Terms of sales
§ 1 General Information
- These General Terms and Conditions (GTC) apply to all contracts concluded via our online store between us, the
Galerie Jürgen Haering,
Marienstraße 13, 79098 Freiburg
Owner: Jürgen Haering
Telephone: +49 761 - 25330
Fax: +49 761 - 2927425
and you as our customer.
- The GTC apply regardless of whether you are a consumer pursuant to § 13 of the German Civil Code (BGB) (this is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity), or are an entrepreneur pursuant to § 14 BGB.
- The version of the GTC valid at the time of conclusion of the contract shall apply.
- We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
- The offers and article presentations do not constitute a binding offer. Only your order is a binding offer, which we can accept.
- By sending an order via the online store by clicking the button "order subject to payment", you place a legally binding order. You are bound to the order for a period of two weeks after placing the order. Your right to revoke your order, which may exist according to § 10 GTC, remains unaffected by this.
- We will confirm the receipt of your order placed via our online store by e-mail.
- A contract is only concluded when we accept your order and send you an invoice.
§ 3 Data Storage
§ 4 Prices and shiping costs
- All listed prices are final prices in Euro and do not include shipping costs. All goods are subject to differential taxation. VAT is included in the price and is not deductible.
- The shipping costs incurred will be calculated separately. The amount of the incurred shipping costs is displayed in the order mask and shown when ordering.
§ 5 Payment
Unless otherwise agreed, the goods will only be shipped against advance payment.
The following payment methods are available:
- Credit Card (Visa, MasterCard)
- SEPA bank transfer
§ 6 Shipping / Delivery
- For all deliveries abroad, also to countries of the European Union, an export license is required. This will be applied for by us. There are no additional fees for you. The issuance of an export license usually takes between one and two weeks.
- For the delivery a shipping fee will be charged, which will be displayed in the order mask and shown when ordering. The indicated packing dimensions are estimated and may differ from the final packing dimensions.
Delivery within the European Union is made with DHL, unless otherwise specified. Delivery to Italy and third countries is made with FedEx.
- The delivery within Germany takes place at the latest within 1 week from receipt of payment. In advance, the customer receives immediately a message about the receipt of payment.
- For deliveries abroad, the customer will be notified of the granting of the export license. Within 1 week after issuance of the export license the goods will be shipped.
§ 7 Reservation of proprietary rights
The delivered goods remain our property until full payment of the purchase price.
§ 8 Offsetting, rights of retention
The purchaser may only offset claims if the counterclaims have been legally established or we have not disputed these claims. A right of retention is only given insofar as the counterclaim is based on the same contractual relationship.
§ 9 Warranty / Liability
- We guarantee that the objects we offer are genuine antiques.
All descriptions and attributions are made to the best of our knowledge and belief.
- We are liable to customers in accordance with the applicable statutory warranty provisions.
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the warranty period shall be 1 year.
- The warranty expires if the customer changes the delivered goods.
- We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions. For damages resulting from injury to life, body or health of persons, which are based on a negligent or intentional breach of duty, we are liable without limitation, regardless of the degree of fault.
In other cases, we shall only be liable for slight negligence in the event of a breach of material contractual obligations. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely. In this case, liability shall be limited to the foreseeable damage typical for the contract, the occurrence of which we had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time.
This limitation of liability shall also apply in favor of our vicarious agents.
- If the customer is an entrepreneur, he bears the risk of damage or loss of the object during shipment.
§ 10 Right of withdrawal for consumers
The following right of withdrawal is only available to consumers.
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, Galerie Jürgen Haering, Marienstraße 13, 79098 Freiburg, telephone number: +49 761 - 25330, e-mail address: firstname.lastname@example.org, by means of a clear declaration (e.g. e-mail or letter sent by post) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For the repayment, the same means of payment will be used that the customer used for the payment. A different agreement may be made. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
§ 11 Model withdrawal form
(To declare your revocation, you can use this form and fill it out and send it back to us).
Galerie Jürgen Haering
Telephone: +49 761 - 25330
I/We (*) hereby revoke
the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*) / erhalten am (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete where inapplicable
§ 12 Copyrights
All texts, photos and graphic designs used on this website are protected by copyright.
§ 13 Miscellaneous
- The contract language is German and English.
The German version shall be authoritative for the interpretation of the Terms and Conditions.
- The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/
We are not willing and not obliged to participate in a dispute resolution procedure of the consumer arbitration board.
- If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising in connection with contracts between you and us.
- Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
- If you are a consumer, mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
- If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.