Terms and Conditions

 

Welcome to BellaCities.com! Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully.

We are a Online Shop and sell all products in small quantities only. Our Artworks are high quality, but can change or fade through some environmental influences; their appearance and colour can change and fade. If possible, don´t expose the photographs to direct sunlight and don´t install them directly via heaters. Even in baths or kitchens the images could change due to high humidity or vapors. Laminations acrylic glass and wooden frames are delicate.

1. Scope of application.

For the business relationship between Jorge Alia, acting under the brand BELLA CITIES (in the following ‘BELLA CITIES’), and the buyer. BELLA CITIES shall exclusively apply the following general terms and conditions in their version valid at the time of the order. Any deviating terms and conditions of the Purchaser shall not be recognized by Bella Cities unless Bella Cities has expressly agreed to its validity in writing.

2. Conclusion of the Contract.

The display of products in the online shop does not constitute a legally binding offer; it is a non-binding online catalogue only. The products selected by you via the button “in the shopping cart” will be summarized again on the “Your Order” page before the order process is completed. By clicking on the button “Submit Order” you declare authentically to Bella cities to purchase the products listed there (offer). We automatically accept your offer with the receipt of your order with us. Immediately after the order has been sent, you will receive an order and contract confirmation by e-mail, in which the details of your order are listed again.

The text of your order is saved by us and upon request can be sent to you upon request after your order has been completed. BELLA CITIES recommends that you print out the order details and the terms and conditions that apply at the time of ordering. German, English and Spanish are available as a contract language.

3. Cancellation

Please note that sales are final for any works with a “Custom Finish” selected by you, as these pieces are produced to your individual specifications. Custom products are excluded from the right to cancel according to Section 312, Paragraph 2, No. 1 of the German civil code.

You have the following right of cancellation for all online orders of prefabricated works (in the presentation specified by BELLA CITIES):

 

Right of cancellation

You have the right to revoke this agreement within fourteen (14) days without giving reasons.

The cancellation policy lasts fourteen (14) days from the day on which you – or a third party named by you who is not the shipping service – take the goods into possession.

To exercise your right to cancel, you must inform us BELLA CITIES (Jorge Alia, Kazmairstr. 21, 80339, Munich, Deutschland, e-mail: (info(at)bellacities.com) of your decision to revoke in a clear, written statement (by letter, or e-mail, for instance).

 

Cancellation Terms and Process

Should you cancel the sale contract, we are to refund all payments received from you, including shipping costs (with the exception of additional costs from selecting a different type of delivery than the standard, cost-effective shipping we offer) promptly – at the latest, within 14 days of our receipt of the statement indicating your cancellation. Refunds will be credited back to the original payment method, unless otherwise expressly agreed upon. We can withhold the refund until such time as we have received the returned goods or until you have provided proof of their return shipment, whichever comes first. You are to promptly send the goods back; at the very latest, this must be done within 14 days of the days you inform us of the cancellation. This deadline is met as long as the return shipment of goods is sent out within the allotted period.

We bear the costs of returning goods from Germany.

You bear the costs of returning goods from all other countries. Typically, goods cannot be returned by normal post. You must to use a parcel service.

You are only responsible for decreases in the value of goods if, after inspecting their condition, properties, and functionality, the decrease in value can be traced back to your improper handling of the goods.

4. Delivery

Unless agreed otherwise, delivery will be ex warehouse to your address or to the delivery address specified by you. The delivery time is approx. 10 working days.

5. Prices, due date and payment, default.

The prices quoted in the online shop are the total price including VAT. Shipping costs are included in the price (only Germany). Please contact us to request a shipping quote for others countries.

Payment of the purchase price is by credit card. You can pay via PayPal or credit card (Visa, Mastercard, American Express).

Should the account of the orderer lack sufficient coverage, or the orderer countermand the bank debit without just reason, BELLA CITIES shall have the right to demand an administration fee of €5.00 from the orderer.

If you are in default, BELLA CITIES reserves the right to charge consumers default interest at 5 percentage points above the respective base rate per annum published by the European Central Bank and to charge companies 9 percentage points above the respective base rate per annum published by the European Central Bank. In addition, BELLA CITIES can charge a flat rate of €2.50 per reminder, except for the initial reminder. Where greater costs are demonstrably incurred as a result of these payment arrears, BELLA CITIES reserves the right to assert claims in respect of these.

In the above cases you are entitled to prove that no costs were in fact incurred by BELLA CITIES or that these costs were less than the flat-rate fees stated above.

 

6. Shipping costs.

Bella Cities does not charge shipping costs for deliveries inside Germany. Please contact us for shipping costs outside of Germany.

 

7. Offsetting, retention.

You only have the right to offset if your counterclaims are legally upheld or are acknowledged by BELLA CITIES. You also have the right to offset if you complain of defects or assert counterclaims under the same purchase contract. In addition, you are only authorised to exercise the right of retention to the extent that your counterclaim is based on the same contractual relationship.

 

8. Retention of title.

The delivered goods shall remain the property of BELLA CITIES, until full and final payment.

 

9. Liability.

The liability of BELLA CITIES shall be limited to compensation for foreseeable loss or damage typical for the contract caused due to slightly negligent breaches of material duties by BELLA CITIES or one of its legal representatives. Material duties are duties whose fulfilment is a prerequisite for proper implementation of the contract and whose observance the orderer may rely on.

The above provisions shall apply accordingly to the liability of BELLA CITIES in respect of reimbursing futile costs.

Liability under the Product Liability Act shall remain unaffected.

 

10. Warranty.

The statutory warranty rights shall apply, unless otherwise expressly agreed.

The statutory warranty period of two years shall apply. This shall starts with the delivery of the goods. During this time, all defects subject to statutory warranty obligations shall be fixed free of charge.

If you are a company according to Section 14 of the German Civil Code, your claims due to defects require you to have fulfilled your statutory duties of inspection and complaint (sections 377, 381 of the German Commercial Code). If a defect is discovered during the inspection or subsequently, we must be advised of this immediately. Immediate in this case is if you advise us within two weeks, with the timely sending of the notification being sufficient for meeting the deadline. Irrespective of this duty of inspection and complaint, you must report obvious defects (including incorrect or short deliveries) in writing within two weeks of delivery, with the timely sending of the notification being sufficient for meeting the deadline. If you fail to perform a proper inspect and/or notify us of the defect, our liability for the unreported defect is excluded.

 

11. No granting of rights.

By purchasing a photographic print, you are only the material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, you can resell the print.

 

12. Collecting, processing and using personal data.

All regulations for the protection of your data can be found at BELLA CITIES data protection declaration.

 

13. Applicable law.

German law shall apply to the exclusion of the UN Sales Convention.

 

Last update: 28.06.2017