Terms and Conditions
1. Scope
(1) These General Terms of Sale (from now on referred to as GTS) apply to all contracts concluded between us, the
Cultural Management
Morteza Dizaji
Managing Director: Morteza Dizaji
District Court: Amtsgericht Charlottenburg (Berlin)
HRB 205231 B
VAT ID No.: DE 325003218
Phone: +49 160 1000 450
Email: info@modabberi.art
Instagram: @Morteza.Dizaji
You are our customers or cooperation partners. The GTS applies whether you are a consumer, entrepreneur, or merchant.
(2) These terms of sale, our written order confirmation, and our acceptance declaration form the basis of all agreements between you and us regarding the purchase contract.
(3) The version of the GTS valid at the time of the contract’s conclusion is decisive.
(4) Deviating terms of the customer requires explicit inclusion in the purchase contract to be legally effective. This also applies if we do not expressly object to the inclusion.
2. Conclusion of Contract
(1) The presentation and promotion of artworks do not constitute a binding offer to conclude a purchase contract.
(2) you submit a legally binding order by placing an order. You are bound to the order for four (4) weeks after placing the order; your right to revoke your order under § 3, if applicable, remains unaffected.
(3) We will promptly confirm receipt of your order. Such confirmation does not constitute a binding acceptance of the order unless it explicitly declares acceptance alongside the confirmation of receipt.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or by delivering the ordered works.
(5) If delivery of the works you ordered is impossible for unforeseen reasons, we will refrain from issuing a declaration of acceptance. In this case, no contract is formed. We will promptly inform you of this and refund any payments received without delay.
3. Right of Withdrawal
(1) If you are a consumer (i.e., a natural person who places the order for purposes that are predominantly outside your commercial or self-employed professional activity), you are entitled to a statutory right of withdrawal.
(2) If you, as a consumer, exercise your right of withdrawal according to clause 1, you will bear the regular costs of returning the goods.
(3) The rules for the right of withdrawal, as outlined in the following
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, have taken possession of the works.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract using a clear statement (e.g., a letter sent by post or email). You can also electronically fill out and submit the model withdrawal form or any other clear statement on our website (dabber. art). If you use this option, we will promptly send you a confirmation of receipt of such a withdrawal (e.g., by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction unless you have expressly agreed otherwise; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the works or provided proof that you have returned the works, whichever is earlier.
You must return the works to us without undue delay and, in any event, no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the works before the period of fourteen days has expired.
You will bear the direct costs of returning the work.
You are only liable for any diminished value of the works if the loss is due to unnecessary handling to ascertain the nature and characteristics of the goods.
- End of withdrawal policy –
(4) The right of withdrawal does not apply to distance contracts:
(a) for the delivery of works made according to customer specifications or tailored to personal needs, or which are unsuitable for return due to their nature, are easily perishable, or whose expiration date has been exceeded;
(b) for the delivery of software if you have unsealed the delivered data carriers.
4. Delivery Conditions and Prepayment Requirement
(1) We are entitled to make partial deliveries, provided this is reasonable for you.
(2) For orders from customers with a residential or business address abroad or where there are justified indications of a payment default risk, we reserve the right to deliver only after receiving the purchase price plus shipping costs (prepayment requirement). If we exercise the prepayment requirement, we will inform you immediately. In this case, the delivery period begins with the purchase price and shipping costs being paid.
5. Prices and Shipping Costs
(1) All price indications are gross, including statutory VAT, and do not include applicable shipping costs.
(2) Shipping costs are indicated in addition to our price indications. The price, including VAT and applicable shipping costs, must be specified in the order according to our offer.
(3) If we fulfill your order through partial deliveries according to § 4 para. 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively withdraw your declaration of the contract according to § 3, you can demand reimbursement of the costs already paid for shipping to you (outbound shipping costs) under the statutory conditions (cf. § 3 para. 3 for other withdrawal consequences).
6. Payment Terms and Set-Off and Retention Rights
(1) The purchase price and shipping costs must be paid two (2) weeks after receipt of our invoice.
(2) You may transfer the purchase price and shipping costs to our specified account, grant us a direct debit authorization, or pay by credit card. In the case of a granted direct debit authorization or credit card payment, we will arrange for your account to be charged no earlier than the time specified in para. 1. A granted direct debit authorization applies until revoked, including for further orders.
(3) You cannot dismiss our claims unless your counterclaims are legally established or undisputed. You are also entitled to dismiss our claims if you assert complaints or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
Advance Payment
If you choose the advance payment method, we will send you our bank details in a separate email and deliver the work after we receive payment.
Cash on Delivery
You pay the purchase price directly to the deliverer. An additional charge of 6 Euros applies.
PayPal Plus
As part of the PayPal Plus payment service, we offer various payment methods, such as PayPal services. You will be redirected to the PayPal website, where you can enter your payment details, confirm PayPal’s use of your data, and authorize the payment to PayPal.
If you choose the PayPal payment method, you must be registered with PayPal to pay the invoice amount, or you must first register and authenticate yourself with your login details. PayPal automatically completes the payment transaction immediately after confirming the payment instruction. You will receive further information during the ordering process.
If you choose the credit card payment method, you must not be registered with PayPal to pay the invoice amount. The payment transaction will be carried out immediately after confirming the payment instructions and your authorization as the rightful cardholder by your credit card company at PayPal’s request, and your card will be charged. You will receive further information during the order process.
If you choose the invoice payment method, you do not need to be registered with PayPal to pay the invoice amount. After a successful address, credit check, and order submission, we assign our claim to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. In addition to our GTS, PayPal’s terms and conditions and privacy policy apply to payment processing. You can find more information about PayPal’s full terms and conditions for invoice purchases here: ?
Installment Purchase
Under certain circumstances, we may offer you the option of installment purchases. This requires a successful address and credit check. The payment processing is subject to separate terms to be agreed upon.
Cash Payment
You pay the invoice amount in cash after fulfilling the contract.
7. Retention of Title
The delivered work remains our property until the purchase price is fully paid.
8. Warranty
(1) We are liable for material or legal defects of delivered works according to the applicable statutory provisions, particularly §§ 434 ff. BGB. The limitation period for statutory warranty claims is two years and begins with the delivery of the goods.
(2) Any seller guarantees provided by us for specific works or guarantees granted by the artist for particular works exist in addition to the claims for material or legal defects within the meaning of para. 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the works.
9. Liability
(1) We are liable to you in all contractual and non-contractual liability cases for damages or reimbursement of futile expenses caused by intent and gross negligence per the statutory provisions.
(2) In other cases, we are only liable for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on which you, as a customer, regularly rely (known as a cardinal obligation). In such cases, liability is limited to the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body, or health, as well as under the Product Liability Act, remains unaffected by the limitations above and exclusions of liability.
10. Copyrights
We hold the copyrights to all images, films, and texts published on our website. Using these images, films, and texts is not permitted without our express consent.
11. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Suppose you placed the order as a consumer and were residing in another country at the time of your order. In that case, the mandatory legal provisions of that country remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller’s registered office in Berlin. Otherwise, the applicable statutory provisions govern local and international jurisdiction.
(3) Dispute resolution: We are willing, but not obligated, to participate in a dispute resolution procedure before a consumer arbitration board.
