General terms of business
Galerie & Kunsthandel Bergmann
|1. Validity of our vommercial condition
|The following conditions regulate exclusively the legal relationship between Galerie & Kunsthandel Bergmann (in the other sender) and the customer.
Standing in the way or from these conditions divergent conditions of the customer are not recognized. Except managers with comprehensive representation power nobody is authorized with the sender, verbal or to complement in writing these Terms and Conditions
|2. Realization of the contract
|The contract between the sender and the customer comes about on the one hand by transmission of the order (application) by fax, post, e-mail, Internet form, or phone, on the other hand by explicit confirmation of order of the sender or
Additional changes of the order already received by the sender are possible only on the goodwill way if the order is not yet ready for sending.
|3. Payment terms and prices
|The sender receives for the deliveries to be produced on account of the concrete order and achievements from the offer valid with the order evident reimbursement.
The reimbursement is by the home payable by calculation (not for first customers), cash on delivery, PayPal, credit card (American express train, visas or euro / Mastercard), by precash by transmission of a crossed check free of charge and free for the senders
The dispatch in the foreign country occurs only against precash by postal order (cash order to pay) or transfer to our account or by payment with visas or euro of MasterCard (see "foreign dispatch"). Goods traffic certificates for value added tax.
Swift / BIC:
|4. Dispatch and delivery
|All dates of delivery called by the sender or completion appointments are non-binding appointments, unless an appointment is agreed expressly in writing bindingly.
If the disregard of an obliging appointment on higher power, labor dispute, fire, unforeseen obstacles or other of the sender circumstances to be represented is not to be led back, the term of delivery becomes for the duration of these events
For the case of the achievement prevention of more than one month senders and customers are entitled to withdraw with regard to the goods located in delay from the contract. By disregard of the date of delivery or delays for other reasons
The following forwarding expenses result:
Dispatch-all-inclusive and packing charges-all-inclusive of 9 Euro nowadays.
Express train dispatch by the home about our express train service:
Dispatch-all-inclusive and packing charges-all-inclusive of 9 Euro nowadays plus express train surcharge of 50 Euro.
COD charge dependent on post of 4 Euro.
Dispatch-all-inclusive and packing charges-all-inclusive of 19 Euro nowadays in European lands.
Dispatch-all-inclusive and packing charges-all-inclusive of 25 Euro nowadays in the USA and Canada
The delivery in all the other lands occurs only after previous inquiry.
They can effect your cash in advance payments on our account:
IBAN: Swift / BIC:
under receiver Galerie & Kunsthandel Bergmann, at the Postbank Hannover.
The customer is obliged to examine the product with the arrival immediately and to announce recognizable damages in transit as well as any damage of the packaging immediately to the respective transportation company (post, UPS etc.) and in writing
|5. Cancellation right
|If the customer is a consumer, he can revoke his order up to two weeks on receipt of the product without grounds. For the protection of the term the timely sending of the cancellation or or the articles is enough to the abovementioned address
The customer has to carry the regular costs of the return on articles with a goods value to 100 Euro, with returns about this value we send you moreover with pleasure a Free Way sticker. The customer has to the return üblic
|6. Retention of title
|The delivered product remains up to payment of all, originating demands from the business connection a property of Galerie & Kunsthandel Bergmann. Up to entire payment the product remains our property.
|7. Restriction of liability
|With light carelessness the sender sticks only for the injury of contract-essential duties (cardinal's duties). For the rest, is the precontractual, contractual and external-contractual liability of the sender on intention, coarse carelessness and
The restriction of liability also applies to the personal liability of fulfilment assistants or assistants of the sender.
The presentations necessary to the placing of order can be transmitted only by post. The customer guarantees that the presentations injured no protective rights of third (e.g., brands, business names, copyrights etc.). With the placing of order
|The sender guarantees that new goods own the expressly assured qualities at the time of the handing over the transportation company (danger crossing) and are not normally afflicted with defects, they the value or the suitability to
The guarantee encloses no defects which originate from usual wear, external influence or operating errors. The guarantee is cancelled, as far as the customer changes the purchase thing without approval of the sender or allows to change by third
The Federal Supreme Court has clarified with his judgment from the 02.06.2004 - VIII ZR 329/03 - in the matter of burden of proof for material defects that the customer remains liable to proof for the presentation of a material defect also in the guarantee term. That is: The salesclerk must go only
It is worth the legal guarantee term.
The customer has to reprimand evident defects within 10 days with the sender, timely sending was enough. In the business business dealings it is necessary that the business customer his after §§ 99 377, 378 HGB determined
The defective product should be packed for the free from problems treatment together with a very precise description of the lack and a purchase proof properly, be sent back possibly original-packed, to the sender. For on account of not
The sender is entitled for the fault removal after own choice to the finishing touches or to the spare delivery. If the sender is not able for the finishing touches or spare delivery ready or not, or the finishing touches or spare delivery hit
The sender will seize with as faultily to sent goods always immediately measures for the fault removal. Turns out that the reprimanded defects are not enclosed by the guarantee, the fault removal will still correspond against
Information and representations in the catalog, on the Internet, in the manual, in the documentation and/or in advertising materials is non-binding.
|9. Data protection
|All personal data are treated basically confidentially. The data necessary for the commercial winding up are stored exclusively with us.
Further address data and order data are raised until revoked exclusively for own marketing purposes and are processed. With the data processing your protective-worthy interests are taken into consideration according to the legal regulations.
Tip: They can to the use or processing of your data for marketing purposes any time by communication of us, contradict or your approval recant. On receipt of your contradiction or cancellation we do not become the data affected from this
|The sender is to be used entitled commissioned works of the customer until revoked for own marketing purposes. They can revoke the use any time by communication of us.
|11. rent paintings
|For the renting of pictures decisive Mietvertag is provided individually between the tenant and render.
|Should single regulations of these general terms of business be ineffective all or part or become, this does not touch the validity of the remaining regulations. Rather that steps to the place of the trifling regulations, what to him
If the customer is a businessman for the purposes of the HGB, juridical person of the public right or public law special property, Marienhagen exclusive legal venue is immediate for everything from the contractual relationship and is proved to be indirect
It is worth German right and the validity of the uniform international purchase right (UNCITRAL agreement) is excluded.