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1. Scope
The following Terms and Conditions (T&C) are intended to regulate the business relationship between you and us in a binding and fair manner. By placing an order with us, you confirm and accept these Terms and Conditions. They govern the sale and delivery of all products ordered via our website. The purchase contract is concluded with the operator of this website:
The Now Now GbR
Eduard-Schmid-Strasse 23
81541 Munich
info@nownow.gallery
2. Conclusion of Contract
The presentation of products in the online shop is not a legally binding offer, but a non-binding invitation to order these products. Errors in product descriptions, characteristics, and prices are reserved. There is no legal claim to the availability and deliverability of the displayed products.
By clicking the “Buy Now” button in the shopping cart, you place a binding order and confirm that you are authorized to make the order. We will acknowledge receipt of the order by email, where all details of the order are listed. Please check the order confirmation for accuracy and inform us immediately if something is incorrect.
The transfer of ownership only occurs after full payment of the purchase price and all claims associated with the purchase. You are entitled to dispose of the goods only after the transfer of ownership. A binding contract only comes into effect with the shipment of the goods.
3. Cancellation Policy
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of cancellation, you must inform us, The Now Now GbR, Eduard-Schmid-Strasse 23, 81669 Munich, Email: info@nownow.gallery, by means of a clear declaration (e.g., a letter sent by post or email) of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Cancellation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may withhold the refund until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return the goods promptly and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods.
The address for returns is:
CLX Europe, Barmbeker Str. 8, 22303 Hamburg, DE
You only need to pay for any diminished value of the goods if this value loss is due to handling not necessary for checking the nature, characteristics, and functioning of the goods.
Cost Agreement for Exercising the Right of Withdrawal
We take advantage of the option to charge you the regular costs of returning the goods if the delivered goods correspond to what was ordered.
4. Delivery and Shipping Costs
Delivery of goods occurs within seven working days after receipt of the invoice amount at The Now Now (in case of prepayment) or after completion of the Paypal, Apple Pay, Google Pay, or Shopify Pay payment process, or after your credit card has been charged. We are not liable for delays that are not within the responsibility of The Now Now. Delivery times vary depending on availability and are indicated on the product page. Since our artworks are not mass-produced, please understand if there are any delays in delivery.
Shipping costs are calculated based on the delivery location and the extent of the order. Specific costs for Germany and various other countries are detailed on our website.
For international deliveries outside the European Union, additional customs and import duties may apply, for which we are not responsible. Customs regulations in the recipient countries are not standardized. If you need more precise information, please contact the customs office responsible for your region. Please note that when importing goods, you must comply with the respective national regulations.
Import requirements for Switzerland and Liechtenstein:
Please note that for deliveries to Switzerland and Liechtenstein, charges (e.g., customs duties, VAT) may apply. Questions about the scope of duties or details of the import process can be answered by the Swiss Customs Administration.
5. Payment Conditions, Prices, and Reservation of Ownership
The prices stated in our online shop are final prices including VAT. Shipping costs are not included in the price of the order and are added to it.
The delivered goods remain our property until full payment is made. In the case of a payment delay, we reserve the right to charge interest on arrears.
6. Warranty and Liability
The buyer is obliged to notify The Now Now immediately upon receipt of the goods of any defects in writing. Otherwise, the assertion of warranty claims is excluded.
The legal warranty rights apply to defects in the goods. In the event of a defect, you have the right to rectification or replacement. For example, if the frame glass is broken, we will send you a replacement. If the rectification fails or the replacement delivery is also defective, you can withdraw from the purchase or demand a reduction in the purchase price. In this case, the buyer must first send the goods back to The Now Now at their own expense. If the defectiveness of the goods is confirmed, The Now Now will reimburse the buyer for the cost of returning the goods.
The Now Now is liable according to statutory provisions if the buyer asserts claims for damages based on intent and gross negligence, including intent and gross negligence of representatives or vicarious agents of The Now Now. As far as The Now Now is not accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
7. Copyright and Usage
The artworks offered on The Now Now are protected by copyright. Any copying, editing, or publishing of the works without our consent is prohibited and will be legally pursued.
The use of the works for purposes other than purchasing through our website is strictly prohibited. This also applies to copying using robots, crawlers, or other automatic mechanisms. Any inappropriate use or exploitation or modification of the services is not allowed. In particular, copying or reading out content, offers, directories, databases, etc., for commercial purposes is prohibited and will be prosecuted under the existing legal possibilities.
8. Jurisdiction
The jurisdiction for The Now Now is Munich. This also applies to the dunning procedure. If the private end consumer does not reside in the European Union, our business location is the jurisdiction. In transactions with end consumers within the European Union, the law of the end consumer’s place of residence may also be applicable, insofar as it involves mandatory consumer law provisions.
Information on online dispute resolution according to Art. 14 Abs. 1 ODR-Regulation and §§ 36 f. VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are not prepared to do so.
9. Contract Language
The language available for concluding the contract is German.
10. Collection, Processing, and Use of Personal Data
All regulations for the protection of your data can be found under data protection.
11. Cost Agreement for Exercising the Right of Withdrawal
We take advantage of the option to charge you the regular costs of returning the goods if the delivered goods correspond to what was ordered.
Final Provisions
There are no side agreements to these T&C. Changes and additions to these T&C require written form. This also applies to the regulation concerning the requirement of written form. The law of the Federal Republic of Germany applies. UN sales law (CISG) does not apply. Should a provision of these T&C be or become invalid, the remaining provisions shall remain valid. In place of the invalid provision, what the parties would have agreed upon knowing the invalidity of the individual T&C clause to achieve the economic success of this clause shall apply. The same applies in the event of gaps in the regulation.
The Now Now assumes no responsibility or liability concerning websites and their content that are referred to by link from this website.
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