General Terms and Conditions

As of: 01/05/2019

§ 1 Scope of application

For the business relationship between Kulturprojekte Berlin GmbH (hereafter Kulturprojekte) and the customer, the following general terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognised by Kulturprojekte unless Kulturprojekte confirms them in writing.

§ 2 Ordering process & conclusion

The customer can use the online shopping cart system to place a binding order by placing the goods intended for sale in the “shopping cart”. Using the corresponding “shopping cart” button in the navigation bar, the customer can call up the “shopping cart” at any time and make changes there, adding goods from the shopping cart as well as removing them from the shopping cart.

After clicking on the “Order” button, you will be asked to enter your personal data, including the delivery and billing address, and to read and agree to the general terms and conditions as well as the withdrawal policy. By clicking on the button “Order now (payment required”, you send the order to Kulturprojekte. This represents the conclusion of a purchase agreement. You will receive an automated order confirmation via e-mail.

A purchase contract is only concluded with persons who have already reached the age of 18 years. The contractual partner for any order transaction is Kulturprojekte Berlin GmbH, Klosterstraße 68, 10179 Berlin.

§ 3 Prices & terms of payment

The prices for deliveries of goods listed on the website of Kulturprojekte Berlin GmbH are final prices and include the statutory VAT. If publications or other goods are out of stock at the time of ordering, claims for damages remain excluded for this reason.

The purchase price and any applicable shipping costs are due upon invoicing. Kulturprojekte Berlin GmbH reserves the right, in particular in cases in which open invoices are already in the dunning process at the time the order is received, to demand a prepayment equal to the value of the order.

When ordering online at www.kulturprojekte.berlin only purchase by invoice is possible. For new customers, there is a maximum limit of 50.00 EUR gross up to which the purchase is possible. In the case of an order from abroad, it must be prepaid. It must be paid within seven days of order. The article(s) will be sent to the customer only after crediting of full purchase price plus shipping costs. If the prepayment has not reached our account within a further seven days after receipt of a payment request despite maturity, Kulturprojekte will automatically withdraw from the purchase contract. Any costs for a money transaction must be borne by the customer.

The following account has to be used for transfers:

Kulturprojekte Berlin GmbH

Berliner Volksbank

IBAN   DE18 1009 0000 8261 1860 05

BIC      BEVODEBB

 

In case of late payment, the reminder fees will be calculated as follows:

1. Step: Payment reminder,

2. Step: First reminder plus 5 EUR reminder fee,

3. Step: Second reminder plus 10 EUR reminder fees

 

Special conditions can be arranged according to custom agreements with return customers. 

§ 4 Withdrawal policy

Withdrawal

You have the right to withdraw from the contract, within fourteen days from the day on which you or a third party named by you has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Kulturprojekte Berlin GmbH) of your decision to withdrawal from this contract by means of a clear statement (eg a letter sent by post, fax or e-mail). In order to meet the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

You must return or hand over the goods to us immediately and in any event within fourteen days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods.

You are no longer bound by the purchase contract if you withdraw from the contract before the deadline. Kulturprojekte shall reimburse you the already paid purchase price within 4 Weeks from the day on which the goods are received by us. Only unused, undamaged goods in original condition will be taken back. For this reimbursement, we use the same form of payment that you used in the original transaction.

§ 5 Delivery & shipping costs

Unless otherwise agreed, delivery will be made to the delivery address stated by the customer. If the ordered goods are not available, the customer will be informed immediately. The purchase price already paid will be reimbursed.

Upon payment, plus shipping costs, a one-time fee of 4.00 EUR per order will be charged for the complete shipment.

European and non-European orders abroad and shipping to a non-EU state are subject to reservation; the official prices of Deutsche Post AG www.deutschepost.de apply. The shipping costs are shown separately on the invoice. In the event of shipments to countries outside Germany, there may be export restrictions and import duties or taxes which the customer has to bear. Similarly, in this case, due to the longer shipping route, the delivery date cannot be determined exactly.

§ 6 Offsetting, retention

A right of offsetting is only available to the customer if their counterclaims have been legally established or are undisputed by Kulturprojekte. Furthermore, they are only authorised to exercise a right of retention insofar as the customer's counterclaim is based on the same contractual relationship.

§ 7 Reservation of title

The delivered goods remain the property of Kulturprojekte until full payment. 

§ 8 Liability for defects

If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims by the customer is excluded. If Kulturprojekte negligently violates a contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage. The customer is obliged to return the damaged delivered goods within 14 days after order to Kulturprojekte at the expense of Kulturprojekte. After examination of the claim, the replacement will be provided by Kulturprojekte. The limitation period is twenty-four months from delivery. 

§ 9 Assignment

We reserve the right to assign or pledge to third parties your due purchase price claims incurred in connection with deliveries of goods including any instalment rates and fees.

§ 10 Data protection

(1) By registering, you consent to the storage, processing and use of the personal data provided to us during the ordering process for contractual purposes and on the basis of Privacy Policy.

(2) We comply with all legal data protection regulations and use your data only for the purposes for which you have authorised us to use the data. The data received in connection with the business relationship will be processed, stored, evaluated and used within the meaning of data protection laws. We use your personal data to process the orders and any complaints. Furthermore, we only use your e-mail address for messages regarding orders and contracts.

(3) It is our policy to treat your information as strictly confidential. In principle, we do not share your data with third parties. This is the case except for purposes of invoicing with Kulturprojekte Berlin GmbH.

§ 11 Use of cookies

The user agrees that Kulturprojekte Berlin GmbH may support the registration and the use of its service through the use of so-called cookies. These are temporary cookies for self-interest, which are only stored for the duration of the session, i.e. for a maximum of 180 minutes.

§ 12 Liability

Kulturprojekte Berlin GmbH excludes liability for slightly negligent breaches of duty, as far as this does not concern guarantees or essential contractual obligations, i.e. obligations whose fulfilment makes the proper execution of the contract possible in the first place and whose compliance the contracting party regularly can and does trust in, and does not concern damages caused by injury to life, limb or health, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.

§ 13 Applicable law and jurisdiction

The law of the Federal Republic of Germany applies excluding the UN sales law. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the court having jurisdiction over our company headquarters in Berlin.

§ 14 Final provisions

Should one or more provisions of these general terms and conditions be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of the remaining general terms and conditions. Invalid provisions shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements.

German law applies.

 

As of: May 2019

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