| General Terms and Conditions |
|
Pfahlbaumuseum Unteruhldingen Verein für Pfahlbau und Heimatkunde e.V. Strandpromenade 6 88690 Unteruhldingen Phone: 0049 (0) 7556 8543 Fax: 0049 (0) 7556 5886 Dear Customer, we would like for you to be completely satisfied with our services. We gladly accept your special orders and we will do our best to accommodate you. For your convenience, we have indicated our General Terms and Conditions below. Please note that these are a translation, and that in case of dispute, the German version will take precedence. Last Update: March 2007 § 1 General Terms, Scope of Application The following sales terms and conditions apply for all contracts entered into between the Pfahlbau Museum Unteruhldingen, Verein für Pfahlbau und Heimatkunde e.V., and the customer for the delivery of goods. They also apply to all future commercial relations, even if they are not expressly agreed once more. Terms and Conditions of the customer that differ from those contained herein and which the Seller does not expressly accept are not binding on the Seller even if he does not expressly object to them. 2.1. Your contracting partner for all orders is the Pfahlbaumuseum (Lake Dwelling Museum) Unteruhldingen, Verein für Pfahlbau und Heimatkunde e.V., Strandpromenade 6, 88690 Unteruhldingen. Contracts in our internet shop can be concluded in English, however, in case of dispute, the German version will take precedence. 2.2. A purchase contract takes effect and is binding only, if we accept the order of the customer by a notification of acceptance or by shipment of the goods within the indicated delivery time, or if the customer picks up the goods at our location. Note, that the shipping of goods takes place only upon pre-payment of the order, in case of reservation of the goods, this means through payment of the complete amount due to our account. The purchase contract will only become effective as aforementioned. An electronic order acknowledgement shall not constitute the conclusion of a contract, but serves only as a notification of the customer about the actual receipt of the order. § 3 Prices, Shipping and Handling Charges Prices apply as specified in our internet shop at the time of the order. Unless stated otherwise, the prices shall be ex works, including packing and loading as is outlined in the order procedure on our website. As a non-profit organization, and in accordance with. §4 No. 20a UStG, (German Sales Tax Law) we are not obligated to pay sales tax. § 4 Deficiencies, Warranty, Liability 4.1. We are endeavored to deliver ordered goods immediately. Binding dates for delivery require a separate agreement. The time for delivery is kept, if the goods are shipped before expiration of the delivery time stated in our internet shop or specially agreed upon. For each article, the estimated time of delivery is as stated on our website plus one (1) to three (3) days for postal delivery. 4.2. In the event of an occurrence of unforeseeable circumstances or contingencies beyond the control of the parties, such as all events of force majeure, which prevent meeting the agreed delivery date, said delivery date shall be extended for a period equal to the duration of such events; such events shall include in particular armed conflicts, interventions and prohibitions of authorities, transport and customs delay, shipping damage, power and raw material shortage, labor disputes and default of a major supplier that is difficult to replace. The above-mentioned events justify the extension of the delivery date even if they occur with suppliers. We will advise our customers Beginning and end of such events. If known to us, the beginning and end of such events will be communicated to our customers immediately. 4.3. If ordered goods should not be available, we are entitled to partial delivery at our expense, as far as this is acceptable to you. 4.4. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer on delivery (in the case of a shipped purchase , on delivery of the item to the shipping agent, the carrier or the person or institution otherwise designated to forward the goods). 4.5. If the customer is the a private consumer, the risk of accidental loss and accidental deterioration of the sold item does not pass to the customer, even in the case of a shipped purchase, until delivery of the item. In case the customer is in default with acceptance, the goods are deemed to be delivered. 4.6. We cannot be held liable for damages to the product owned by the consumer and resulting consequences, which are caused by changes made to the product by the consumer or third parties. The same is true in case of improper handling, operation, or treatment of the product by the consumer. § 5 Payment, Offsetting, Withholding 5.1. Prices apply as specified in our internet shop at the time of the order. We take great care to keep the quotations / availability data in our web shop up-to-date. Nevertheless, it might occur that individual articles are displayed or cataloged with the wrong quotations. If the actual price of an article should be lower than the price quoted in the Pfahlbauten internet shop, we dispatch to you the ordered article at the lower price without further consultation. If the actual price of an article is higher, than the price quoted in our internet shop, we contact you and ask whether we may still dispatch the article to you. In principle, we reserve the right for price adjustments and mistakes as well as deviations in the representation of articles. 5.2. The following payment options are available: prepayment (in and outside of Germany), invoicing (in and outside of Germany), and cash payment if goods are picked by the customer. 5.3. We reserve the right of property of the purchased goods until receipt of all payments resulting from the order is made in full. In case of default of payment, we are entitled to withdraw from the contract and to reclaim the merchandise. 5.4. The Customer is entitled to offset amounts only, if counterclaims have been fully and finally established by law or if we have accepted them. 5.5. The Customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship. § 6 Right of Revocation 6.1. We grant the right of revocation to customers, who order for private use, and who order exclusively through our website. You have a 2-week right of revocation of the contract starting from the contract’s effective date. You may revoke your contractual declaration without giving reasons by returning the goods or by written declaration (e.g. by letter, fax or email). The period of revocation begins at the earliest at the contract’s effective date and the customer’s receipt of these terms of revocation. 6.2. As a consumer, the customer shall pay all cost for the return of goods within the scope of the applicable Law of Revocation, unless the delivered goods do not correspond to the goods ordered. In the case of an order value, exceeding 40 Euros, or payment has been made in full or in part as contractually agreed upon, the consumer does not have to bear the return costs. 6.3. Please be advised that right to revocation in accordance with legal regulations (e.g. § 312 Para. 4 of the German Civil Code (BGB), is not applicable distance selling contracts. There is no right of revocation for goods which have been produced in accordance with the specifications of the party placing the order or which are clearly custom made for the latter’s personal requirements, or goods such as audio or video recordings or software, if the seal of the delivered medium as been broken by the consumer. Finally, revocation is impossible for goods that are naturally unsuitable for return. 6.4. The private consumer must pay compensation for lost value in respect of any deterioration that has arisen as a result of the good being used in accordance with their intended purpose. The consumer has the right to check the goods carefully. Any loss in value which is caused by the fact that the goods can no longer be sold as 'new' because the use went beyond mere checking must be borne by the consumer. 6.4. In the following, we have provided the mandatory instruction and consequences of the Right for Revocation for consumers. § 7 Warranty 7.1. We ensure that the supplied goods are free of the risk of loss and factory defects, at the time of the passage, and that they have the contractually assured characteristics. 7.2. We are not liable for any loss or damage, which developed from an inappropriate use or handling, from neglect of application references or incorrect or careless treatment. 7.3. In case of loss or damage of goods, consumers may choose whether the supplementary performance is to take place via rework or replacement. We are entitled to refuse the kind of the selected supplementary performance, if it can be performed at disproportional cost only, and the other kind of the supplementary performance remains without substantial disadvantages for the consumer. If the customer is an entrepreneur, in the event of loss or damage, we will at out discretion, grant supplementary performance by rework or replacement of the goods. 7.4. If the supplementary performance fails, the customer can require cancellation of the contract or compensation in principle for its choice reduction of the purchase price, instead of the rework. If the customer selects compensation instead of the supplementary performance, then the limitations of liability apply in accordance with § 10 of these Terms and Conditions. If the violation of contract is only slight, in particular in case of merely minor defects, the customer shall not have any right to revocation. 7.5. Entrepreneurs must notify us in writing of apparent defects within a period of one (1) week from receipt of the goods; otherwise, no claim can be made against the warranty. Timely dispatch is sufficient for compliance with the time limit. 7.6. For entrepreneurs the warranty period is one year from delivery of the goods. For private consumers the limitation period is two years from delivery of the goods. § 8 Retention of Title The goods shall remain the sole and absolute property of the Pfahlbau Museum Unteruhldingen until the customer has paid in full. § 9.Data protection Pursuant to Section 28 of the German Data Protection Act we draw your attention to the fact that the data that is required for transaction processing is processed and stored using computer equipment pursuant to Section 33 German Data Protection Act. All data communicated to, including residence and email address, will not be passed on to third parties. We also do not use your personal data for advertising purposes without your consent. If you should receive advertisement from us, you may object to such use the use of your data without any reason. After receipt of your objection, we will discontinue the use such data for the advertising purposes, and will discontinue submitting to you any advertising. § 10 Applicable Law, Venue, Severability Clause 10.1. The law of the Federal Republic of Germany shall be applicable for all legal transactions or other legal matters related to the Pfahlbaumuseum Unteruhldingen. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental conventions, even after their inclusion into the German Law, are not applicable. With contracts for the purpose that does not apply to the vocational or commercial activity of the entitled customer (consumer), this right extends only in as much as protection is not granted by the applicable law and regulations of the State, of which the consumer generally is a resident. 10.2. In business relations with buyers and with legal entities and/or persons the jurisdiction for all arising disputes resulting from this contract will be Überlingen, Germany. We are also entitled to bring suit at the at the customer’s place of residence or business. 10.3. If any provision of this chapter or the application thereof to any person or circumstance is held invalid by the court of competent jurisdiction, the holding shall not affect other provisions or applications of this chapter, which can be given effect without that jurisdiction, or application. |
 |