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GENERAL STANDARD TERMS AND CONDITIONS

 

Art. 1 Scope

(1)  The following General Standard Terms and Conditions shall govern all business relations between the Association „Freunde der Kunsthalle e.V.“ (‘Friends of the Hamburg Kunsthalle’) (hereinafter called „the Association”) and Customer.
(2)  Any regulations deviating from these General Standard Terms and Conditions shall not be recognized unless expressly confirmed by the Association in writing.
(3)  The General Standard Terms and Conditions and the electronic order confirmation may be stored by Customer in his computer and/or printed out.

Art. 2 Conclusion of Purchase Contract

(1)  By his order, Customer makes a binding offer within the meaning of Art. 145 German Civil Code. The acknowledgement of receipt of the order does not bring about the conclusion of a purchase contract.
(2)  The purchase contract will not be brought about until the Association confirms the order by dispatch of the merchandize or by notification of the dispatch. Sale of the merchandize shall be possible in ordinary quantities only.
(3)  The Association shall have the right to cancel the purchase contract if the merchandize ordered is no longer available. The Association undertakes to notify Customer without delay of the non-availability of the merchandize and refund without delay the Customer for any payments made.

Art. 3 Delivery

(1)  The Association dispatches the merchandize to the address quoted by Customer in the order at the latter’s expense pursuant to the delivery and shipping costs as shown in the Website and quoted to Customer prior to the binding acknowledgement of the order.
(2)  Any details on the dispatch estimate shall not be binding unless, in a particular case, the Association guaranteed Customer a binding date of delivery. The maximum period of delivery shall be six weeks.
(3)  The risks and hazards of the dispatch of the merchandize pass to Customer where the merchandize is handed over by the Association to the commissioned carrier (Art. 447 German Civil Code).

Art. 4  Retention of Title 

Until full settlement of the purchase price and the shipping costs the Association shall retain the title and all other rights in the merchandize shipped.

Art. 5  Payment, Due Date

(1)  The prices shown shall be final prices including respectively valid turnover tax plus shipping costs. The amount of shipping cost shall be shown in the Website and in the order process.
(2)  Invoicing shall be based on cash in advance or upon delivery. Invoices shall be due for settlement without any discount within fourteen days upon receipt of the merchandize.
(3)  Settlement shall be effected by bank transfer, credit card, PayPal or direct debiting procedure. Deliveries abroad will be made by the Association only after payment by credit card or cash in advance.

Art. 6 Instructions on withdrawal
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(1) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Freunde der Kunsthalle e. V., Glockengießerwall, 20095 Hamburg / Telefax 040 – 428 543 207 / versand1@freunde-der-kunsthalle.de) of your decision to withdraw from this contract by an unequivocal statement (e. g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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Model withdrawal form

[Complete and return this form only if you wish to withdraw from the contract.]

To
Freunde-der Kunsthalle e. V.
Glockengießerwall
20095 Hamburg
Telefax 040 – 428 543 207
Versand1@freunde-der-kunsthalle.de

I* / We* hereby give notice that I* /we* withdraw from my*/our* contract of sale of the following goods*:

……………………………………………………………………………………………………………………………………….

Ordered on* / received on* ……………………………………………

Name(s): …………………………………………………………………………..

Adress: ……………………………………………………………………….

Signature(s) (only if this form is notified on paper):  

………………………………………………………………………………

Date: ………………………………
 

* Delete as appropriate.

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Art. 7 Warranty

If the items delivered show apparent defects in material or manufacturing, which shall also include damage to goods in transit, Customer shall notify the Association without delay of any such defects. Failure to do so shall, however, not affect any legal claims on the part of Customer. Customer’s legal rights based on the law of warranty shall apply.

Art. 8 Reproduction Rights

All reproduction rights in the merchandize supplied are held by the Association or its partners. Without their express approval, no reproduction use shall be permitted.

Art. 9 Liability

The Association shall be liable for damage claims only if its legal representatives or assistants have violated their obligations by gross negligence or intentionally and for damage claims in the event of bodily injury, injury to life and health or in the event of violation of essential obligations under the contract, if such obligations have been violated by negligence.

Art. 10 Final Provisions

(1)  This purchase contract shall be subject exclusively to German law excluding the UN Convention on Contracts for the International Sale of Goods.
(2)  If Customer is a merchant or legal person under public law or separate estate under public law or has no place of jurisdiction in Germany, Hamburg (Germany) shall be the exclusive legal domicile for all legal disputes arising under the business relations.