General Terms and Conditions of Business and Delivery
Between Galerie-Gerdes / René Gerdes
Am Hangelstein 11
65812 Bad Soden
Tel: 01731858523
E-Mail: info@galerie-gerdes.com
Umsatzsteuernummer: DE319098222
Tax office: Hofheim (Taunus)
1 Scope of application
The following General Terms and Conditions apply exclusively to the business relationship between the customer and René Gerdes. The version used by René Gerdes at the time the order is placed on this website is authoritative. Any terms and conditions deviating herefrom shall only become part of the contract if René Gerdes has agreed to their validity in writing.
2 Definitions
If and insofar as the following provisions refer to purchasers, these are provisions that apply to any type of order, irrespective of the person of the purchaser. A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. If and insofar as reference is made to the consumer, this refers to the consumer within the meaning of §§ 13 of the German Civil Code. According to this statutory provision, consumers are natural persons and civil law companies if the order is placed outside their commercial or independent professional activities.
3 Conclusion of contract, delivery
The contractual offer of René Gerdes is subject to change. There is no obligation to deliver. The order is placed by submitting the order online. As a rule, René Gerdes accepts the order in writing.
4. reservation of title
The ordered goods remain the property of René Gerdes until all claims to which René Gerdes is entitled against the respective Customer - also on the basis of another legal relationship - have been settled in full.
5 Prices, terms of payment, mode of dispatch
The purchase price is due immediately upon conclusion of the contract. Subject to the following provisions, payment shall be made in advance. Furthermore, deliveries will only be made to traceable order addresses. The claim is only fulfilled when the amount has been credited to the account of René Gerdes.
6. shipping costs
The shipping costs are to be paid by the customer in addition to the purchase price. In the event of exercising the right of withdrawal, the rules described in the right of withdrawal apply to the shipping costs. (See point 11. Cancellation policy for consumers)
7 Delivery times
The goods will be dispatched within 40 days of receipt of the order (in the case of advance payment after the payment amount has been credited).
8 Offsetting, right of retention
The customer may only offset recognized or legally established counterclaims. The customer shall only be entitled to exercise a right of retention in the case of counterclaims arising from the same legal relationship.
9. liability for material defects, limitation of claims for defects
The statutory provisions shall apply, however with the restriction that in the case of used articles the consumer s claims for defects shall lapse within one year. The items on offer show signs of wear and tear due to age and use. These are already taken into account in the price and described with the respective item. They do not constitute defects and do not entitle the buyer to exercise warranty rights. As antiquarian and antique items are generally individual items, subsequent delivery is only possible in exceptional cases.
10. further liability
René Gerdes is not liable for consequential damages, in particular liability for loss of profit and other financial losses is excluded. The same applies to the liability of vicarious agents, employees and representatives of René Gerdes who have been employed by René Gerdes in the performance of the contract. Liability for personal injury that has occurred remains unaffected by these restrictions, as does liability for intent and gross negligence. Likewise unaffected remain claims of the customer from §§1.4 of the Product Liability Act as well as claims from assumed warranty obligations and guarantees for the quality of the goods.
11 Cancellation policy for consumers
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Cancellation policy & cancellation form
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:
A. Cancellation policy
Right of withdrawal
You have the right to withdraw from 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, took possession of the last goods. To exercise your right of withdrawal, you must contact us at
Rene Gerdes
Am Hangelstein 11
65812 Bad Soden
Bad Soden, Germany
Phone: 0173 1858523
E-mail: info@galerie-gerdes.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 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.
Consequences of withdrawal
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
B. Withdrawal form
If you wish to cancel the contract, please complete this form and return it to us.
To
Rene Gerdes
Am Hangelstein 11
65812 Bad Soden
Bad Soden, Germany
Phone: 0173 1858523
E-mail: info@galerie-gerdes.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
__________________________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only for notification on paper)
_________________________
Date(s)
(*) Delete as appropriate
