the district court Berlin-Mitte and the Berlin District Court.
© 2016 BLACK IRIS Contemporary Photography GmbH. All rights reserved.
© for all pictures is of the artists named.
© for all texts is the authors named.
No image, no text, no design of BLACK IRIS Contemporary Photography may be reproduced, copied, distributed, published or used without written permission.