Terms of Use

§ 1 Scope of Application
All business relationships between the toonpool.com GmbH, hereinafter referred to as toonpool.com, and the purchaser are subject to the following terms and conditions in their current version at the time of ordering. Differing conditions by the customer are not recognized by toonpool.com, unless it is explicitly agreed in writing by toonpool.com to do so.

§ 2 Conclusion of Contract
Your order represents an offer to us to conclude a purchase agreement. When you place an order with toonpool.com, we send you an e-mail, confirming the receipt of your order and containing the details of your order with us (order confirmation). This confirmation does not constitute an acceptance of your offer; it is only to inform you that your order has been received. A purchase agreement is only then concluded when we ship the ordered product to you. Products from the same order, which are not listed in the shipping documents, are not subject to the purchase agreement. Please note that all products are only sold in limited quantities.

§ 3 Revocation and Returns
You are taking no risks by placing an online order: You can revoke your order within 2 weeks in written form (e.g. letter, fax or e-mail) without giving any reasons or by returning the product. In order to meet the cancellation time limit the timely sending of your written revocation or the product shall suffice. This right is limited to 2 items per customer per calendar quarter. The revocation should be addressed to toonpool.com, Berlin. Please call our hotline before returning products and make sure the enclosed return form is filled out completely.

Custom-made products and products made to customers’ specifications are however excluded from the Right of revocation.

In case of an effective withdrawal the benefits received by each party are to be returned. If you are not able to return the received goods wholly or partly not able to or only in an impaired condition, you will be obliged to offer us compensation to the extent of the impairment. This does not apply if the impairment of the product is exclusively due to the examination of it, as it would have been possible to do in a shop.

Apart from that you can avoid the obligation for value replacement by not treating the merchandise as being fully owned and by avoiding all actions which can have an adverse affect on its value, such as scratching, staining and fracturing, all of which equals to a total loss. In order to protect the goods they are only to be sent back in the original packaging using all protective materials used at delivery. If you are acting as a private person in Germany, this happens at our risk, otherwise it is at your peril. In the case of false delivery and of orders from private individuals in Germany exceeding a value of € 40, the cost of returns are paid by toonpool.com, otherwise it is for your account.

§ 4 Delivery
Unless otherwise agreed, the delivery is made from stock to the address of the orderer or to the delivery address stated by the orderer. Information on the terms of delivery is nonbinding, unless a binding delivery date has been agreed on by way of exception.

The buyer has to immediately check the goods for damage and complain to the forwarding agent prior to their acceptance. In the case of obvious damage only being noticed after acceptation, the buyer has to file a complaint about this to us within a period of 5 days after the acceptation. If the buyer fails to do this, the assertion for such defects of obvious damage is excluded.

§ 5 Term of Payment and Default
If the bank-account of the ordering party does not have sufficient cover at the time of the direct debit or if the ordering party files an unjustified objection to the debit, toonpool.com is entitled to demand a handling fee of € 9.00 from the customer.

If the ordering party is in default, toonpool.com is entitled to demand default rates amounting to 6% above the current announced European Central Bank base rate p.a. in each reminder letter with the exception of the first reminder. If toonpool.com incurred a verifiable higher loss caused by delay, toonpool.com is entitled to claim this loss.

The orderer may in the above mentioned cases substantiate that no loss has incurred to toonpool.com, or that this is lower than the above mentioned flat rate.

§ 6 Forwarding Charges
The highest applicable lump-sum will be charged once with orders consisting of more than one item. If toonpool.com distributes the order on several deliveries for logistical reasons, there are no additional costs for the orderer.

§ 7 Set-off and Retention
The orderer only has the right to offset if the counter-claims are legally established or recognized by toonpool.com. In addition the orderer’s right of retention is only applicable if the counter-claim is based on the same contractual relationship.

§ 8 Title Retention
The delivered goods remain the property of toonpool.com until the full and final payment has been settled.

§ 9 Liability
toonpool.com is liable only if toonpool.com or its assistants has violated a substantial contractual obligation (cardinal obligation) in a manner compromising the purpose of the contract or if the damage caused is due to gross negligence by toonpool.com or its assistants. Provided that no gross negligence or intentional damage has occurred, the liability of toonpool.com is limited to the damage that was reasonably foreseeable at the conclusion of the contract.

The liability due to assured qualities, to personal injury as well as due to mandatory legal regulations, in particular the Product Liability Law, remains unaffected.

§ 10 Warranty and Appropriate Handling
It is assumed that it is a known fact that the appearance of all print products can change and that the colours can fade due to environmental influences. toonpool.com can assume no warranty for this irreversible process of change.

Apart from this, the duration of the legal warranty period is 2 years and starts at the delivery of the goods. During this period of time, all defects that are covered by the legal warranty will be corrected free of charge. Excluded from the warranty is damage caused by natural wear and tear, misuse and by the lack of or incorrect maintenance or storage conditions. In addition, we refer to section 4.

Print products and frames are not to be exposed fully or partly to direct sunlight, should not be hanged directly above heating elements and not be subjected to humidity above the levels of normal living spaces. Print products and frames are therefore not suitable for outdoor areas, basement rooms, bathrooms and kitchens.

§ 11 No Granting of Rights and Exhibitions
With the purchase of a product from toonpool.com you only gain the real ownership of the one copy. No other rights of use are granted. Any reproduction (copying), distribution, leasing, public access or other analogue or digital exploitation is not permitted. You are however entitled to resell the product.

The public exhibition of acquired print product require the consent of the involved artist in question in each individual case.

§ 12 The Collection, Processing and Use of Personal Data
The data and information we receive from you helps us in creating an individual shopping experience for you and to continually improve this experience. We use this information for the processing of orders, the delivery of goods and the providing of services as well as for the settlement of payment (in the case of purchase on account also for all necessary inquiries). We also use your information to communicate with you about orders, products, about marketing offers or the toonpool.com newsletter. Additionally the information are used to update our records and to maintain your client accounts with us as well as to show content, such as notepad or shopping cart contents and to recommend – if you have consented to this - products or services that might interest you. We also use your information to improve the range of products, to prevent misuse of our website or to uncover such violation. Finally the information is used to enable a third party acting on our instructions, the implementation of technical, logistic or other services.

§ 13 Applicable Law
German law applies excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).