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Conditions of UseGENERAL TERMS AND CONDITIONS FOR CONTRACTS INVOLVING
1. The following terms and conditions of business are exclusively effective to persons who pursue with the conclusion of contract aims, neither relating to their commercial nor their self-employed, professional activity (consumer).
2. Orders will be effected according to the general terms and conditions in forth to the time of the conclusion of contract. The general terms and conditions are available for customers on our website www.wehrkunst.de. Furthermore, we will send them to the customer along with the acceptance of order. Differing terms and conditions of the customer that are not recognized explicitly are not binding for us, even though we do not have contradicted them explicitly. They will not be integral part of the contract through the acceptance of contract, as well.
II. OFFER, CONCLUSION OF CONTRACT, RESIGNATION
1. Our offers are without engagement, unless we have denominated them explicitly binding.
2. The customer gives with sending of the order form an legally binding offer directed at the conclusion of a purchase contract. The contract accomplishes by our confirmation of the customer´s order. We will send the confirmation of order by e-mail. If the customer has not consigned, when placing the order, his or her e-mail address, the contract will be concluded by the consignment of the goods. The customer is obligated to state all data, consigned the order transaction, truthfully and completely as well as control their accuracy.
3. We reserve variations of descriptions and information on our website, in brochures, offers as well as other written documents, especially with regard to the material composition, colour, weight, dimension and design, without that the customer may derive any rights from this. Information respecting our products are only approximate and purely exploratory. They do not include any guarantee of quality and durability, unless we have granted explicitly such guarantee.
4. We reserve, also after concluding the purchase contract, to make a credit assessment and, if the examination will be negative, to terminate the contract. Furthermore, we reserve the termination of contract if the goods are not available for at least 4 weeks, or data errors are on hand which is why we may not execute the order. If the goods are not available for the aforesaid period of time, we commit to inform immediately the customer as well as repay immediately the purchase price already paid.
III. RIGHT OF RETRACTION
1. The customer hast he right to retract the order within 14 days. This period of time begins with the reception of the ordered goods. The punctual dispatch suffices to comply with the time limit. The retraction does not have to indicate reasons for revoking the contract. It must be accompanied by written or text explanation of the action or by returning the goods to:
2. If the goods are transportable by package post, the customer is obligated to return them by that way. The return is basically at responsibility and expense of us. We plead the customer to use the same shipping method that we have used for the consignment. Unnecessary shipping costs, involved in choosing a differing shipping method, will be paid by the customer. The purchase price as well as the costs of the return will be reimbursed to customer´s account, immediately after goods receipt.
3. The costs of return are also paid by the customer if
- the merchandise value amounts to 40,00 EUR or
- the merchandise value amounts over 40,00 EUR, and the customer has not paid the purchase price completely or amounting to an agreed advance,
unless the delivered goods do not conform to customer´s order.
4. In the case of retracting the order, the customer is obligated to accept a reduced value. For avoiding this obligation, we recommend to the customer, during the retraction period, to do not use the product like personal property and refrain from doing everything that can reduce its value. The customer does not have to accept a reduced value if the deterioration of the goods is only attributed to the customer´s examination for their usability and fit.
5. The right of retraction subject to the provisions of article III number 1 of these general terms and conditions does not include shipment of goods that were produced to meet the specifications of the customer or that were made specifically to meet the needs of the individual customer (special design).
IV. CONDITIONS OF PAYMENT
1. Purchase prices do not include packing and forwarding charges as well as cost of insurance if the contractual parties have not concluded a differing agreement. The legal VAT is contained in the purchase price. The price at the day of order is the relevant one.
2. Irrespective of a differing agreement, the customer is responsible to pay the purchase price in advance. The purchase price becomes due strictly net with the reception of the acceptance of order.
3. If the customer defaults with paying the purchase price, we are permitted to demand default interest of 5% per annum above the basic interest rate. The right to claim higher interest on a different legal basis will remain unaffected.
4. The customer has the right to set off only with counter-claims that are sentential, undisputed or acknowledged by us, even though the customer demands deficiency claims. The exercise of a right of retention is only reserved to the customer if his or her counter-claim relies on the same purchase contract.
V. DELIVERY, SHIPMENT, FORWARDING CHARGES AND CUSTOMS DUTY
1. Delivery dates and other time limits are without engagement, unless we have denominated them explicitly binding.
2. The shipment of ordered goods will be basically effected to the consigned shipping address of the customer on day of the receipt of payment, by 2 working days after. The shipment will ever take place insured by a forwarding company, selected on our part. A pickup by the customer is not possible, in general.
3. Within , we deliver basically within 2 working days for orders of classical posters and within 10 days for orders of pictures on canvas after the receipt of money on our account. In consideration of the delivery into other countries of the European Union and , the consignment will last other 2 working days.
4. In case of consignments beyond the European Union and , import dues (customs duty) can accrue; these will be paid by the customer.
5. The observance of the delivery time is under the reserve of proper and timely self-delivery, provided that we are not responsible for this delay. We will inform the customer immediately about any delay in delivery.
6. We are permitted to deliver the goods in parts if it is reasonable for the customer. In this case, we will pay extra forwarding charges.
7. If the shipment or the acceptance of the goods are delayed for reasons attributed to the customer, we are permitted to demand compensation for any damage and additional expenditure. From the beginning of the default in acceptance, the risk of accidental loss and accidental deterioration passes to the customer.
8. The delivery time will extend adequately, if the delivery delay is based upon force majeure, disturbances, traffic congestions, energy shortage, import difficulties etc.. We will inform the customer immediately about the beginning as well as the ending of such circumstances.
9. If we do not maintain culpably an explicitly agreed delivery time or if we get into delay, the customer must grant us a proper time limit that begins with the written setting in default or, if the time limit is concretely diarised, with the respective date. The customer has the right to terminate the contract, if this period of time passes unsuccessfully.
10. We are liable, subject to the following provisions, pursuant to law if the contract shall be performed by a date specified in the contract or within a specified period (time bargain), or the customer may invoke the discontinuance of his or her interest in the performance of the contract by reason of a delivery delay, caused culpably by us.
11. In case of delivery delay, we are liable pursuant to law, if the delay results upon a grossly negligent or intentional breach of duty by us. The fault of our legal agents or vicarious agents will be imputed to us. If the delivery delay do not rely on a grossly negligent or intentional breach of duty by us, we are only liable for damage, typically caused and predictable.
12. If the delivery delay, attributed on our part, is based upon the culpable breach of an essential duty, we are liable pursuant to law. In this case our liability for damage is limited on the typically caused and predictable damage.
VI. RESERVATION OF TITLE
1. Goods remain our property until payment of the purchase price is made in full.
2. The customer is obligated to deal carefully with the goods under reservation of title. Furthermore, he or she has to inform us immediately about any access of a third person, especially in case of enforcement or other impairment of our property. The customer is also responsible to compensate every damage and charge caused by the breach of the aforesaid duty as well as the defence against accesses of a third person.
3. In the case of a behaviour contrary to contract of the customer, e.g. default of payment, we have the right to terminate the contract and to demand back the goods after notice and setting of a proper time limit. If we take back the goods under reservation of title, it represents the termination of the contract. If we distrain the goods under reservation of title, it represents the termination of the contract, as well. We are permitted to realize (to sell) the goods after their withdrawal. The sales revenue will be charged against the customer´s outstanding debts, after realization charges.
VII. WARRANTY AND LIABILITY
1. If the goods are defective, we are responsible, excluding the customer´s rights to reduce the purchase price or terminate the contract, for supplementary performance, unless we may refuse the form of supplementary performance by reason of the legal provisions. The customer has to fixed an additional, adequate period of time for supplementary performance.
2. As supplementary performance, the customer may, at his or her option, demand the removal of the defect or supply of a thing free from defects. During the supplementary performance, the customer may not reduce the purchase price or terminate the contract. A repair of the goods is deemed to have failed after two unsuccessful attempts. If the removal of the defect has failed, the customer may, at his or her option, demand a price reduction or declare the termination of the contract.
3. The customer can only demand claims for compensation for defects of the goods, set forth in the following conditions, if the supplementary performance has failed. The customer´s right to demand advanced damage claims, according to the following conditions, remain unaffected.
4. We are liable, irrespective of the following limitations of liability, pursuant to law for damage to life, body and health resulting upon a negligent or intentional breach of duty by us, our legal agents or vicarious agents as well as for damage established by the German Product Liability Act as well as damage resulting upon an intentional or grossly negligent breach of duty or malicious conduct by us, our legal agents or vicarious agents. If we have guaranteed a particular quality or durability, we are responsible within the scope of this guarantee, as well. But for a damage based upon the lack of the guaranteed quality or durability, which do not take place directly to the goods, we are only liable if the risk of this damage is apparently covered by the guarantee of quality and durability.
5. Furthermore, we are liable for damage resulting upon a lightly negligent breach of such duties that make the proper performance of contract possible and are usually subject of shop partner´s confidence. That also applies if the customer is entitled to demand compensation in lieu of performance. But we are only liable if damages are typically connected with the contract and predictable, as well.
VIII. DATA PROTECTION
For executing customer´s order, he or she consents to the storage, reduction and usage of his or her personal data, transferred by his or her order.
IX. FINAL CLAUSE, APPLICABLE LAW
The relationship between the contractual parties is governed exclusively by German law. The application of the UN purchasing law is excluded from this.