General Terms and Conditions of Sale

1. Scope and field of application

Orders placed through our online shop by both private and business customers are subject to the following terms and conditions.

Private customers are all natural persons who perform a legal transaction for purposes which are not predominantly attributable to either their commercial or their independent occupational activity. Business customers are all natural or legal persons or partnerships with legal capacity which, when performing a transaction, act in the exercise of their commercial or independent occupational activity.

In the case of business customers, these terms and conditions shall also apply to future business transactions without our having once more to refer to these terms and conditions. Should business customers make use of contradictory and/or supplementary terms and conditions, the validity of these is herewith disputed; they do not form part of the contract unless we expressly agree to them.

2. Contracting parties and conclusion of contract

The purchase contract is entered into with Brück & Sohn Fine Arts Publishers.

By placing our products in our online shop, we make a binding offer for these products. Customers can first of all put products into their shopping basket without any obligation and are able, before sending off a binding order, to correct the contents of their basket at all times, using the available correction options (which are fully explained) during the ordering process. The contract is concluded as soon as customers accept the offer to purchase the products contained in the shopping basket by clicking on the ‘Order’ button. Immediately after the order is sent, customers receive a further confirmation of the order by email.

3. Contract language and digital storage of contract text

The language used for concluding the contract is German.

The text of the contract is digitally stored, and customers receive the details of their order by email, along with a copy of our Terms and Conditions. Customers are thus able at all times to read, as well as download, our Terms and Conditions at this place. Customers can also gain access to their previous orders by selecting the ‘Customer Login’ link.

4. Terms and conditions of delivery

In addition to the purchase price, customers must pay delivery costs for the products ordered. For details of these charges, see the ‘Dispatch and Delivery’ section.

Business customers are charged a handling fee of €5 for small orders of under €50 (excluding VAT). Please take note of our packaging units.

It is also possible in principle for all customers to collect in person the products they have ordered from Brück & Sohn Fine Arts Publishers, Burgstrasse 1, 01662 Meissen, Germany at the following hours of business: Monday to Friday, 8am to 3pm.

5. Payment

The following methods of payment are generally available:

Payment in advance

If this method of payment is chosen, Brück & Sohn will provide the customer with its banking details in a separate email. The goods will be delivered on receipt of payment.

Credit card

When placing an order, the customer provides Brück & Sohn with his or her credit card details. Immediately after the order has been placed and on verification of the customer as the authorised cardholder, Brück & Sohn will instruct the credit card company to initiate the payment transaction. This is carried out automatically by the credit card company, and the customer’s card is charged.

SEPA direct debit

When placing an order, the customer provides Brück & Sohn with a SEPA direct debit mandate. Brück & Sohn informs the customer of the date on which his or her account will be debited (so-called prenotification). On receiving the mandate, Brück & Sohn will instruct its bank to initiate the payment transaction. This is carried out automatically, and the customer’s account is debited.

Customers’ accounts are debited after they have received the goods.

The period of time within which customers must be informed of the date on which their account will be debited (the so-called prenotification period) is no less than 10 days.

PayPal, PayPal Express

During the ordering process the customer is referred to the PayPal online payment system. In order to pay the amount due by PayPal, customers must be registered users or must register first of all with PayPal. After validating their access data, they confirm their payment order to Brück & Sohn. When the order has been placed in our online shop, we instruct PayPal to initiate the payment transaction. Further instructions are given during the ordering process.

The payment transaction is carried out automatically by PayPal immediately afterwards.

Invoice

Business customers: within 8 days, 2% discount; 30 days net (in Germany)

Business customers: within 10 days, 2% discount; 30 days net (in Austria and Switzerland)

Private customers: within 14 days without deduction

Payment in cash on collection

Customers pay the full invoice amount in cash on collection.

6. Retention of title

Brück & Sohn retains title to all goods purchased until payment for them has been made in full.

For business customers the following provisions apply additionally: Brück & Sohn retains title to the goods purchased (hereafter: goods under retention) until all claims resulting from a current business relationship have been met in full. Business customers are entitled to resell the goods under retention in the normal course of their business; however, they assign to us all claims arising from this resale – irrespective of whether the goods under retention are combined or mixed with other goods – to the amount of the invoice sum, and Brück & Sohn will accept this assignment. Business customers remain entitled to recover their claims; however, Brück & Sohn is also entitled to recover its claims as long as customers fail to fulfil their payment obligations.

7. Warranty and guarantees

Statutory warranty rights apply. Customers will find information about possible additional guarantees and the precise terms of these either together with the relevant product or on special information pages in the online shop.

Should customers discover quality defects in spite of our great efforts to produce goods of the highest quality, we request that they describe the defects in an email to us (info@brueck-und-sohn.de) or by telephone (03521 45286). If the complaint is justified, customers will immediately receive a replacement free of charge.

8. Code of conduct

We have submitted ourselves to and comply with the following code of conduct:

Trusted Shops quality criteria:

http://www. trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

9. Dispute resolution

The European Commission provides a platform for resolving disputes online. It is to be found at: http://ec.europa.eu/consumers/odr/

Brück & Sohn is neither obliged nor prepared to participate in dispute settlement proceedings before a consumer arbitration board.

10. Final provisions

If the customer is a private company, these Terms and Conditions of Sale are governed by the law of the Federal Republic of Germany under exclusion of UN sales law (CISG: United Nations Convention on Contracts for the International Sale of Goods).

If the customer is a business person as defined by the German Commercial Code, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from our contractual relationship is our registered office in Meißen.

General Terms and Conditions of Sale

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