Terms and Conditions

Please note the following:

Photographs and works of art are sensitive to the environment: their color and expressiveness can change and fade. So that you can enjoy our works of art for a long time to come, you must not expose all or part of the photographs, laminates and frames to ultraviolet rays, nor hang them directly over heaters or convectors, nor subject them to humidity higher than that of normal living rooms. Photographs, laminates and frames are therefore not suitable for outdoor spaces, cellars, damp rooms and kitchens. Laminates with UV protection film or acrylic glass and wooden frames are highly sensitive to scratches and stains, and should therefore only be handled with gloves or similar protection.

Contractual partner and user of these T&Cs :

STARCK GALLERY SL
C/ Marti i Soler, 5
Elche Parque Empresarial
ELCHE 03203
SPAIN
E-Mail : info@starck-gallery.com

§ 1 Scope of application

With respect to the business relationship between STARCK GALLERY SL, Berlin, acting under the trademark STARCK GALLERY (hereinafter referred to as STARCK GALLERY), and the customer, the following General Terms and Conditions of Sale shall apply exclusively in the version in force at the time of the order. STARCK GALLERY does not recognise any conditions deviating from the customer's, unless STARCK GALLERY has expressly recognised their validity in writing.

§ 2 Conclusion of contract

The products shown in the online store do not represent a legally binding offer, but a non-binding online catalog. A summary of the products you have selected after clicking on the "Add to basket" button is displayed in an overview at the end of the ordering process. Here you can check all the data entered during the ordering process and add or correct them using the "Modify" button. By clicking on the "Buy now" button, your order data is sent and you commit yourself to STARCK GALLERY to purchase the products listed here (offer). We accept your order automatically as soon as we receive it. You will receive an order and contract confirmation by e-mail directly after the order has been sent, containing the details of your order.

The text of your order is saved by us and can be sent to you on request at the end of the transaction. For your security, STARCK GALLERY recommends that you print out the order details and the General Terms and Conditions in force at the time of ordering. L'

Spanish is the contractual language.

Please note that we sell all products only in quantities normally found in a household.

§ 3 Withdrawal

Please note that the right of withdrawal does not apply to works with a special presentation ("select individual presentation") or to pure photo prints, as these have been custom-made according to your specifications. This is because, according to current legislation (§ 312 g Paragraph 2 No. 1 BGB), the right of withdrawal is excluded for individually manufactured products.

Please note: no right of withdrawal applies to digital works (NFT). The consumer hereby expressly accepts that LUMAS may commence performance of the contract prior to expiry of the withdrawal period and, consequently, that commencement of performance shall terminate the consumer's right of withdrawal.

You have the following right of withdrawal for all online orders of prefabricated products (in the presentation predetermined by LUMAS):

Legal right of withdrawal and standard withdrawal form :

Information on withdrawal

Right of withdrawal

You have the right to terminate this contract within 30 days, without giving any reason.

The withdrawal period is set at 15 days from the date of purchase on which you or a third party appointed by you, who is not the carrier, has/have had the last item in his/her/their possession, in the event that you have ordered several items in a single order and the items have been delivered separately.

In order to exercise your right of return, you must, in order to cancel this contract, explicitly inform us in writing of your decision (by means of a letter, or an e-mail) by addressing it to:STARCK GALLERY SL - C/ Marti i Soler, 5 - Elche Parque Empresarial- ELCHE 03203 - Spain
info@starck-gallery.com .

In order to preserve the withdrawal period, it is sufficient to send notification of the exercise of the right of withdrawal before expiry of the withdrawal period of 15 days from the date of purchase.

Consequences of the right of return

If you cancel a sales contract, we must reimburse you for any payments you have made to us, including delivery costs (with the exception of additional costs resulting from a delivery method other than the standard, less expensive one offered by us) and no later than 15 days from the date of receipt of your return package. To make the refund, we will use the same means of payment that you used for the original transaction, unless another means of payment has been expressly agreed with you. You must immediately return the goods to us in their original packaging, and in any event no later than 8 days from the date on which you informed us of the termination of this contract. This deadline is deemed to have been met if you ship the goods before the 8-day period has expired. In the event of an order being placed, you are responsible for the costs incurred in returning the goods.

§ 4 Delivery

Unless otherwise agreed, delivery is ex-warehouse to your address or to the address you have given us. Unless otherwise agreed in writing, our delivery times are purely indicative.

§ 5 Publishing certificate with signature

For organizational reasons, STARCK GALLERY may send the edition certificate with the artist's signature and the details of the edition separately to the purchaser, even at a later date. In this case, the withdrawal period does not begin until the signed edition certificate has been received. Should you exercise your right of withdrawal, it is imperative that you return the unused edition certificate immediately. No refund of the purchase price will be made if the certificate is not returned. The right of withdrawal lapses once the edition certificate has been used for the artwork, frame, mount or any other part.

§6 Rates, due date and payment, late payment

The prices shown in the online store are final and include value-added tax. Shipping costs are not included in the order price and are therefore extra. Please refer to paragraph 7 of these General Terms and Conditions for information on shipping costs.

Payment of the purchase price is made by credit card. Please note that direct debit is not accepted (Carte Bleue, Visa, Mastercard, American Express).

§ 7 Shipping costs

SHIPPING COSTS ARE AS FOLLOWS

These include secure art packaging and merchandise insurance:

Please select the desired country when ordering online. The corresponding costs will then be displayed.

In the case of multiple orders, only a flat rate for the largest image will be applied. Books are sent free of charge. If, for logistical reasons, STARCK GALLERY needs to time the delivery, no additional costs will be charged.

§ 8 Clearing and holding rights

You may only assert a right of set-off if your counterclaims have been declared enforceable or have been acknowledged by STARCK GALLERY. You are also entitled to compensation if your claims or counterclaims relate to the same purchase contract. Furthermore, you are only entitled to exercise your right of retention if your counterclaim is based on the same contractual relationship.

§ 9 Reservation of title

The delivered goods remain the property of STARCK GALLERY until full and final payment.

§ 10 Liability

STRACK GALLERY is liable for any damage caused by the use of this product.

(a) resulting from injury to life, body or health through an intentional or negligent breach of duty or through tortious or negligent conduct on the part of STARCK GALLERY or its legal representative or agent.

(b) resulting from an intentional or grossly negligent breach of duty or from tortious or negligent conduct on the part of the supplier or its legal representative or agent.

STARCK GALLERY's liability is limited to compensation for foreseeable, typically contractual damages based on the slightly negligent breach of major obligations by STARCK GALLERY, its legal representative or its agent. Major contractual obligations are those obligations the fulfilment of which is indispensable for the proper performance of the contract, and on the fulfilment of which the customer may rely in particular.

The foregoing provisions shall also apply mutatis mutandis to STARCK GALLERY's liability for reimbursement of expenses incurred.

Liability under the Product Liability Act remains unaffected.

§ 11 Warranty

Unless otherwise expressly agreed, legal warranties apply.

The statutory warranty period of two years applies. It begins on handover of the goods. During this period, all defects subject to the legal warranty obligation will be repaired free of charge.

If you are an entrepreneur, in order to exercise your rights in the event of a defect in the goods, you are deemed to have fulfilled your inspection and complaint obligations in accordance with Sections 377 and 381 of the German Civil Code. If a defect becomes apparent during or after the examination of the goods, you must notify us immediately in writing. The complaint is considered immediate if it is submitted within two weeks; this period is considered observed if the letter of complaint is sent before its expiry. Irrespective of this obligation to check and complain, you must notify us of any apparent defects (including non-conforming or incomplete goods) in writing within two weeks of delivery, this period being deemed to have been observed if the letter of complaint is sent before its expiry. If you fail to check the condition of the goods and to notify us of any defects within this period, we shall not be liable for any defects not notified.

§ 12 No transfer of rights

With the purchase of a photographic reprint, you acquire ownership of the reprint only. No other rights of use are granted. Reproduction (copying), distribution, rental, making available to the public or any other analog or digital use is prohibited unless authorized by law. You may, however, resell the reprint.

§ 13 Collection, processing and use of personal data

All the regulations concerning the protection of your data can be found under Lumas' Privacy Policy.

§ 14 Applicable law

These General Terms and Conditions of Sale are governed by German law to the exclusion of the international commercial law of the United Nations.

Exchange and return form

Issue: 01/05/2025