§ 1 Scope
The GTC below apply to the business relationships between the ordering party and Ilona Beyer through the internet pages of www.ansichtskarten-center.de / www.ansichtskarten-center.at / www.ansichtskarten-center.ch / www.AK-Center.de / www.Postcards-Center.com .
§ 2 Conclusion of contract & cancellation
By ordering via Internet, you enter into a legally binding contract according to the German Civil Code (BGB). Ilona Beyer will accept your order usually by sending an order confirmation or an invoice. If the contract was concluded on account of an error, the same may be terminated within 4 weeks stating the corresponding reasons. This applies both to seller and buyer alike.
Examples of errors are:
2.1: Errors in sellers price statement
2.2: Article is no longer available at sellers
2.3: Inaccurate article description
2.4: Purchase by mistake
Moreover, in case of a substantiated violation Ilona Beyer shall be entitled according to Section 86a German Penal Code (StGB) to cancel the sale unilaterally.
§ 3 Prices, terms of payment
The purchase prices shall be due and payable upon conclusion of the contract. The dispatch shall occur exclusively against payment in advance. The payment shall be effected via bank transfer. The prices are according to § 25a VAT Tax Act (UStG) for collectors' items without separate disclosure of VAT. The prices stated do not include packaging and postage.
§ 4 Shipping expenses and supplier's risk
Shipment shall take place at seller's risk. The risk shall pass from seller to buyer upon the physical delivery of the ordered goods. Shipping costs shall be borne by buyer in addition to the purchase price and shall be determined according to the value and weight of the goods. In case of transport damages or goods not arriving, buyer shall receive a reimbursement of purchase price or, after consultation, an equivalent replacement.
Collection on site is not possible. Buyer is informed about shipping costs and shipping options while processing the order.
The goods will not be dispatched until the purchase price has been credited to the account of Ilona Beyer. After such credit of the payment amount, the goods shall be dispatched immediately within 1-3 work days. Due to the external processing times of banks and the postal service, delivery may take up to 12 days in individual cases.
§ 5 Terms of delivery
(1) Delivery shall be performed through shipment ex stock to the address specified by the customer.
(2) Any statements of delivery periods shall be non-binding unless the delivery date as an exception has been confirmed in writing in a binding manner.
§ 6 Reservation of ownership
Up to the complete settlement of all claims, which Ilona Beyer may have against the respective ordering party also due to any other legal relationships the goods shall remain the property of Ilona Beyer.
§ 7 Instructions on on consumers right to revoke
(1) If buyer is a nonfirm (consumer/in the sense of Section 13 of the German Civil Code), buyer is entitled to a right to revoke. According to this legal provision, such consumers are natural persons and civil code companies placing their orders outside of their commercial or self-employed ocational sphere of activities.
(2) If the buyer is an enterprise, buyer shall have no right to revoke or return according to Section 312d BGB in connection with Sections 355,356 BGB. For customers collecting their goods at our premises, the revocation according to Section 355 BGB shall be excluded, in particular.
(3) Within 14 days, consumers may revoke their orders in writing (e.g.: Letter, fax, e-mail) without giving any reasons. 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 goods.
To exercise the right of withdrawal, you must inform us
Ilona Beyer
Hauptstr. 40
79591 Eimeldingen
Phone: 07621 - 1639370
Fax: 07621 - 1639371
E-mail: info@ansichtskarten-center.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 at the end (page 2), 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.
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.
§ 8 Liability for defects
It applies the statutory determination of the liability for defects. The further detail result in the individual provisions of the Sale of Goods in §437, § 634 BGB. Upon receipt, the customer must inspect the goods immediately for defects and condition. In case of open defects these must be announced within 10 days after discovery in writing to us, also hidden defects. Otherwise you lose the liability for these defects.
§ 9 Unconstitutional and propagandistic symbols
As long as the visitors of our homepage do not utter anything to the contrary, they confirm that they shall purchase any images as well as symbols & items contained therein from the period of the Third Reich solely for purposes of civic education, defence of unconstitutional and anti-constitutional endeavours, scientific and art historical research, education or reporting on the events of the time, or military historical or uniformological research. (Section 86a StGB). In case of any reasonable suspicion of a customer considering any unconstitutional intentions with their purchase, Ilona Beyer shill rescind such purchase applying Section 2 of these GTC, and shall notify the Public Prosecution Department.
§ 10 Data protection
The contract and invoice data of the purchase contract are stored by us within the legal storage periods and are made available to the consumer on request.
According to § 28 of the Federal Data Protection Act (BDSG) we draw your attention to the fact that the personal data collected during registration and ordering are stored and used by us exclusively for the processing of the ordering process. We do not pass on the data to third parties. The consent is deemed to have been given with the task of placing the order.
For further information on data protection, please refer to our Privacy Policy
§ 11 Packaging regulation
According to the provisions of the packaging regulations, we are obliged to take back any packaging of our products not bearing a sign of any area-wide disposal system (such as Grüner Punkt of Duales System Deutschland AG or the RESY symbol), and to provide for the recycling or disposal thereof. For further clarification, please contact us concerning such products. We shall advise you of a communal collection point or a disposal company in your vicinity, which will accept such packaging free of charge. If this is not possible, you have the option of sending us the packaging material. Such packaging material will be reused by us or disposed of in compliance with the provisions of the packaging regulation.
According to § 9 Abs. 1 VerpackG we are registered at the packing register LUCID
§ 12 Ineffective clauses; place of jurisdiction; ODR platform
(1) If one or several of the regulations of these GTC be ineffective, this shall not result in the ineffectiveness of the entire contract. The ineffective regulation shall be replaced with the relevant legal provision.
(2) If customer is a merchant, a public law body or special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Lörrach. The same shall apply if the customer does not have any general place of jurisdiction in Germany, a customer has moved its residence or habitual abode abroad after the conclusion of the contract or its residence or habitual abode is unknown at the time of bringing the action.
(3) online dispute resolution platform (ODR platform) at EU level.
For consumers in the EU, there will be a platform for online dispute resolution (ODR). The ODR platform is since 01.09.2016 in operation and will be made gradually accessible. It will be accessible for consumers and distributors from 15.2.2016 at:
ODR platform
Our email address is: info@ansichtskarten-center.de
§ 13 Applicable law
The conclusion and processing of all contracts shall be governed by German law.
March 2019 |