General Terms and Conditions of Sale ("GTC") of the Michel Majerus Estate Online Shop ("Online Shop")


1.    General information

1.1.   The following provisions shall apply exclusively in the version valid at the time of the order for all online orders via the website www.shop.michelmajerus.com (hereinafter referred to as "website") and all contracts concluded via the online store between its Provider, the

neugerriemschneider GmbH
Linienstrasse 155
10115 Berlin
represented by the managing directors Tim Neuger, Burkhard Riemschneider
registered in the commercial register of the district court Berlin (Charlottenburg)
Registration number: HRB 79207
VAT Identification No. DE 813197826
phone number: +49 30 288 77277
fax number: +49 30 288 77278
Email address: mail@neugerriemschneider.com

and the ordering individual / entity (hereinafter referred to as "Customer"). The General Terms and Conditions shall apply irrespective of the Customer's status as a consumer, entrepreneur, or merchant.

1.2.     All agreements made between neugerriemschneider GmbH (hereinafter: "Provider") and the Customer in connection with the purchase contract are based on these terms of business, the order confirmation and the declaration of acceptance.

1.3.     The version of the General Terms and Conditions of Business valid at the time of the order shall be authoritative in all cases. The validity of the Customer's terms and conditions of purchase or other general terms and conditions of business is hereby expressly rejected.

2.    Order and conclusion of contract

2.1.     The products listed on the website merely represent an offer to the Customer to submit an offer to the Provider to conclude a sales contract for the delivery of products with his order. Only by placing the order via the online store does the Customer submit a binding offer, which is aimed at the conclusion of a sales contract for the products contained in the shopping cart.

2.2.     The Customer is bound to his order for a period of 2 (two) weeks after its submission. The right of revocation to which consumers are entitled according to clause 3 remains unaffected. By placing the order, the Customer acknowledges these terms and conditions as solely authoritative for the legal relationship with the Provider. The conclusion of the contract itself only takes place with the acceptance of the order by the Provider.

2.3.     The Customer will be informed immediately by email about the receipt of the order in the online store. This email does not constitute a binding acceptance of the order, unless the acceptance is declared at the same time as the confirmation of receipt. A contract with the Provider is only concluded when the order is confirmed by a declaration of acceptance or by the delivery of the ordered products.

2.4.     Deliveries shall be made exclusively within Germany and in member states of the EU.

2.5.     In the order step "Checkout" the Customer is requested to enter the data necessary for the processing of the order. This includes the full name, the exact delivery and invoice address, a telephone number where someone can be reached for any queries regarding the order, and the Customer's email address to which the order confirmation and invoice can be sent. Before the final chargeable dispatch of the order, the Customer can view and check it once again in full. By clicking the button "complete order" the Customer makes a binding offer to conclude a purchase contract for the delivery of the products in the shopping cart. However, the order can only be transmitted to the Provider if the Customer has previously accepted these terms and conditions by clicking the box "I agree with the terms and conditions" and has thus included them in his offer to conclude a purchase contract.
 

3.  Right of revocation

3.1.    If the Customer is a consumer, i.e. a natural person who places the order for a purpose that can be attributed neither to his commercial nor self-employed professional activity, the Customer has a right of revocation in accordance with the statutory provisions, about which the Provider provides information in Section 3.2 below. A sample revocation form is provided in section 3.3. If the Customer as a consumer makes use of his right of revocation, he has to bear the regular costs of the return shipment.

3.2.    In all other respects, the right of revocation shall be governed by the provisions set out in detail in the following

 

INSTRUCTION ON RIGHT OF REVOCATION

Right of revocation

You have the right to cancel this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.

In order to exercise your right of revocation, you must inform us, neugerriemschneider GmbH, Linienstrasse 155, 10115 Berlin (phone number: +49 30 288 77277, fax number: +49 30 288 77278, email address: mail@neugerriemschneider.com) by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
 
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
 
Consequences of revocation

If you revoke this Agreement, we shall reimburse you for 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 different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you inform us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. Please use as return address:

Michel Majerus Estate GmbH
Knaackstraße 18
10405 Berlin

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.


3.3.    The Provider informs about the sample revocation form according to the statutory provisions as follows:

 

SAMPLE CANCELLATION FORM

If you want to cancel the contract, please fill out this form and send it back.(download form)

- To:     neugerriemschneider GmbH
Linienstrasse 155
10115 Berlin
fax number: +49 30 288 77278
Email address: mail@neugerriemschneider.com

- I/we (*) hereby revoke 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 in case of communication on paper)

- Date

(*) Delete if not applicable
 

End of the instruction on the right of revocation.

4.    Prices and shipping costs; Payment

4.1.    The prices shown in the online store are gross prices including the statutory value added tax and are exclusive of shipping costs ("Shipping"), the amount of which is shown separately in the order form before the Customer sends his offer to conclude the purchase contract.

4.2.    Payment for the ordered products is due upon conclusion of the contract and can be made using the payment services shown in the order form. Delivery shall only take place subject to receipt of payment confirmed by the payment service.

4.3.    If the Customer, who is a consumer, effectively revokes his contractual declaration in accordance with clause 3, he may, under the statutory conditions, demand reimbursement of costs already paid for shipment to the Customer (outward shipment costs). The direct costs of the return shipment shall be borne by the Customer upon revocation.

5.     Delivery and retention of title

The delivery of the ordered products will take place as soon as possible. Information about the delivery time is not binding, unless it has been expressly confirmed during the ordering process. The delivered goods remain the property of the supplier until full payment has been received.

6.    Warranty for defects; Guarantee

6.1.    If the goods are legally or materially defective, the Customer's claims shall be governed by the general statutory provisions. Towards entrepreneurs, the warranty period for products delivered by the Provider is 12 months.

6.2.    The Provider does not assume any guarantee of quality or any other independent guarantee. A procurement obligation does not exist either.


7.     Liability

7.1.    Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer from the injury of life, body, health or from the violation of substantial contractual obligations (cardinal obligations), as well as the liability for other damages, which are based on an intentional or roughly negligent breach of duty of the Provider, its legal representatives or executing aides. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

7.2.    In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

7.3.    The limitations of the above paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

7.4.    The above limitations of liability in paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.


8.     External links

The Provider assumes no liability for the pages linked to the website. For all contents, information and references contained on the Internet pages accessible through links on the website, the operators or owners of these Internet pages are exclusively responsible. This also applies to all services, promises and all other possibilities that can be used there.


9.    Copyright

All pictures, films or texts published in the online store are subject to copyrights of the Provider or third parties who have expressly permitted the Provider to use them. Any use of the images, films and texts is not permitted without the express consent of the Provider.


10.    Data protection

10.1.    Personal data is stored and used exclusively in accordance with the applicable data protection regulations and in accordance with the Privacy Policy available at https://michelmajerus.com The Customer has the right to information, correction, blocking and if necessary, deletion of voluntarily transmitted and stored data at any time. The corresponding contact can be made by e-mail (mail@neugerriemschneider.com) or by letter (to neugerriemschneider GmbH, Linienstrasse 155, 10115 Berlin).

10.2.     To the extent the personal data are necessary for the processing of the order, they will be forwarded to the company carrying out the shipment. This is information on the Customer's first and last name, delivery address. All products are shipped by Michel Majerus Estate GmbH, with the exception of the product "Takashi Murakami Edition Blau International", which is shipped directly by the printing company     
MENGERSHAUSEN EDITIONS     
Mariahilfstraße 16
81541 Munich
phone: 089-62423158
Email: editionen@mengershausen.com

10.3.    Apart from that, personal data will not be passed on to third parties without explicit consent that can be revoked at any time. No addresses are passed on and no addresses are sold.


11.    Online settlement of consumer disputes

The European Commission has set up an Internet platform for the online settlement of disputes. The platform serves as a contact point for consumers for the out-of-court settlement of disputes about contractual obligations arising from purchase and service contracts concluded online. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr.
 
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.


12.    Final provisions

12.1     The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

12.2.    If the Customer is a merchant and has his registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Provider. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

12.3.    Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. A void or ineffective provision shall be replaced by a provision which in its economic content comes closest to the void or ineffective provision. The same applies in the case of gaps.

December 2020