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General Terms and Conditions
General Terms and Conditions (GTC)
§ 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.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 seller’s price statement
2.2: Article is no longer available at seller’s
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 include currently applicable value-added tax of 7% for historical, philatelic documents, books, graphics and works of art, and 19% for other goods and services. 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 only possible in exceptional cases and after consultation. Buyer is informed via e-mail about shipping costs and options after the processing of 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 consumer’s 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 4 weeks, consumers may revoke their orders in writing (e.g.: Letter, fax, e-mail) without stating any reasons, or by returning the item. This period shall begin upon receipt of this instruction at the earliest. For the observance of the period, the timely dispatch of the revocation or the item shall suffice.
The revocation shall be addressed to:
Ilona Beyer Hauptstr. 40 79591 Eimeldingen Phone: 07621 - 1639370 Fax: 07621 - 1639371 e-mail: info@ansichtskarten-center.de
In case of an effective revocation, the mutually received services are to be returned, and possibly drawn enjoyments (e.g. interest) to be surrendered.
If the buyer is unable to return all or part of the services received, or can return them only in an impaired condition, buyer shall pay us a compensation for such value, even if such impairment occurred as a result of the intended use of the goods.
This shall not apply to the transfer of items, if the impairment of such item is exclusively due to the examination thereof – as it would have been possible e.g. for a customer in a shop. Otherwise the customer can avoid the obligation to compensate value by not using the items like the owner thereof and by refraining from anything which impairs their value.
Items transportable by parcel freight are to be sent back. If goods up to a total order value of EUR 40.00 of a delivery are returned, the customer shall bear the shipping costs for such return, if the goods supplied correspond to the ones ordered. Otherwise the return shall be free of costs for the buyer. The goods are to be sent to the stated address and sufficient postage shall be paid in any case. Any additional costs incurred due to carriage forward shipping will be charged to the consumer. The postage costs incurred, as far as such costs are to be borne by seller, shall be reimbursed within 30 days.
§ 8 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.
§ 9 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. Customer’s consent shall be deemed to have been given upon placement of order.
§ 10 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.
§ 11 Ineffective clauses; place of jurisdiction
(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.
§ 11 Applicable law
The conclusion and processing of all contracts shall be governed by German law.
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