General Terms and Conditions of Onlinegalerie Menzel, the internet sales of Galerie Thomas Menzel
1 . scope
These terms and conditions are binding for the entire business of the gallery. Conflicting purchasing conditions do not apply.
2. Purchase prices
The purchase prices are in Euro. They contain the applicable sales tax. For works of art of the 20.
Century makes the gallery to settle the statutory resale right (§ 26 UrhG) and the artists' social insurance a tax, which is also included in the purchase price.
3. VAT refund
(3.1) Third countries outside the EU: According to legal regulations, export deliveries to third countries outside the EU internal market are exempt from VAT. If a buyer takes the object of purchase himself abroad, he must provide security in the amount of value added tax, which will be reimbursed to him as soon as he submits the export / customer proof to the gallery.
(3.2) EU Internal Market: If the purchaser is a VAT-related trader who legitimately uses his USt-ID number issued by the country of residence in the EU, the supply will remain VAT exempt if the purchaser in his state is subject to the acquisition tax. However, the buyer has to provide security in the amount of sales tax, which will be refunded to him as soon as the VAT ID number is properly received by the gallery. If the USt-ID number subsequently turns out to be wrong, the gallery is entitled to cancel
Rescind the purchase contract.
4. Terms of payment
The purchase price is due with invoicing without deductions. In the case of non-cash payments (check, bank transfer, etc.), the buyer bears the costs of check, etc., redemption.
5. Issuance and retention of title
(5.1) The buyer can demand the delivery of the object of purchase only against complete payment of the purchase price.
(5.2) The transfer of ownership of the sold item is subject to the condition precedent of full payment of the purchase price. The gallery is entitled to withdraw from the contract if the buyer is in default of payment of the purchase price. Insofar as the object of purchase is already handed over to the buyer, contrary to the provision provided for in Section 5.1, prior to full payment of the purchase price, the buyer is obliged to carefully and carefully treat the object of purchase until the transfer of ownership
Damage or loss.
6. Offsetting and retention
The buyer can only offset against the gallery with undisputed or legally established claims. Rights of retention of the buyer are excluded, as far as they are not based on the same contractual relationship.
(7.1) Default of debtor: If the buyer defaults on payment of the purchase price or a purchase price installment, the gallery is entitled and, at the request of the artist, obliged to name the artist the name and address of the buyer. In the event of default by the buyer with the purchase price payment, the default interest rate for the year is five percentage points above the base rate or eight percentage points above the base rate, if the buyer made the purchase in pursuit of his commercial or self-employed professional activity. The gallery
can claim further damage. The gallery is entitled to default on default, all outstanding installments due immediately.
(7.2) Default of acceptance: The buyer is in default if he does not pick up the object of purchase within the contractually agreed period or within 30 days after a service offer of the gallery. After occurrence of the delay, the gallery is entitled to insure the object of purchase at the risk and expense of the buyer and to store (§ 304 BGB).
(7.3) Period of grace: If the buyer is in debtor or default of acceptance, the gallery is entitled to withdraw from the contract under a reasonable grace period. In this case, in addition to the statutory rights, the gallery can also calculate its compensation in such a way that the buyer has to compensate for the reduction in the case of a new sale of the purchased item. On a possible additional proceeds, the buyer has no claim.
8. Dispatch of the purchased item
The risk of damage or loss of the object of purchase during shipment shall be borne by the buyer if he intends to use the object of purchase in the course of his commercial or independent professional activity. If the value of the object of purchase is more than 150 €, the gallery will insure the shipment at the expense of the buyer. The Gallery may, at its sole discretion, provide shipping and shipping
determine and accept no obligation for the fastest or cheapest shipping.
Returns to the gallery are at the expense and risk of the sender. When returning the purchased object for the purpose of subsequent performance, the gallery shall bear the costs of return (§ 439 para. 2 BGB), unless it concerns the purchase of a non-newly manufactured work and the customer intends to buy the purchased goods within the scope of his commercial or self-employed occupational activity. Unauthorized returns will not be accepted. The sender bears the costs and risk for the subsequent return.
(10.1) Information on the art object: Work descriptions in catalogs, brochures, etc. do not guarantee the gallery for the nature of the object of purchase. If the customer intends to use the purchased goods as part of his commercial or independent professional activity and the object of purchase is not a newly manufactured work, the gallery assumes no liability for the completeness and accuracy of the catalogs, brochures, etc. information about
Art object, as far as the gallery the incorrectness or incompleteness did not have to be known.
(10.2) Commission business: If the gallery sells the goods as a commission agent, claims for warranty claims are excluded if the customer intends to use the purchased goods in the course of his commercial or independent professional activity and the object of purchase is not a newly manufactured work. This also applies to forgeries, as far as the gallery the lack of authenticity of the work should not have known. The buyer has the opportunity to personally and personally before the sale
If necessary, convince by expert assistance of the contractual condition and the authenticity of the object of purchase. If there is a warranty case for which the gallery acc. is not liable for the above provision, the gallery shall assign its claims against the principal to the buyer. However, in these cases, the gallery may also, at its option, take back the object of purchase and reimburse the purchase price.
(10.3) Liability: The gallery is liable for all damages caused intentionally or grossly negligently by the gallery or its legal representatives or vicarious agents. For damages resulting from injury to the body, life or health, which are based on a negligent or intentional breach of duty of the gallery, its legal representatives or vicarious agents, the gallery is also liable indefinitely, regardless of the degree of culpability. The gallery is liable for damage caused by the gallery, its legal representatives or vicarious agents due to slight negligence, only if the gallery, its organs or its vicarious agents a contractual obligation (obligations, the fulfillment of the proper execution of the contract at all only make possible and on the compliance of which the contracting party regularly trusts and may trust). In this case the liability of the gallery is limited to the contract-typical foreseeable damage. Incidentally, the liability of the gallery is excluded.
(10.4) Warranty: If the delivered work is defective, the purchaser may assert damages for the defect only after two failed attempts to fulfill the defect and in accordance with the limitation of liability in clause (10.5) of these terms and conditions.
(10.5) If the customer intends to use the purchased goods within the framework of his commercial or independent professional activity, he can only demand subsequent performance. Only after two failed attempts at subsequent performance can the customer withdraw from the contract or reduce the purchase price, and compensation for damages in accordance with the limitation of liability in Paragraph 10.3 of these General Terms and Conditions.
(10.6) Statute of limitations: Claims for damages based on the defectiveness of the work become statute-barred no later than one year after the legal beginning of the period of limitation, insofar as the claims are not based on intent of the gallery. If the Buyer intends to use the object of purchase in the course of his commercial or independent professional activity, claims for damages based on defects of the delivered work, which are not based on the intention of the Gallery, become statute-barred six months after the legal beginning of the limitation period, if it is not newly manufactured Artwork is about. Other claims due to defectiveness of the delivered work, which are not based on intent of the gallery, are time-barred within one year from the beginning of the statutory limitation period, if it is a non-newly produced work of art. If the buyer intends to use the object of purchase in the context of his commercial or independent professional activity, these claims lapse, insofar as they are