Buchmann Galerie - General Terms and Conditions
§1 Scope and definitions
These General Terms and Conditions (GTC) of Buchmann Galerie apply to all orders and deliveries made via the website www.buchmanngalerie.com.
Our offer of goods is directed exclusively to buyers who have reached the age of 18.
Offers, services and deliveries of Buchmann Galerie are exclusively based on these GTC. Any terms and conditions of the customer deviating from or supplementing these GTC shall not be binding for Buchmann Galerie, unless expressly agreed upon with Buchmann Galerie. Buchmann Galerie already now objects to the inclusion of GTC of a customer which contradict the GTC of Buchmann Galerie.
Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
§2 conclusion of contract
The presentations in the online store www.buchmanngalerie.com do not represent binding offers on the part of Buchmann Galerie. Rather, it is a non-binding invitation to the customer to submit a binding offer.
By completing the order process in the online store www.buchmanngalerie.com, the customer accordingly submits a binding purchase offer. Confirmations of receipt by Buchmann Galerie do not constitute an acceptance of the purchase offer.
A purchase contract for the goods shall only be concluded when Buchmann Galerie expressly declares acceptance of the purchase offer or by sending the invoice for the sale of the goods, whichever occurs first. Buchmann Galerie is entitled to accept the customer's offer within fourteen days after receipt of the order.
If the offer is accepted, the purchase contract between the customer and
Tel. +49 30 258 999 29
§3 Cancellation policy
Consumers are generally entitled to a right of withdrawal.
Consumers have the right to revoke purchase contracts with Buchmann Galerie, which were concluded on the basis of an order in the online store www.buchmanngalerie.com, within fourteen days without giving reasons. The revocation period begins from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods.
In order to exercise the right of withdrawal, the customer must send Buchmann Galerie a clear declaration (e.g. by letter or email to: Buchmann Galerie, Charlottenstrasse 13, 10969 Berlin, Germany, Tel. +49 30 258 999 29, E-Mail email@example.com) about the decision to revoke the purchase contract. To comply with the revocation period, it is sufficient to notify the customer of the exercise of the right of revocation before the expiry of the revocation period.
If the customer revokes the purchase contract, Buchmann Galerie shall refund all payments Buchmann Galerie has received from the customer, including shipping costs (except for additional costs resulting from the fact that the customer has chosen a method of delivery other than standard shipping). The same means of payment used in the original transaction shall be used for the repayment, unless otherwise expressly agreed. Buchmann Galerie may refuse repayment until Buchmann Galerie has received the goods back, or the customer has provided proof that the goods have been returned.
In case of revocation, the customer must return the goods to Buchmann Galerie or hand them over to Buchmann Galerie without undue delay and in any case no later than fourteen days from the day on which the customer has informed Buchmann Galerie about the revocation of the purchase contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. The customer shall bear the direct costs of returning the goods.
§4 Prices and terms of payment
Unless otherwise stated in the product description of Buchmann Galerie, the indicated prices are total prices, which include the statutory value added tax. Additional delivery and shipping costs are indicated separately in the respective product description.
For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which Buchmann Galerie is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The payment has to be made by prepayment. Buchmann Galerie will issue an appropriate invoice for this purpose. The purchase price is due for payment immediately without deductions after receipt of the invoice.
§5 Delivery and transfer of risk
The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed.
The delivery time is approx. 10 working days after receipt of payment for deliveries within the Federal Republic of Germany and approx. 20 working days after receipt of payment abroad.
If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the customer as soon as Buchmann Galerie has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise determined for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle pass only upon delivery of the goods to the customer or a person authorized to receive the goods.
§6 Retention of title
Buchmann Galerie reserves the right of ownership of the delivered goods until full payment has been made.
During the period of retention of title, the customer may not sell, pledge or transfer by way of security the goods delivered under retention of title to third parties.
§7 Set-off and retention
If the customer is an entrepreneur, he may only set-off against claims of Buchmann Galerie with undisputed or legally established counterclaims and/or counterclaims based on the same contractual relationship, or he is entitled to exercise a right of retention or a right to refuse performance only because of undisputed or legally established counterclaims and/or counterclaims based on the same contractual relationship.
If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved. If the customer acts as a consumer, he is requested to immediately notify Buchmann Galerie of delivered goods with obvious defects or transport damages.
If the customer is an entrepreneur, the general limitation period for claims for defects is one year from receipt of the goods.
Buchmann Galerie is liable for any legal reason without limitation in case of intent or gross negligence, in case of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, as well as on the basis of mandatory liability such as under the Product Liability Act.
If Buchmann Galerie negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless Buchmann Galerie has unlimited liability according to the preceding paragraph.
Any further liability of Buchmann Galerie is excluded.
§10 Choice of Law
The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international sale of movable goods, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§11 Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Berlin, Germany. In this case Buchmann Galerie is also entitled to sue at the customer's place of business.