General Terms and Conditions

GTC (General Terms and Conditions)

Simon Glimm
Address for Service:

Falstaffweg 12
13593 Berlin

E-Mail: info [at] simonglimm [dot] com


Mr. Simon Glimm is the operator of the website He is an artist and painter
and sells his works of art such as paintings, prints and digital art prints, and other products deriving
from this such as screen savers (hereafter referred to as artwork) via this website.

The following terms and conditions are available to the customer at all times on the internet page
of Mr. Simon Glimm and can be saved as PDF. This information is available in German and English
language. The conclusion of a contract is only possible in German and English language.

§ 1 Scope of validity & Protective Clause

In regard to the legal relation established in this internet shop between the operator of the shop
(hereafter referred to as provider) and his customers, the general terms and conditions as amended
at the time of the order exclusively apply.

All deviating general terms and conditions of the customer will be rejected.

§ 2 Conclusion of Contract

For information regarding essential properties of the artwork offered please see product description
on my website.

The presentation of the artwork in the internet shop is for information purposes only, similar to that
of a catalogue and does not pose a binding offer for conclusion of contract. It is merely an invitation
for you to submit an offer by placing an order.

With the placing of an order in the internet shop, you submit a binding offer aimed at concluding a
contract of sale regarding the artwork placed in the shopping basket. You do this by clicking on the
“Buy” button on check out of the online shop. In sending your order and ticking the box you agree
upon the general terms and conditions regarding the legal relation as significant with me alone.

The receipt of your order will be confirmed by me via e-mail. This order confirmation represents my
acceptance of your offer to enter into a contract.

I only offer my products for sale to all competent natural persons of full legal capacity and not,
amongst others to minors.

Please be advised, that all products can only be sold in small quantities and not industrial
quantities. This applies to the quantity of products in a single order as well as multiple orders of
small quantities for one and the same product.

§ 3 Reservation of title

The product will remain my property until claims arising from the contract with you regarding
payment have been met in full.

 § 4 Delivery

Delivery will be made to the address given by you during the order process. Details regarding
delivery times are non-binding. Delivery time may be altered, if a product is not available.

Unless otherwise agreed, delivery will be at your own cost and risk; with handover of the goods to
the carrier commissioned by me the risk will be transferred to you. Shipping costs are available on
my website along with the prices of the respective goods. On the invoice shipping costs will be
listed separately.

If I find myself, without actual fault, in the predicament not to be able to deliver the ordered
artwork, I am entitled to withdraw from the contract. In this case, I will notify you at once.

§ 5 Payment

Prices listed on my website are end prices including VAT and shipping.
The purchase price becomes due on my acceptance of your order.

To purchase a selected item, you may choose from one of two payment options listed in the online

Payment for the invoiced goods can be made via Pay Pal or advance payment. Payment will be
credited to the account specified during the online order process. For advance payment, details
regarding the relevant account will be forwarded to you by e-mail.

§ 6 Warranty Claims

I give no guarantees for the workmanship of my artwork. In particular, the artwork/product
specifications or description of goods depicted on my website do not have the nature of a

In case of defects the entitlement of the customer is subject to statutory regulations.

§ 7 Support

In case of questions and suggestions or problems arising during the order process please contact me
at info [at] simonglimm [dot] com.

§ 8 Privacy Policy & Type Errors

The conclusion of a contract with me and its execution requires that you enter your personal details
as requested during the order process. Furthermore, the log files information, transmitted by your
browser, will automatically be stored on my server. In addition browser type and –version, your
system software and the host name of the internet service provider used by you (IP address), as well
as the time of the server inquiry. There will be no merging of data with other data sources.

Your data will solely be used by me for the execution of contracts in regard to and compliance with
the German data privacy act. Any further use will require your specific permission.

Your personal data will be protected by me against illegal access as well as illegal use. Personal
information or credit card details, which have been transmitted by you, will be secured by

You have the right to obtain information about your data stored at any time, also regarding the
conclusion of contract. Once the sale has been executed I will delete your data.

To this effect e-mail me at info [at] simonglimm [dot] com. You cannot view your order particulars in detail.

Type errors can be corrected by selecting the option “back” or “cancel”.

§ 9 Copyright

All artwork created by me is protected by copyright according to the German copyright act. The
purchase of the artwork does not permit you to copy or publish it or use it in any other way that
might infringe my copyright, unless it is used as far as legally possible for private use only.

In regard to the functionality of artwork provided free of charge no liability shall be accepted for
damages. This includes damages that might arise from the use of such artwork (even if said damages
are neither known nor probable).

Revocation Instruction

Revocation Instruction

Right of Revocation. You may declare the revocation of your contractual statement in text form
(e.g. letter, e-mail) or if the goods have been received by you before the deadline, by returning
the goods within a period of 14 days. The revocation does not have to contain any grounds. The
deadline shall commence following the receipt of this revocation instruction in text form, but
not before the recipient has received the goods, and also not prior to fulfilment of our duties to
inform pursuant to article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB
(Introductory Act to the German Civil Code), and our duties pursuant to § 312g paragraph 1
clause 1 BGB (German Civil Code) in conjunction with article 246 § 3 EGBGB (Introductory Act to
the German Civil Code). The time limit shall be deemed to be observed by the timely dispatch
of the declaration of revocation or the return of the goods.

The revocation, respectively the return consignment is to be addressed to:

Simon Glimm
Falstaffweg 12
13593 Berlin
E-Mail: info [at] simonglimm [dot] com

Consequences of revocation

In the event of an effective cancellation, all mutually received performances as well as
emoluments taken (e.g. interest), if applicable, are to be reimbursed. If you are unable or
partially unable to return the goods to us or can only return them in a deteriorated condition,
then you must insofar provide compensation for the value of the goods, where applicable. You
must only provide compensation for the value of the goods and any emoluments taken as far as
the deterioration of said goods is the result of their use in a manner that exceeds assessment of
properties and functionality. You must only provide compensation for value for emoluments

taken, as far as you have used the goods in such a manner that exceeds the assessment of
properties and functionality. “Assessment of properties and functionality” describes the
examination and testing of the goods as it is the case in a retail shop.

You can obviate the obligation to reimburse arising from the deterioration of the goods by not
treating them as your property and further avoiding anything, which affects the value thereof.

Things that can be shipped by parcel are to be returned at our risk. You are obliged to bear the
cost of the return shipment, if the goods delivered correspond to the goods ordered, and if the
price of the goods to be sent back does not exceed an amount of forty euros, or if the price of
the goods is higher at the time of revocation and you have not rendered consideration or paid a
contractually agreed instalment. In all other cases, the return shipment is free of charge for
you. Items that cannot be shipped will be collected from your house. All reimbursement
obligations must be fulfilled within 30 days of the declaration of revocation. The time limit
commences for you with the timely dispatch of the declaration of revocation or the return of
the goods and for us upon its receipt.

End of revocation instruction

In case of questions regarding the right of revocation you may contact me at info [at] simonglimm [dot] com,
and I will try to give clarification.

§ 10  Final Provisions

These general terms and conditions and agreements concluded between Simon Glimm and the
customer are subject to the law of the Federal Republic of Germany, excluding the UN sales law.
Mandatory clauses of the state in which you as foreign customer have your habitual residence
remain unaffected.

Should the Customer not have a place of general jurisdiction in Germany, the place of jurisdiction
is Berlin.

Deviations from these general business conditions must be made in writing. This also applies to the
alteration of this written form clause.

Version number: 1

Berlin, 17.04.2013

Simon Glimm