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.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 suppliers risk
Shipment shall take place at sellers 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 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 vocational 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
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 personal details of the customer acquired during
login and ordering are stored and used by us
exclusively for the processing of such order. In
particular, we shall not
pass these details on to any third parties.
Customers consent shall be deemed to have been given
upon placement of order.
§ 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.
§ 12 Ineffective clauses; place of jurisdiction; OS
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 (OS platform)
at EU level.
For consumers in the EU, there will be a platform
for online dispute resolution (OS). The OS 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: OS-Plattform
Our email address is: info@ansichtskarten-center.de
§ 13 Applicable law
The conclusion and processing of all contracts shall
be governed by German law.
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