Terms of trade
1. Territory
a) The following terms of trade comprise the solely valid terms of trade between you and me, Galerie d´Histoire - André Hüsken e. K., Ballindamm 13, 20095 Hamburg (registered in the Commercial Register Hamburg A 84558), exclusively effective business conditions as far as these are not amended by a written agreement between the parties.
b) Customers in terms of section 1.a) are consumers as well as entrepreneurs, whereas a consumer is any natural person who concludes a legal transaction for a purpose which can neither be attributed to his/her commercial nor freelance occupational activity. Entrepeneurs are each natural, legal entity or legal business partnership which enter a business relationship in order to practice a commercial or self employed professional activity.
c) The contract language is German.
2. Selection of Articles
a) You may select articles on my website and order them.
b) You can click the articles you want on my website. They are then collected in a virtual shopping cart. At the end of your purchase you receive a roundup of all ordered articles together with the all round price of the articles you ordered. Corrections can be provided via the common keyboard and mouse functions in the entry fields.
c) Before your order is dispatched you may check your order as regards content as well as amount and price and you may possibly correct it.
3. Conclusion of contract
The offering of my articles is no binding offer for my part. Not until you have ordered goods a binding offer acc. to § 145 BGB has been formed. If we accept this offer we will send you a confirmation of order via email.
4. Withdrawal
Right of withdrawal
You can revoke
your contractual declaration
within a period of 14 days in writing
(e.g. letter, fax, e-mail) without giving reasons or - if the goods
are surrendered to you before the deadline is over - by returning the
goods. The
period begins upon receipt of this notification in writing, but not
before receipt of the goods at the receiver and also not meeting our
information requirements pursuant to Section 246 §.2 BGB in
conjunction with § 1 Abs. 1 and 2 EGBGB as
well as our obligations under
Section § 312g Abs. 1 sentence 1 BGB in conjunction with Article 246
§ 3 EGBGB. In order not to exceed the
withdrawal time limit the timely
dispatch of the withdrawal or the goods
is sufficient.
The withdrawal has to be addressed to:
Galerie d’Histoire
André Hüsken e. K.
Ballindamm 13
20095 Hamburg
Germany
Telefon: +49 (40)
34 31 31
Fax: +49
(40) 35 41 03
Email:
galerie@andre-huesken.de
Consequences
of withdrawal
In the event of
effective withdrawal any mutually
received benefits are to be refunded
and possible benefits derived (e.g. interest) to be returned.
If you cannot
return the received services to us,
or if you can return the services only in part or in deteriorated
condition, you may have to compensate us accordingly.
For the deterioration of the item and benefits derived you have only to compensate us insofar as the the use or the deterioration is due to use of the goods which exceeds the verification of properties and functionality. "Checking of verification of properties and functionality" means testing and trying of the respective goods such as would have been possible for you e.g. in a retail shop.
Items suitable for delivery by parcel are to be returned at our risk. You account for the regular costs of return shipment if the goods in question are in a condition in accordance with what had been ordered and if the purchase price of the items to be sent back does not exceed 40 Euro or if in case of a higher price of the goods the customer has not yet performed the purchase price or any partial payment as agreed upon by contract at the time of revocation. Otherwise the goods can be returned free of charge. Items not able to be sent in a parcel shall be picked up. Obligations to refund payments must be met within 30 days. For you the period begins upon dispatch of your statement of revocation or of the goods and for us with its receipt.
End of the instruction about the right of withdrawal
5. Coverage of Costs in case of withdrawal
In case of withdrawal according to section 4 the customer accounts for the regular costs of return shipment if the purchase price of the items to be sent back does not exceed 40 Euro or if in case of a higher price of the goods the customer has not yet performed the purchase price or any partial payment as agreed upon by contract at the time of revocation unless the goods in question are not in a condition in accordance with what had been ordered.
6. Payment Terms
a) The purchase price is payable upon conclusion of contract. Delivery of the goods and payment are normally effected against cash on delivery or cash in advance, for well-known customers against invoice.
b) b) All prices mentioned on my website are quoted as final prices including the VAT valid in Germany, i.e. 7% resp. 16% until 31. Dec 2006 and 19% from 1. Jan. 2007. Articles which do not include any VAT on the invoice are subject to the differential taxation according to § 25a UStG. Deliveries into non-EU member states are non-taxable export deliveries according to § 4 No. 1a UStG.
7. Retention of Title
I reserve the ownership of all goods until they have been fully paid.
8. Delivery terms
Delivery of the goods will be carried out in the order of order inflow. Forwarding and packaging expenses incurred are charged extra and shown on the invoice. The ordered articles are insured by me up to their value.
9. Liability for defects
a) In general the liability for defects of the seller shall be determined in accordance with the legal regulations. Contrary to this the following applies:
aa) The limitation period for warranty claims by the customer is among consumers in newly manufactured things 2 years after delivery of the goods to the customer, things used in 1 year after delivery of the goods to the customer.
bb) In relation to entrepeneurs the following regulations apply: In principal the seller´s liability for defects of things used is excluded. The limitation period for warranty claims in newly manufactured things is in 1 year after transfer of risk. If the customer is a trader in terms of § 1 German Commercial Code, he/she must immediately upon receipt of the goods inspect these and shall immediately submit a notice of defects if needed. If he/she does not fulfill this obligation the goods are deemed to be approved. In case there is a defect the seller has the right to choose the kind of subsequent performance.
b) The above mentioned limitations of liability and limitation of claims in section 9.a) aa) and section 9.a) bb) do not apply to claims for damages and reimbursement of expenses according to section 10 which a customer can assert because of defects according to the statutory regulations. The applicable laws apply for these claims. Unaffected by above mentioned limitations of limitation of claims in section 9.a) bb) the requirement for resort of the corporate client absences acc. to § 145 BGB.
c) The catalogue descriptions are carried out in all conscience. All offered articles are, as long as not stated otherwise, contemporary originals from the respective epoch. Furthermore I guarantee a lifelong return privilege for originality if it transpires that an article is a forgery. I classify the preservation of the articles into the following categories:
in mint condition
without flaws, but traces due to old age
deficiencies due to old age
grave deficiencies or traces due to old age
10. Liabilty
a) Sellers liability is unlimited for damages of the customer caused by intentional or grossly negligent behaviour on the part of the seller, in case of malicious intent, for personal injury and damages according to the Product Liability Act in accordance with the legal regulations. This also applies for damages caused by vicarious agents.
b) Otherwise-as far as the seller is not liable because of any guarantee provided by Messrs André Hüsken, Galerie d´Histoire- liability for compensation claims shall be limited as follows: For damage caused by slightly negligent behaviour the seller shall only be liable for insofar as this is due to violation of essential contractual duties (cardinal obligations). Cardinal obligations are those obligations that enable the realization of the contract according to the rules in the first place and on whose observance the user regularly trusts. Sellers liability for damages for slight negligence shall be limited to the typically foreseeable damage according to this regulation.
c) The above mentioned limitations of liability in section 9.b) also apply for the benefit of the seller´s vicarious agents.
11. Validity and compliance with the legal requirements of §§ 86, 86a StGB
a) Messrs André Hüsken, Galerie d´Histoire affirm that the contemporary and military historic articles from the years 1933 - 1945 offered in the catalogue are solely offered for the purposes of civic clarification, for the defence of unconstitutional and constitution-hostile endeavours, for the academic and art historian research, for the clarification or coverage of the scenes of the events of the day or of the military historic and regimentals research (§ 86 a StGB). On placing his orders for articles furnished with emblems of the Third Reich the purchaser commits to purchase these articles solely for historic-scientific purposes for the above reasons and absolutely not to use them in a propagandistic way, particularly for the purpose of § 86 a StGB.
b) Batons, thrustings and hitting weapons are solely released to persons older than 18 years of age.
12. Final clauses
a) German law applies to the exclusion of the UN purchasing law. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country, or state, the customer normally resides in.
b) If the customer is a trader, legal entity under public law or a federal special fund under public law the exclusive place of jurisdiction for any disputes arising out of this contract shall be the location of our registered office. The same shall apply in case the customer does not have a general place of jurisdiction in Germany or the EU or where the customer's domicile or usual abode at the time the action is brought is unknown. The authority to also invoke the court of another legal jurisdiction remains unaffected hereof.
c) Should any provision of this contract be invalid or not comply with the legal requirements, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the parties, which comes economically closest to the one actually agreed upon.
d) You can print these terms with the print function of your browser or you can save the terms at your computer using the funtion "remember this page".
August 9th 2011
